HomeMy WebLinkAbout1995-247
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RESOLUTION NO.
95-247
RESOLUTION DF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER
AMENDMENT RELATING TO THE SALE OF CITY PROPERTY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
Resolution No. 95-28 has been adopted by the Mayor and
Common Council of the City of San Bernardino on February 9, 1995,
submi tting to the electors of the City of San Bernardino a
proposed Charter amendment, a copy of which is attached hereto as
Exhibit A, and which is hereby incorporated herein as though fully
set forth.
SECTION 2. Special Municipal Election Called.
A special municipal election is called to be consolidated
with the city primary election and will be held in the City of San
Bernardino on Tuesday, November 7, 1995, for the purpose of
submi tting to the qualified electors of the City, for their
approval or disapproval, the proposed Charter amendment set forth
in Exhibit A attached hereto.
SECTION 3. Measures.
The measure to be voted on at the special municipal election
as it is to appear on the ballot shall be as follows:
Measure Approves a
Charter amendment to allow
the procedure for the sale
of City real property to be
set by ordinance, but such
sale shall not be for less
than fair market value.
For the amendment
[ ]
Against the amendment
[ ]
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DAB/js [Sale.Res)
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The measure shall be designated on the ballot by a letter
printed on the left margin of the square containing the
description of the measure as provided in the Elections Code of
the state of California.
SECTION 4. Notice of Election.
The City Clerk is hereby directed to publish a notice of the
municipal election which shall contain the following:
A. The date of the election;
B. That the last day for receipt of primary arguments for
or against the measure has been established as 5:30 p.m. on
July 3l , 1995, in the City Clerk's Office, Second Floor,
City Hall, 300 North "D" Street, San Bernardino, California;
C. That the last day for receipt of rebuttal arguments is
5:30 p.m. on August 7 1995, in the City Clerk's Office at
the above location.
The City Clerk is directed to accept arguments and arrange
for sample ballots, which shall include the text of the proposed
Charter amendment, in accordance with Sections 306, 9280 et seq"
and 9600 of the Elections Code.
This notice may be combined with a notice of any other
special municipal election to be held on the same date.
SECTION 5. Conduct of Election,
The special municipal election called by this resolution
shall be held in such precincts and at such polling places as
shall be determined by the City Clerk pursuant to law. The City
Clerk shall take all steps necessary for the holding of the
election.
DAB/js [Sale.Res]
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fs- -- "7
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY DF
SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER
2 AMENDMENT RELATING TO THE SALE OF CITY PROPERTY.
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I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and
San Bernardino at a
regular
lOth day of
Common Council of the City of
meeting thereof, held on the
July
, 1995, by the following vote, to-wit:
Council Members:
AYES
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
NAYS
ABSTAIN
x
x
x
x
x
x
x
C~~k ~
of
The foregoing Resolution is hereby approved this
July
, 1995.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:~.Q
/
DAB/js [Sale.Res]
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Tom' Minor, 'Mayor
City of San Bernardino
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ABSENT
12th day
II,';:
, '/7
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PROPOSED CHARTER AMENDMENT
It is proposed that subsection (a) of Section 40 of the
Charter of the City of San Bernardino be amended to read as
follows:
"(a) Purchase and Sale of Property. Council shall
have power to purchase, lease, receive and hold real
and personal property wi thin or without the City
limits, and to control, sell and dispose of the same
for the common benefit; provided that the
sale or
disposal of real property which is appraised at a
value in excess of $2,000 shall be approved by a five-
sevenths (5/7) vote of the Council and shall be
subject to competitive bidding and no bid shall be
awarded for a sum less than the minimum price approved
in a resolution of the Council which provides for the
notice inviting bids
procedure for the sale of real
property shall be established by the Council by
ordinance but such sale shall not be for less than the
fair market value of the property as determined by the
Council, based on good and sufficient evidence in the
record. II
DELETED SECTION READS: .sale or disposal of real proprety which is
appraised at a value in excess of $2,000 shall be approved by a
five-sevenths (5/7) vote of the Council and shall be subject to
competitive bidding and no bid shall be awarded for a sum less than
the minimum price approved in a resolution of the Council which
provides for the notice inviting bids.
!i1i'IEImil
Added
Exhibit "A"
DAB/js [Sale.Res]
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RESDLUTION NO.
95-28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY
RELATING TO THE SALE OF CITY PROPERTY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
(a) In accordance with the Constitution of the State of
California, the City of San Bernardino, a municipal corporation,
has adopted a Charter.
(b) The Common Council of the City of San Bernardino
desires to submit to the electors the Charter Amendment set forth
in this resolution.
SECTION 2. Submittal to Electors. The following proposed
amendment to the Charter of the City of San Bernardino is
submitted to the qualified electors of the City of San Bernardino
for their approval or rejection at the municipal election to be
held on Tuesday, November 7, 1995.
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Subsection (a) of Section 40 of the
Charter of the City of San Bernardino be amended to read as
follows:
(a) Council shall have power to purchase, lease,
receive and hold real and personal property within or
without the city limits, and to control, sell and
dispose of the same for the common benefit; provided
that the procedure for the sale of real property shall
be established by the Council by ordinance but such
sale shall not be for less than the fair market value
DAB/js [CompBid.Res]
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January 11. 1995
Q5-28
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of the property as determined by the Council, based on
good and sufficient evidence in the record.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a
regular
meeting thereof, held on the
6th day of February
1995, by the following vote, to-wit:
ABSENT
AYES NAYS
X
X
X
X
X
X
X
Council Members:
NEGRETE
9 CURLIN
10 HERNANDEZ
11 OBERHELMAN
12 DEVLIN
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POPE-LUDLAM
MILLER
ABSTAIN
Q 0u.L CJa-i-+___
City Clerk
The foregoing Resolution is hereby approved this 9th
of February
, 1995.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
, /I
By: Ja"....? ;Ie~
(J
DAB/js [CompBid.Res]
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Tom Minor, "Mayor
City of San Bernardino
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January 11. 1995