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HomeMy WebLinkAboutCity Council - 3581 RESOLUTION NO. 3581 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND PROVIDING FOR THE EXECUTION OF A CONTRACT FOR GRANT TO ACQUIRE LAND FOR OPEN-SPACE PURPOSES NO. OSL-CA-09-16-1002 (A) (G) BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE UNITED STATES OF AMERICA Be it resolved by the City Council of the City of Huntington Beach as follows : SECTION 1 . The pending proposed Contract for Grant to Acquire Land for Open-space Purposes No . OSL-CA-09-16-1002 (A) (G) is hereby in all respects approved . SECTION 2 . The Mayor of the City of Huntington Beach is hereby authorized and directed to execute Contract No . OSL-CA- 09-16-1002(A) (G) in two ( 2) counterparts on behalf of the City of Huntington Beach, a municipal corporation, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the public body on each such counterpart and to forward such counterparts to the Department of Housing and Urban Development , for execution on behalf of the Government together with such other documents relative to the approval and execution of such counterparts as may be required by the Government . SECTION 3 . This resolution shall take effect immediately . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of October, 1972 . ti Mayor ATTEST : APPROVED AS TO FORM: "r City Ci Atto ne lm OFFICE OF ""s' CITY ATTORNEY P. O. BOX 190 HUNTINGTON BEACH �sF� rtr`p``Eoe CALIFORNIA 92648 October 2, 1972 DON P. BONFA TELEPHONE CITY ATTORNEY (714)536-5261 Honorable Mayor and City Council City of Huntington Beach Post Office Box 190 Huntington Beach, California 92648 Gentlemen: I have examined the proposed Contract for Grant to Acquire Open-space Land (herein called the "Contract" ) , and identi- fied as Contract No . OSL-CA-09-16-1002(A) (G) , to be entered into between yourself and the United States of America. I have also examined the two counterparts''of the Contract. I have further examined that certain Resolution adopted by you on October 2, 1972, wherein the execution of the Contract was authorized. I have made appropriate inquiry and I am satisfied that said Resolution is still in full force and effect, that there is no pending or threatened litigation (`either in Federal or State Courts) challenging your authority to enter into the Contract, and that no legislation (either State or local) has been enacted which affects your power or authority to enter into the Contract and carry out the pro- gram set out therein. I am, therefore, of the opinion that you are authorized to enter into the Contract, that it has been executed as authorized by said Resolution and by law, and that , when the Contract has been executed by the Government, it will constitute a valid, binding, and legal agreement between yourself and the Government . Respectfully submitted, DON P. BONFA City Attorney' DPB:lm CERTIFICATE The undersigned hereby certifies that : 1 . He is the duly qualified and acting City Clerk of the City of Huntington Beach (herein called the "Applicant") and the keeper of its records . 2 . The attached resolution is a true and correct copy of the resolution as finally adopted at a meeting of the Applicant held on the 2nd day of October, 1912, and duly recorded. - 3 . Said meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of the meeting was given. A legal quorum was present throughout the meeting, and a legally sufficient number of members of the Applicant voted in the proper manner for the adoption of said resolution. All other requirements and proceedings under law incident to the proper adoption or passage of said resolution have been duly fulfilled, carried out and otherwise observed. 4 . If an impression of the seal has been duly affixed below, it constitutes the official seal of the Applicant, and this certificate is hereby executed under said official seal. If no seal has been affixed, the Applicant does not have and is not legally required to have an official seal. 5 . The undersigned is duly authorized to execute this certificate . IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 2nd day of October, 1972 . PAUL C . JONES City Clerk ATTEST: DAVID D. ROWLA DS City Administrator Res. No. 3581 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACII ) 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 2nd day of October 19 72 , by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Green City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California