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HomeMy WebLinkAboutCity Council - 3609 RESOLUTION NO. 3609 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 AND/OR DEVELOP LAND FOR OPEN-SPACE PURPOSES NO . CALIF-OSA-375(G) - SECOND AMENDATORY CONTRACT 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 and/or Develop Land for Open-space Purposes No . CALIF- OSA-375 (G) - Second Amendatory Contract is hereby in all re- spects approved. SECTION 2 . The Mayor of the City of Huntington Beach is hereby authorized and directed to execute Contract No . CALIF- OSA-375(G) - Second Amendatory Contract in two (2) counterparts on behalf of the City of Huntington Beach 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 Develop- ment, 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 . ADOPTED this 4th day of December, 1972 . ti Mayor ATTEST: APPROVED AS TO FORM: 1 Paul C. Jones , City Clerk ity At orney be B Assistant City Clerk CERTIFICATE The undersigned hereby certifies that : 1. He is 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 4th day of December, 1972, 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 re- quirements and proceedings under law incident to the proper adoption or passage of said resolution have been duly ful- filled, 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 such 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 4th day of December, 1972 . PAUL C . JONE City Clerk ATTEST: 4a,-.e DAVID D. ROWLANDS City Administrator OFFICE OF CITY ATTORNEY c~ - - •' 's P. O. BOX 190 HUNTINGTON BEACH ssF�oalrrr`p`\�oe CALIFORNIA 92648 DON P. BONFA December 4 1972 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" ) , identified as Contract No. CALIF-OSA-375(G) - Second Amendatory Con- tract 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 December 4, 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 Stateor local) has been en- acted which affects your power or authority to enter into the Contract and carry out the program set out therein. I am, therefore, p 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 :bc Res. No. 3609 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 4th day of December 19 72 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Ma.tney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B Assistant City Clerk