HomeMy WebLinkAbout1991-394
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"city"),
RESOLUTION NO. 91-394
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
MAKING FINDINGS AND DETERMINATIONS AS TO THE
BENEFIT OF UNDERTAKING A CERTAIN PUBLIC
IMPROVEMENT PROJECT FOR THE UPTOWN
REDEVELOPMENT PROJECT AREA (PIONEER
CEMETERY)
WHEREAS, the City of San Bernardino, California (the
is a municipal corporation and a charter city duly
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created and existing pursuant to the Constitution and the laws of
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the State of California (the "city"); and
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WHEREAS, the Community Development Commission of the
ci ty of
San Bernardino
(the "Commission")
on behalf of
the
Redevelopment
city
of
San Bernardino
of
the
Agency
(the
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"Agency"), is a redevelopment agency, a public body, corporate
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and politic of the State of California, organized and existing
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pursuant
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Community
to
the
Redevelopment
(Part
1
of
Law
Division 24)
commencing with section 33000) of the Health and
Safety Code of the State of California (the "Act"); and
WHEREAS, pursuant to section 33445 of the Act, the
Agency may, with the consent of the Mayor and Common Council of
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the city (the "council"), pay all
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or a
part of the cost of
installation
construction
building,
facility,
and
of
any
structure or other improvement which is publicly owned either
within or without the boundaries of a redevelopment project area
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if the Council determines:
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(1) that such buildings, facilities,
structures
improvements
are
benefit
other
of
to
the
or
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1 redevelopment project area or the immediate neighborhood in which
2 the project is located, regardless of whether such improvement is
3 within another project area, or in the case of a project area in
4 which substantially all the land is publicly owned that the
5 improvement is of benefit to an adjacent project area of the
6 Agency, and (2) that no other reasonable means of financing such
7 buildings, facilities, structures or other improvements is
8 available to the community, and such determination by the Agency
9 and the Council shall be final and conclusive; and
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WHEREAS, the City and the Commission have previously
approved and adopted the Redevelopment Plan for the Uptown
Redevelopment Project (the "Uptown Redevelopment Plan"); and
WHEREAS, it is in the interests of the present
landowners within the project area subject to the Uptown
Redevelopment Plan (hereinafter referred to as the "Project
Area") and the residents, both within the Project Area and within
the City generally, that the Agency assist in the financing of
certain public improvements consisting primarily of the grading
and filling of certain areas designated for the expansion of
pioneer Cemetery (the "Cemetery Improvements") which Cemetery
Improvements are to be undertaken within an area which is
adjacent and in proximity to the Project Area; and
WHEREAS, the undertaking of the Cemetery Improvements
1 of the residents and occupants within the Project Area and areas
2 adjacent thereto; and
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4 WHEREAS, the undertaking of the Cemetery Improvements
5 will enhance aesthetic conditions through the addition of green
areas in areas immediately adjacent to the Project
6 belt-park
7 Area; and
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WHEREAS, residents and occupants from the Project Area
utilize the services of the pioneer Cemetery and
11 accordingly, its expansion and improvement will ensure the
12 health, safety and welfare of residents and occupants of the
13 Project Area; and
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WHEREAS, the expansion of the pioneer Cemetery through
the undertaking of the Cemetery Improvements is necessary for the
development of the Project Area and areas adjacent thereto since
the Project Area provides a residential base for many older
residents who may rely on the services provided by the pioneer
Cemetery; and
WHEREAS, in order to promote the City's health, safety
and welfare, it is important that the Cemetery Improvements
required for pioneer Cemetery be financed in order to ensure the
orderly development of the Project Area and neighboring areas;
and
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1 WHEREAS, it is appropriate at this time for the Council
2 to make certain findings and determinations and take certain
3 action with respect to the undertaking of the Cemetery
4 Improvements.
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6 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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9 SECTION 1. The Recitals hereinabove are true and
10 correct and are incorporated herein by this reference.
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12 SECTION 2. The Council consents to the payment by
13 the Agency of the costs of the Cemetery Improvements to be
14 undertaken adjacent to the project Area which are of benefit to
15 such Project Area and other neighborhoods within the city for the
16 reasons set forth in the Recitals hereinabove. The Council finds
17 and determines that no other reasonable means of financing the
18 undertaking of the Cemetery Improvements is presently available
19 to the city and that the city and the Agency require the use of
20 revenues generated from the Project Area in order to fund the
21 undertaking of the Cemetery Improvements.
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23 SECTION 3. The provision of the Cemetery
24 Improvements in an area adjacent to the Project Area will improve
25 aesthetic conditions around the Project Area and provide a
26 necessary service to the Project Area residents and occupants
27 which will make the Project Area more desirable for residential
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1 and other development which will in turn help eliminate blight
2 within such Project Area and other areas of the city.
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4 SECTION 4. The City Clerk is hereby authorized and
5 directed to cause this Resolution to be transmitted to the Agency
6 for consideration in connection with appropriate action by that
7 body.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS
2 AS TO THE BENEFIT OF UNDERTAKING A CERTAIN PUBLIC IMPROVEMENT
PROJECT FOR THE UPTOWN REDEVELOPMENT PROJECT AREA (PIONEER
3 CEMETERY)
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SECTION 5.
The findings and determinations herein
shall be final and conclusive. This Resolution shall take effect
upon the date of its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
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1991, by the following vote, to wit:
Council
of the
City of
adopted
and
Common
by
the
Mayor
San Bernardino at a
lP-qnl-"'lT
meeting
thereof, held on the
day of
3rd
~pp""pmh""r
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AYES:
Council Members Estrada, Reilly, Hernandez, Maudsley
Minor. Pope-Ludlam
NAYS:
None
Council Member Miller
ABSENT:
c.z~~~
The foregoing resolution is hereby approved this
6th
day of September
, 1991. ~G~ ,--
~YOR PRO TEMPORE city of
Sim Bernardino
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Approved as to form and legal content:
25 JAMES F. PENMAN
City Attorney
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27 By:
SB~1\DOC\478\es
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