HomeMy WebLinkAboutCity Council - 3553 RESOLUTION NO. 3553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING FILING OF APPLICATION
WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOP-
MENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER
P.L. 89-117 (ADAMS-DELAWARE STORM DRAIN PROJECT)
WHEREAS , pursuant to P.L . 89-117 the United States of
America has authorized the making of grants to public bodies
to aid in financing the construction of basic water and
sewer projects ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Huntington Beach that David D . Rowlands , City
Administrator, be and he is hereby authorized to execute and
file an application on behalf of the City of Huntington Beach
with the department of Housing and Urban Development , United
States Government, for a grant to aid in financing the con-
struction of a storm drain system to eliminate flooding and
property damage , and an assurance of compliance with the
Department of Housing and Urban Development regulations
under Title VI of the Civil Rights Act of 1964 .
RESOLVED FURTHER that David D. Rowlands , City Administrator,
be and he is hereby authorized and directed to furnish such
information as the Department of Housing and Urban Develop-
ment may reasonably request in connection with the applica-
tion which is herein authorized to be filed .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 21st
day of August , 1972 .
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ATTEST: APPROVED AS TO FORM:
1 y City Attorney
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OFFICE OF
'".s'°�m� CITY ATTORNEY
O. BOX 190
HUNTINGTON BEACH
CALIFORNIA 92648
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DON P. BONFA August 14, 1972 TELEPHONE
CITY ATTORNEY
(714) 536-5251
Honorable Mayor and City Council
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
Re : Adams-Delaware Storm Drain Project (WSF-CA-09-16-1036)
Gentlemen:
I am an attorney at law admitted to practice in the State
of California.
I have examined your application for a grant under Section
702 of the Housing Act of 1965, as amended, (42 U.S .C . 3102)
whereby assistance is requested to develop and construct
adequate basic water and sewer facilities .
I have also reviewed all pertinent Federal , State, and local
laws , including local charter provisions , and particularly
Section 400 of the City Charter of the City of Huntington
Beach; Government Code Sections 53701, 38900, 40404 , and
4306.9 , and Article 11; Sections 11 and 19 of the California
Constitution; and Streets and Highways Code Section 10102 ,
which establish the City of Huntington Beach as a public
body, empower it to receive and expend Federal, State ,
and local funds , and empower it to contract with the United
States of America for the purpose of receiving a grant under
Section 702 of the Housing Act of 1965 , as amended .
I have made appropriate inquiry and am satisfied that there
is not pending or threatened litigation in either State or
Federal Courts which (a) challenges your authority to con-
struct the project as set forth in the application, or (b)
might jeopardize the successful completion and operation of
such project , or (c) challenges your authority to contract
with the Federal Government for the purpose of receiving a
grant under 42 U.S .C . 3102 .
Letter to City Council
August 14, 1972
Page Two Re : Adams-Delaware Storm Drain Project
WSF-CA-09-16-1036
Based upon the foregoing, it is my opinion that the City of
Huntington Beach is a public body empowered to receive and
expend Federal, State, and local funds , to contract with the
United States of America for the purpose of receiving a grant
under Section 702 of the Housing Act of 1965, as amended, and
to undertake and complete the proposed development and con-
struction of the facility in the above referenced application.
Upon completion of the facility, the City of Huntington Beach ' s
interest(s) will be free and clear of any restrictions which
would interfere with the operation of the water or sewer
facilities .
Respectfully submitted,
DON P . BONFA
City Attorney
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CERTIFICATE OF RECORDING OFFICER
The undersigned duly qualified and acting City Clerk and
Ex-officio Clerk of the City Council of the City of Huntington
Beach, a municipal corporation, does hereby certify :
That the attached resolution is a true and correct copy
of the resolution, authorizing the filing of application with
the Department of Housing and Urban Development , as regularly
adopted at a legally convened meeting of the City Council of
the City of Huntington Beach duly held on the 21st day of
August , 1972 ; and further that such resolution has been fully
recorded in the journal of proceedings and records in my
office .
IN WITNESS WHEREOF, I have hereunto set my hand this
21st day of August , 1972 .
PAUL C . JON S ty Clerk and
Ex-officio C16,fk of the City
Council of the City of Huntington
Beach, California
i
Res. No.3553
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, the duly elected , qualified and
acting City Clerk of the City of Huntington Beach, and ex-
officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
resolution was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council
at a regular meeting thereof held on the 21st
day of August 19 72 , by the following vote:
AYES: Councilmen:
Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley
City Clerk and -officio Clerk
of the City Council of the City
of Huntington Beach, California