HomeMy WebLinkAboutResolution No. 2170RESOLUTION NO. 2170
RESOLUTION OF THE CITY COUNCIL, CITY OF AZUSA, CALIFORNIA,
RESCINDING RESOLUTION ACCEPTING BID OF REAL PROPERTY UNDER
NOTICE NUMBER NINE OF INTENTION TO.SELL CITY OF AZUSA OWNED
REAL PROPERTY, AND RESCINDING RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF SAID SALE.
THAT WHEREAS, this Council did heretofore, by resolution duly
and regularly adopted, approve the contents of Notice Number Nine of
Intention to Sell City of Azusa Owned Real Property covering Lots in
Tract 8507 in said City, and did by said resolution authorize the
publication of said notice in the time, manner and form as prescribed
by law,
AND WHEREAS, said notice was published and, pursuant to the
terms of said notice, this Council did, on December 15, 1947, by
resolution duly and regularly adopted, accept the bid of the Azusa
Rock and Sand Company as to said parcels of property described in
said notice,
AND WHEREAS, said notice was given by the City Clerk of the City
of Azusa, and the Ordinances of said City provide that said notice
shall be given by the City Tax Collector,
AND WHEREAS, this Council received a communication from the
Azusa Rock and Sand Company in words and figures, as follows:
"City of Azusa,
City Hall,
Azusa, California.
Gentlemen:
Azusa, California
December 30, 1947 -
Re: Tract 8507
Pursuant to your Notice No. 9 of intention to
sell City of Azusa owned real property covering lots in
Tract 8507, the undersigned bid for all of the properties
described in said notice the sum of $81,000.00, payable
$31,000.00 with the bid and the balance to be paid with-
in thirty days after acceptance of said bid. The
$31,000.00 was paid and is now held by you, And the bid
was accepted by resolution adopted December 15, 1947•
It has been called to ourattention that under
the terms of your ordinance applicable to sales of city -
owned property, the notice of intention to sell should
be given by the Tax Collector, whereas your Notice
No. 9 was signed by the City Clerk. This variance
might present grounds for urging invalidity of the above
sale.
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We would like to eliminate any factors which
might be urged to question the validity of the sale.
We therefore request you to -vacate the resolu-
tion approving said sale, adopted December 15, 1947, and
to instruct the Tax Collector to readvertise said property
for sale, making certain that the new notice fully com-
plies with the applicable city ordinances.
Very truly yours,
AZUSA ROCK & SAND COMPANY
By H. E. BENDER (SGD) "
AND WHEREAS, this Council is of the opinion that it would be
tothe best interests of the City and of the said Azusa Rock and
Sand Company to rescind its action heretofore taken, as heretofore
set forth, all in accordance with the request of said Azusa Rock and
Sand Company,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
DOES HEREBY RESOLVE, AS FOLLOWS:
FIRST: That the action of this Council in approving the
contents of Notice No. 9 of Intention to Sell City of Azusa Owned Real
Property, covering Lots in Tract 8507, and this Councilts resolution
authorizing the City Clerk to cause said notice to be published in the
manner, time and form as prescribed by law, be and the same is hereby
fully rescinded.
SECOND: That the action of this Council in accepting the offer
of the Azusa Rock and Sand Company in the sum of $81,000.00, said
offer being made in accordance with the said published Notice No. 9 of
Intention to Sell City of Azusa Owned Real Property, be and the same
is hereby rescinded.
THIRD: That the action of this Council in rescinding its
former actions, as heretofore set out, are hereby made at the request
of said Azusa Rock and Sand Company, and the said action of this
Council is not to be construed in any manner in affecting the agreement
heretofore made and entered into by and between the City of Azusa and
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the Azusa Rock and Sand Company that said company will place a
bid for said properties in a sum of at least $81,000.00.
FOURTH: That the City Clerk is hereby authorized and
instructed to deliver a certified copy of this Resolution to the
Azusa Rock and Sand Company.
Passed, approved and adopted this 5th day of January, 1948.
�I
Mayor of the City of Azusa, Calif.
ATTEST:
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City Cllrjk `
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, M. A. HYNES, City Clerk of the.City of Azusa, California,
do hereby certify that the whole number of members of the City
Council of the City is five; that the foregoing resolution, being
Resolution No. 2170 was passed and adopted by the said
City Council, approved and signed by the Mayor of said City and
attested by the City Clerk of said City, all at a regular
meeting of said Council and adopted by the following vote, to -wit:
AYES: Councilmen - Nasser, Jumper, Memmesheimer, Dickerson, Malone
NOES: Councilmen - None
ABSENT: Councilmen - None
City Cler of the city of
Azusa, Ca fornia.
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