HomeMy WebLinkAboutReso 5205-1969 RESOLUTION NO. 5205
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING FILING OF APPLICATION
FOR GRANT TO ACQUIRE AND DEVELOP OPEN-SPACE LAND.
WHEREAS, Title VII of the Housing Act of 1961, as amended,
provides for the making of gpants by the Secretary of Housing
and Urban Development to States and local public bodies to
assist them in the acquisition and development of permanent
interests in land for open-s~ace uses where such assistance
is needed for carrying out a unified or officially coordinated
program for the provision an~ development of open-space land
as part of the comprehensively planned development of the
urban area, and
WHEREAS, the City of So ath San Francisco, a municipal
corporation (herein sometime~ referred to as "Applicant")
desires to acquire fee title to certain land known as Botieff
Parcel, which land is to be ]~eld and used for permanent open-
space land for open space, park and recreation, and
WHEREAS Title VI of the Civil Rights Act of 1964, and
the regulations of the Department of Housing and Urban Develop-
ment effectuating that Title provide that no person shall be
discriminated against because of race, color, or national
origin in the use of the land acquired and/or developed, and
WHEREAS, it is estimated that the cost of acquiring said
interest will be $ 77,~.O~ ;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of South San Francisco, a municipal corporation'
1. That an application be made to the Department of
Housing and Urban Development for a grant in an amount
authorized by Title VII of the Housing Act of 1961,
as amended, which amounz is presently estimated to be
$ 38,500.00 , and that the Applicant
will pay the balance of the cost from other funds
available to it.
2. That the City Manager is hereby authorized and
directed to execute and to file such application with
the Department of Housing and Urban Development, to
provide additional information and to furnish such docu-
ments as may be required by said Department, to execute
such contracts as are required by said Department, and
to act as the authorized correspondent of the Applicant.
3. That the proposed acquisition is in accordance with
plans for the allocation of land for open-space uses,
and that, should said grant be made, the AppliCant will
acquire, develop, and retain said land for the uses
designated in said application and approved by the
Department of Housing and Urban Development.
4. That the United Sta~es of America and the Secretary
of Housing and Urban Development be, and they hereby
are, assured of full compliance by the Applicant with
regulations of the Department of Housing and Urban
Development effectuating Title VI of the Civil Rights
Act of 1964.
5. That the United States of America and the Secretary
of Housing and Urban Development be, and they hereby are,
assured of full compliar.ce by the Applicant with the
Federal labor standards imposed under Title VII of the
Housing Act of 1961, as amended.
I hereby certify that the foregoing Resolution was
regularly introduced and adopted by the City Council of the
City of South San Francisco at a regular meeting
held on the 17thday of NoYember , 1969 , by
the following vote:
AYES, COUNCILMEN Frank J. Bert~celli, Patrick £. Ahem. F. F~nnk
Mammini, Andrew Rocca and Warren SteinkamD
NOES, " None
ABSENT, " None
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OPINION OF COUNSEL CONCERNING APPLICANT'S
POWER TO RECEIVE AND EXPEND FEDERAL FUNDS,
CONTRACT WITH THE UNITED STATES OF AMERICA,
~D UNDERTAKE THE ACQUISITION, DEVELOPMENT,
AND RETENTION OF OPEN-SPACE LAND.
4 Honorable Mayor and Members of
· the City Council, and,
5 Mr. Thomas McKenzie, City Manager
City of South San Francisco
e 400 Grand Avenue
South San Francisco, California 94080
and
8
Department of Housing amdVU~han~*~Bev&~qpment
9 Metropolitan Development Office
Box 36003
lO San Francisco, California 9~102
~ Gentlemen:
1~ I am an attorney-at-law admitted to practice in the State
15 of California.
14 I have examined your application for a ~rant under Title VII
15 of the Housing Act of 1961, as amended, whereby assistance is
16 requested in the acquisition of fee title to certain land known
17 as Botieff Parcel for the purpose of open space, park and recrea-
18 tion.
19 I have also reviewed all pertinent FederaL~ State, and
ZO local laws, and particularly ResOlution No. 929 of the Board
Zl of Supervisors of the County of San Marco, State of California,
2Z ?'declaring the C'ity of South San Francisco to have been duly
Z$ i incorporated" passed September 19, 1908, copy of which was
Z4 iordered filed with the Secretary of State; Article XI, Sections
Z§ 6, 8, 11 and 19 of the California Constitution; Govex~nment Code
26 9f the State of California, Title 4, Division $; and Government
~? Code Sections 53700, et seq., which establish the City of South
28 ~San Francisco, a municipal corporation, as a public body,
~9 ~mpower it to receive and expend Federal State~ and local funds,
50 and empower it to contract with the United States of America
31 for the purpose of receiving a grant under Title VII of the
~ .~ousing Act of 1961, as amended.
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I have made appropriate inquiry and I &m satisfied that
there is no pending' or threatened litigation, in either Federal
or State courts, challenging your authority to acquire and
develop open-space land or to contract with the Federal Govern-
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5 ment for the purpose of receiving a grant under Title VII of the
Housing Act of 1961, as amended.
7 Based upon the foregoing, it is my opinion that the City
of South San Francisco, a municipal corporation, is a public
9 body empowered to receive and expend Federal, State, and local
10 funds, to contract with the United States of America for the
11 purpose of receiving a grant under Title VII of the Housing Act
of 1961, as amended, and to undertake and complete the proposed
acquisition fee title in the above-described land and, upon such
14 acquisition, retain Said interest for the designated permanent
15 open-space uses~ and that, upon acquisition of said interest in
said land, the interest of the City of South San Francisco, a
17 municipal corporation, will be free and clear of any restrictions
18 which would interfere with the stated purpose of said grant to
19 develop and maintain said land as permanent open-space land.
2o t '
(' %'- 'Oohn No~%Llan'
\ ^ttorne~ aC' Law
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November i$, 1969
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CERTIFICATE OF RECORDING OFFICER
The undersigned hereby certifies that:
1. He is the duly qualified and acting City Clerk of the
City of South San Francisco, a municipal corporation (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 17%h day of November
and duly recorded in his office.
3. The meeting was duly convened and held in all respects
in accordance with law and, ~o the extent required by law,
due and proper notice of the meeting was given. A legal
quorum was present throughou~ the meeting, and a legally
sufficient number of members of the Applicant voted in the
proper manner for the adoption of the resolution. Ail other
requirements and proceedings under law incident to the proper
adoption or' passage of the resolution have been duly fulfilled,
carried out, and otherwise observed.
4. If an impression of the seal has been affixed below,
it constitutes the official seal of the Applicant, and this
certificate is hereby executed under the official seal. If
no seal has been affixed below, 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
18th day of November , 19 69.
City Clerk'
ATTEST: Title
~i IDeputy CdtI Clerk
Title
, 1969,
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