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RESOLUTION NO. 2791
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO SETTING A HEARING FOR
THE PURPOSE OF DETERMINING \rIHETHER OR NOT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IM-
PROVEMENT OF SEPULVEDA AVENUE BETWEEN 13th STREET
AND THE NORTH PROPERTY LINE OF 14th STREET BY THE
CONSTRUCTION OF CURB, GUTTER AND PAVING IN THE CITY
OF SAN BERNARDINO, CALlroRNIA.
WHEREAS, Section 17 of the Article XIII of the Constitution of
the State of California provides that the debt limitation and
majority protest provisions of said section shall not apply if,
after the giving of such reasonable notice by publication and
posting and the holding of such public hearing as the Mayor and
Common Council of the City of San Bernardino shall have prescribed,
said council by no less than 4/5ths vote of all members thereof, finds
and determines that the pUblic convenience and necessity require the
improvement proposed to be made; and
WHEREAS, Section 2804 of the Streets and Highways Code of the
State of California provides that the "Special Assessment Investi-
gation, Limitation and Majority Protest Act of 1931" shall not apply
to any proceeding otherwise subject thereto when said improvement
proceeding is by a charter city and said city has complied with the
provisions of Section 17 of Article XIII of the Constitution of the
State of California; and
WHEREAS, the City of San Bernardino is a charter city of the
State of California.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN B:mNARDINO DOES RESOLVE AS FOLLOWS:
SECTION 1. That said Mayor and Common Council proposes to
initiate proceedings for the improvement of SEPULVEDA AVENUE between
13th Street and the North property line of 14th Street by the con-
struction of curb, gutter and paving in the City of San Bernardino,
California. The nature, location, and extent of the proposed improve-
ment are as shown respectively on the plan and profile No. 1740
adopted and approved by the said Mayor and Common Council on July 20,
1953, and in accordance with specifications entitled "Specification
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No. 2126, For Construction of Curb, Gutter and Paving and Appurtenant
Facilities, Department of Engineering, City of San Bernardino, July,
1953," which said specifications were duly adopted and approved by
said Mayor and Common Council by Resolution No. 2781. Said plan
and profiles and specifications now are on file in the Office of the
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City Engineer of said City, to which said plan and profiles and
specifications, reference is made for all particulars relative thereto.
SECTION 2. That the total estimated cost of the proposed improve-
ment is $6,590.88.
SECTION 3. That the said improvement shall be conducted under
the Improvement Act of 1911, which is Division 7 of the Streets and
Highways Code of the State of California.
SECTION 4. That notice hereby is given that on Monday, the
17th day of August, 1953, at 7:30 o'Clock P.M., in the Council Chamber
located in the City Hall, 426 Third Street, San Bernardino, California,
there shall be a public hearing before said Mayor and Common Council for
the purpose of determining whether the public convenience and necessity
require the above described improvement.
SECTION 5. That the City Clerk shall give notice of the hearing
by posting a copy of this resolution in the manner prescribed by Section
5065 of the Streets and Highways Code and by publication as hereinafter
provided. Any person interested may make protest against the proposed
improvement in writing filed with the City Clerk at any time not later
than the hour set for the hearing in the manner provided by Section
5220 of the Streets and Highways Code.
SECTION 6. That the City Clerk hereby is directed to publish
this resolution in the San Bernardino Evening Telegram on two success-
ive dates, the first publication to be made not less than ten (10) days
prior to the date of the above public hearing.
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I HEREBY CERTIFY that the foregoing resolution was passed by
the Mayor and Common Council of the City of San Bernardino, at a
regular meeting thereof, held on the 3rd day of August, 1953, by
the following vote, to-wit:
AYES: Kirk, Joris, Duncan, Howard, Kremer
NOES: None
ABSENT: None
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I hereby approve the foregoing resolution this 4th day of
August, 1953.
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BERNARDINO
FILED
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JACK T. FELTON. City Clerk
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