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HomeMy WebLinkAbout1988-290 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-290 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR WEED ABATEMENT SERVICES RELATING TO AGENCY-OWNED PROPERTIES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute for and on behalf of said City an Agreement between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino for weed abatement services relating to Agency-owned properties, a copy of which is attached hereto as Exhibit "1", and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meting thereof, held on regular the 1st day of , 1988, by the following August vote, to wit: AYES: Council Members Estrada, Reilly, Flores, Maudslev. Minor, Pope-Ludlam, Miller NAYS: None ABSENT: None ~///!t1/~1e/ " City Clerk 6-28-88 DAB:cm 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The foregoing resolution is hereby approved this 2h( day of Auaust Approved as to form and legal content: ~~) Ci Attorne 6-28-88 DAB:cm , 1988. ~A4-~ /le-(~ Evlyn W cox, Mayor City of San Bernardino 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR WEED ABATEMENT SERVICES RELATING TO AGENCY-OWNED PROPERTIES day THIS AGREEMENT, made and entered into effective the ;Zh~ of ~~ , 1988, by and between the CITY OF BERNARDINO, a municipal corporation, hereinafter "City", and SAN the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate, hereinafter "Agency", constitutes the agreement of the parties relative to weed abatement services for Agency- owned properties. WITNESSETH: WHEREAS, the City has a responsibility under the San Bernardino Municipal Code to order and require the removal of weeds, other dead and dry vegetation, broken fences, rubbish and refuse from property within the City; and WHEREAS, if such materials are not removed as ordered City may perform or have performed such work and assess the cost thereof as a lien on the property; and WHEREAS, Agency owns various properties throughout the City and has need for the removal of weed and other such materials; and WHEREAS, the parties hereto have previously entered into an Agreement dated April 27, 1987, whereby City would abate such materials on Agency property and bill Agency therefor; and WHEREAS, such procedure is more efficient and less costly to both parties than the statutory process. NOW, THEREFORE, the parties hereto agree as follows: 6-28-88 DAB:cm 1 ex-H/8tT "'..1 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 , 25 26 27 28 1. On any property owned by Agency wh~ch has become ov~rgrown w~th weeds and other mater~al so a8 to requ~re abatement under the prov~s~ons of the San Bernard~no Municipal Code, the Department of Public Services shall be authorized to provide the necessary abatement services as required, without advance notification to the Agency. Prior to actual performance of weed abatement services, City shall cause to be inspected any Agency-owned property within the city limits which it believes to be in need of such abatement. Upon ascertaining that such lot in fact does require abatement, the City shall proceed to render abatement services, and shall, promptly after such services, inspect the site to make certain that the services have been performed in a reasonable manner. Thereafter, City shall submit a bill to Agency for the services provided. 2. Agency agrees to pay to City, upon billing from City, reasonable abatement charges for all Agency-owned property on which such abatement has been performed. Agency specifically waives advance not~ce of such intended act~on, and the right to a hearing on such proposed act~on. Agency consents to the removal of such material by City. After City has inspected the completed work, and submitted ~ts bill to Agency, Agency shall reimburse City for the actual costs of such abatement services. Total costs under this agreement shall not exceed $5,000 per fiscal year, without express written approval of the Executive Director of the Agency. Executive Director is authorized to agree to an 6-28-88 2 DAB:cm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .' 26 27 28 amount greater than $5,000 per year, but not to exceed a total of $1.0,000. 3. City shall exercise reasonable diligence in notifying Agency prior to exceeding the $5,000 maximum agreed to hereunder. Agency shall not be liable for amounts over the $5,000 limit unless otherwise agreed in writing in advance as specified above. 4. This agreement shall continue in effect unless terminated by either party in writing thirty (30) days prior to the effective date of termination. IN WITNESS WHEREOF, the parties have executed this agreement effective as of the date and year set forth above. CITY OF SAN BERNARDINO REDEVELOPMENT AGENCY OF THE CITY ~ SAN BERNARDINO By ~~o/ By ATTEST: <Z....- Secretary ~/#7~/~AI/ -'Ci ty Clerk A oved as to form and legal content: Approved as to form and legal content: ~~dAJ ::E~ / Dennis . Barlow 6-28-88 DAB:cm 3