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ORDINANCE NO.0I0 t,$
AN ORDINANCE ESTABLISHING PROCEDURE FOR FINDING
AND DEI'ERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE CERTAIN IMPROVEMENTS OR
ACQUISITIONS OF PROPERTY.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. PROCEDURE AUTHORIZED--Before the Mayor and Common
Council adopts any resolution or ordinance ordering the construction
of any improvement or the acquisition of any property for public use,
or both, herein referred to asu"improvement", where the cost thereof
i/ll to be paid in whole or in part by special assessment taxes upon
lands, a public hearing may be held and a finding and determination
made ~ the Mayor and Common Council as provided herein that the
public convenience and necessity require the same.
If such procedure is not so followed and if such finding and
dehtmination is not madt PlIuuant thereto, the requirements otherwi/lllB:t
prescribed ~ Division 4, Street/hand Highways Code of the State of
California, and Article XIII, Section 17, of the Constitution shall
be complied with pefore any such resolution or ordinance may be adopted.
SECTION 2. PUBLIC HEARING--The Mayor and Common Council may hold
a public hearing to find and determine whether the public convenience
and necessity require any such improvement. Reference may be made to
one or more plans, profiles, specifications, maps or plats for the
description of the improvement and all particulars relative thereto,
which plans, profiles, specifications, maps, or plats shall be on file
with the City Clerk or the City Engineer and open to inspection.
SECTION 3. COMBINED HEARING AUTIDRIZED--The hearing required, by
this ordinance may be a separate hearing or may be combined and held
concurrently with the hearing required ~ the imProvement act pursuant
to which the improvement proceeding is proposed.
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SECTION 4. COMBINED NOTICES AUTHORIZED--Whether said hearing
is held separate, or oombined and held oonourrently with the hearing
required by the improvement aot pursuant to whioh the improvement
prooeeding is proposed, notioe shall be given by posting and publio-
ation in the manner presoribed by the improvement aot involved, and
if said hearings are oombined or held oonourrently, suoh notioe may
be oombined with the notioe of hearing given under the said improve-
ment aot under whioh the improvement prooeeding is proposed.
SECTION 5. HEARING: DECISION: EFFECT--The hearing may be
oontinued from time to time. After the oonolusion thereof and prior
to adoption of a resolution or ordinanoe ordering the improvement,
the Mayor and Common Counoil shall oonsider and pass upon all protests
filed and all matters presented and its deoision thereon shall be
final and oonolusive.
If by suoh deoision the Mayor and Common Council finds and de-
termines by no less than a four-fifths vote of all members thereof
that the publio'oonvenience and necessity require suoh improvement,
the Mayor and Common Counoil may thereafter, in aooordanoe with the
improvement act speoified or designated for the project, adopt a
resolution or ordinanoe ordering the improvement substantially as
proposed, or as modified, altered or changed by order of the Mayor and
Common Counoil as authorized by the improvement'aot for the projeot.
After suoh finding and determination by the Mayor and Common
Counoil, the provisions of law for debt limitation and majority protest
as mentioned in Artiole XIII, Seotion 17, of the Constitution shall
not apply.
SECTION 6. CONSTRUCTION--This ordinance shall be liberally con-
strued in order to effectuate its purpose.
SECTION 7. eONSTITUTIONALITY--If any seotion, subseotion or
portion of this ordinance is deolared to be invalid or unconstitutional
by a oourt of oompetent jurisdiction, suoh holding shall not affect the
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validity of the remainder of this ordinance, and the Mayor and Common
Council of the City of San Bernardino hereby declares that it would
have adopted all of the remaining sections, subsections, and portions
of this ordinance notwithstanding.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted
by the Mayor and CODlDlon Council of the City of San Bernardino at a
.!J ~A.)_.tin. th.reof. h.1d = th.. / c: :d. day of
~ " 1955, by the following vote. to-wit: .
ATFl3: 7~~~~ ~
NOES: ~ ABSENT: ~
W~~
JACK T. FELTON
y
The above ordinance is hereby approved this
/7.d day of
7/wr
, 1955.
Approved as to form:
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