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Home My WebLink AboutMC-426 SAN BERNARDINO 54333-011-4 ORDINANCE NO. MC-426 . . AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. 3902 RELATING TO ASSESSMENT BONDS FOR PUBLIC IMPROVEMENTS IN THE CITY AND DECLARING THE URGENCY THEREOF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. Amendment. Section 1 of Ordinance 3902 shall be amended to read as follows: "Section 1. General Powers. Any part or parts of the City of San Bernardino (hereinafter referred to as the "City") may be created and operated as a district or districts for the acquisition, construction, installation, improvement, completion, repair, management, reconstruction, administration, maintenance, operation and disposal of the public improvements (sometimes collectively referred to as the "Improvements") enumerated in the Acts hereinafter referred to. The Mayor and Common Council shall have the powers, jurisdiction and authority, all as now or hereafter provided in the Improvement Bond Act of 1915, the Municipal Improvement Act of 1913 and the Improvement Act of 1911 (hereinafter referred to as the "Acts"). In addition to the matters specified elsewhere in this Ordinance, the City is authorized to perform the following acts, including, without limi tation: (a) Acquire, by condemnation, purchase, gift, lease or any other means, property necessary or convenient for such use or uses as are provided in the Acts and for other purposes as the Mayor and Common Council, in their sole discretion, may determine to be necessary or convenient for the district or districts including, without limitation, the acquisition of Capacity Rights in the City's Wastewater Treatment Plant located at 299 Blood Bank Road, San Bernardino. (b) Employ engineers, attorneys, and other persons necessary or convenient for the doing of any act authorized by this Ordinance. -1- 26-Cl-JWB-402.8 12-6-84 (br) MC-426 SAN BERNARDINO 54333-011-4 (c) convenient for Ordinance. Do all acts and things necessary or~' the accomplishment of the purposes of this Section 2. Amendment. Section 7 of Ordinance 3902 shall be amended to read as follows: "Section 2. Period of Notice. Except as otherwise provided herein, the first publication and the mailing of any resolution or notice shall be not later than fifteen (15) days before the day fixed therein for hearing or other act; provided, however, that when, in the sole opinion of the Mayor and Common Council, a shorter time period may be sufficient in the circumstances, or certain notices or other parts of the proceedings normally required under the Acts may be eliminated, the Mayor and Common Council may so proceed. In addition, if all of the property owners whose property may be subject to assessment shall waive any requirements of this Ordinance, the waiver shall become part of the proceedings and the Mayor and Common Council may proceed in reliance thereon and so dispense with any such requirement." Section 3. Amendment. Section 9 of Ordinance 3902 shall be amended to read as follows: "Section 3. When Bonds May Issue. The bonds may be issued before (i) contracting or obtaining options for the purchase of the land, property or rights-of-way to be acquired, or obtaining a judgment in eminent domain for the acquisition thereof in all proceedings under this Ordinance or (ii) before detailed plans and specifications have been prepared; provided that sChmatic plans and specifications have been filed with the clerk and approved by the Common Council and provided that a reasonably detailed description of the improvements to be acquired and/or constructed and reasonably detailed cost estimate thereof is set forth in the proceedings, [and the provisions of the Acts relating to any requirement for completed plans and specifications prior to the confirmation and recording of the assessments and the issuance of the bonds shall not apply. J" Section 4. Amendment. Section 10 of Ordinance 3902 shall be amended to read as follows: -2- 26-CI-JWB-402.8 12-6-84 (br) , KC-426 SAN BERNARDINO 54333-011-4 "Section 4. Terms of Bonds, Registration. The bonds may be issued as serial bonds or term bonds or any combination thereof; may be redeemable at par or at a required premium or premiums prior to maturity from such fund or funds as shall be established therefor; may mature and bear interest on such date or dates and shall be issued as fully registered bonds with appropriate exchange and transfer provisions, all as the Mayor and Common Council, in their discretion shall determine." Section 5 . Effective Date. Section 5. and shall take effect such urgency are: This Ordinance is an urgency measure upon adoption. The facts constituting There is a severe unemployment problem in the City. The City has previously exercised its home rule charter powers in enacting Ordinance 3815 to help to combat this problem and foster employment in the City. The City is presently in the process of implementing its efforts under Ordinance No. 3815. It appears that the installation of public improvements by the assessment district method provi- ded hereunder will greatly facilitate certain developments and so help the efforts to combat the unemployment problem in the City. At present, the limitations and other inconve- niences in the Acts prevent their being used successfully and with the speed that is necessary and desirable. Developers have expressed their need for the assessment_ district method provided hereunder and for the sewer financing related thereto. It is necessary and desirable that such developers be encouraged and that they proceed as quickly as possible so that the jobs that will be provided will become available at the earliest possible date. In the findings of Ordinance 3815 and in the evidenciary material which supported the same, it appeared that unemployment was at least a major contributing cause to crime, juvenile delinquency, private and public health problems, as well as having other bad social consequences. Therefore, the public peace, health and general welfare of the City and its citizens and inhabitants require that this Ordinance take effect upon adoption. -3- 26-Cl-JWB-402.8 12-6-84 (br) MC-426 SAN BERNARDINO 54333-011-4 I HEREBY CERTIFY that the foregoing Ordinince was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 7th day of January ,1985, by the following vote, to wit: --- AYES: Council Members Castaneda, Reilly, Marks, Quiel, Frazier, Strickler NOES None ABSENT: Council Member Hernandez ~;?;?/~4 -"City Clerk The foregoing ordinance is 8th day January ,1985. this of '~o'+V: Approved as to form: ':11 If $U47J / City Attorney . 1M 1/ . / -4- 26-Cl-JWB-402.8 12-6-84 (br)