HomeMy WebLinkAbout1975-04-01; City Council; Resolution 36241
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RESOLUTION NO. 3624
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A
CLAIM AGAINST THE CITY.
WHEREAS, on March 12, 1975 Jerry L. Crossman filed
claim against the City of Carlsbad in the amount of $97.00; and
WHEREAS, State law requires that the City Council consider
all claims and take action to approve, approve in part, or deny
said claim;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the City Council has considered the facts and
circumstances of the above-described claim.
3. That the City Council hereby denies said claim.
4. That the City Attorney is directed to forward a copy
of this resolution to the claimant and to the City's insurance
carrier and to comply with all other notice requirements provided
by law.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad, California, at a regular meeting held on the
1st day of April , 1975, by the following vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and
NOES: None Counci 1 woman Cas1 er
ABSENT: None
/\ ATTEST :
(SEAL)"
THIS AGREEXENT is made and entered into this 1st day -
of April , 19 -' 75 by and between the County
of San Diego, a political subdivision of the State of
California, hereinafter called "Comty", and the Ci tv of
Carlsbad 3
a municipal corporation of the State of California, located
in the County of San Dicgo, hereinafter called "City".
W I T N E S S E T H:
Recital. A. In 1974, Zhs U.S. Congress enacted and the
President signed a lzw entitled, Yne Housing and Commnity
Development Act of 1974, herein called the "Act". The said
Act is onnibus legislation relating to Federal involvement
in a wide range of housing and community development activities
and contains eight separate titles.
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Recital 3. Title I of the Act is entitled, Community
'Development, and consolidates several existing categorical
programs for housing and community development into new
programs €or such housing and development under block
financial grants.
the improvement and development of metropolitan cities and
urban coilnties or coixiiunities by providing financial
The primary objectives of Title I are
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assistance annsally for area-wide plans and prog-iam of public
housing, public services and public wcrlcs.
Recital C. The Cour,2y of San Diego has heretofore
requested of the Department of Housing and Urban Developmnt
that it be qualified as an urban county and thereby become
eligible €or financia1,entitlemznts to receive Housing and
Commiity Development Block Grant funds.
the County has been infomed preliminarily, subject to final
Pursuant thereto,
detemination, tha-t it will qualify as an urban county and
be eligible €or funds.
Recital D. The Hortaing and Comuiity Development BBFock
Grant Regulations issued ytlrsutant to the Act (Lhe Regulations)
provide that qualiiicd ban cotmttlies rr:ust submit an application
to the Cepartment of HOUS%II~ and Qrbaiz Deve7opnnent for '
funds and th2t cities and snaller corrJnunities within the
metropolitan area not qualifying as metropolitan cities
may join the County in said application and thereby becoxe
a part of a more conprehensive County effort.
Rectial E. As the applicant, the County must take the
full responsibility and assume all obligations of an
applicant under the statute.
needs, the setting of objectives, the development of comuntiy
This includes the analysis of
development and housing assistance plans, the one-year
community development program, and the assurances or certi-
fications.
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ROi4 THEEFOXE, in ccnsidcratian of the mutual promises,
1. The parties agree to ccoperate in izndertaking, or
assisting in undertzking, essential cornrllunity development
and housing assistance activities, specifically urban
renewzl and publicly-assisted housing.
2. The City agrees that it shall be included in the
application the County shall make to the Department of
Kousing and Urban Development for Title I Housing and
Coimunity Developnicnt Block Grant funds under the above
reclted Act.
3. Thc City shall. prepare or work with the County
in the preparation of a detziled project o'i' projects or
other activities to be coiiducted or performed within the
' City the plan of which shall be included in the aforesaid
application.
4. The County agrees to include the City in its
application uiider the Act and to work with the City in the
preparation of the detailed project or projects or other .
activities to be conducted or performed within the City
pursuant to the application.
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5. The City and the County recognize that the County
shall be the governmental entity required to execute any grant
agreement received pmsuan.t to its application and that it
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shall thereby become legally liable agd resgonsible thereunder
for the proper perfoimancc of the plan and progrzm. The City
cooperative efforL hereunder and that it shall do any and all
things required md appropriate to conply with the provisions
of any Grant Agrement received by the County yursuact to
the Act and its Regulations.
6. The City agrees and does hereby commit itself to
undertake, conduct or perform or assist the County in
undertaking, cofiductii-iig or perfcming the essential
confinunity deveIopmmt 2nd. ho.r~.sing assista-nce activities
identiEied in the plsn aad progran contemplated hereunder a
pursuailt to the Act.
7. All funds received by the Co.icnty in accordaizze
with its application shall be identified and allocated to
the specific projects CT activities set oilt in thc application
and such allocated amounts shall be expended exclusively
€or such projects or activities; provided, however, that a
different distribution may be made when necessary to comply
with Tj-tle I of the Housing and Conmmity Development Act
of 1974.
8. The period of performance of this Agreement shall
be for the first prograrn year under the application which
will comiclice on the date of HUD approval of the County's
application and shall run for 12 consecutive months there-
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after except when modified un.de-r the provisions of the
Regulations. It is anticipated that the said application
modification of this Agreeincnt, fully executed by the
parties.
9. The parties agree that a fully executed arfiendment
or amendments to this Agreement shall be entered into as
required or neczssary to iE;plement a detailed and forniulated
plan and progranl as contenplated heieunder or for the pxrpose
of cozplying with any grant agreement rcceived or the regul-ations
issued pursuant to the Act.
10. The Pkyor a-nd City 15,ttuor~ey arc hereby a.u.thorized
to execiitc and submit to the Courtty 02 San Diego Assurance
Form HU3 7015.12 with respect to the corllrnunity devslopent
activities carried out within the boundaries of th-is City.
It is frrther iiiiderstoocl that the Chzirman of the Board of
.
Supervisors arid the County Counsel will rely upon the
assurances executed by ehe Mayor and.City Attorney for
purposes of executing an Assurance form for subrnission to HUD.
"-, 11. All records of the City respecting this application
and any projects undertaken pursuant thereto shall be open
and avail-able for inspection by auditors assigned by KUD
and/or the County on reasonable notice during the noma1
business hours of the City.
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pzrties have caused this
This Agreenent is approved COUNTY OF SAN DIEGO
as to €om and legzlity
and it is hereby certified
that the Agreement is in accordance with State and local law.
By -
ROBERT G. EERREY, County Counsel ATTEST :
BY Deputy By
Approved as to form mi!
ATTEST:
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