HomeMy WebLinkAbout1994-003
12/08/93
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RESOLUTION NO. 94-3
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF IM-
PROVEMENTS IN THE AREA OF MILL AND BURNEY STREETS, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DIS-
TRICT NO. 1012, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTI-
GATION AND LIMITATION ACT OF 1931 DOES NOT APPLY.
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6 WHEREAS, the Mayor and Common Council of the City of San Bernardi-
7 no have preliminarily found that the public interest, convenience, and
8 necessity require the maintenance of landscaping in a portion of the City,
9 as more fully hereinafter described, and the appurtenances and appurtenant
10 work and incidental costs and expenses in connection therewith, that the
11 project is feasible, and that the lands to be assessed will be able to
12 carry the burden of the proposed assessments to pay the costs and expenses
13 thereof; and
14 WHEREAS, the Mayor and Common Council of the City of San Bernardi-
15 no have, on the 6th of December, 1993, passed and adopted Resolution No.
16 93-432, entitled:
17 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LAND-
18 SCAPING MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE MILL/BURNEY AREA:
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
19 KNOWN AS ASSESSMENT DISTRICT NO. 1012, AND WAIVING NOTICE AND HEARING.
20 which said Resolution indicated that the City elected to proceed without
21 Notice and Hearing pursuant to Section 12.90.040C(5) of the Municipal Code
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as the request represented 100% of the property owners liable to be assessed
for the maintenance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the public convenience and necessity require, and
27 the Mayor and Common Council of the City of San Bernardino hereby declare
28 that the public interest, convenience, and necessity require and hereby
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RESOLUTION ORDERING WORK: LANDSCAPE MAINTENANCE M1SESSt1ENT DISTRICT NO. 1012
94-3
1 order the formation of Assessment District No. 1012; the work described in
2 said Resolution No. 93-432, to be done in portions of the Mill and Burney
3 area as provided in said Resolution and that the Special Assessment, Inves-
4 tigation and Limitation Act of 1931 does not apply.
5 SECTION 2. The City Clerk is hereby directed to post a Notice for
6 five days on or near the door of the Council Chambers of the City Hall
7 inviting sealed proposals or bids when necessary for doing the work ordered
8 and referring to the specifications on file and to publish a Notice Inviting
9 such proposals for at least two days in the San Bernardino Sun, a newspaper
10 published and circulated in said City.
11 SECTION 3. The contract will be awarded pursuant to the standard
12 procedures used by the City in the award of Public Works contracts and the
13 work ordered hereunder shall be to the satisfaction of the City Engineer of
14 said City, and all of said work shall be done under his direction and shall
15 comply with the specifications prepared by him, and upon the completion of
16 said work, the City Engineer shall, and he hereby is directed to make the
17 assessment.
18 SECTION 4. Reference hereby is made to said Resolution No. 93-432
19 for a description of the work, the extent of the assessment district, the
20 financing alternatives and for further particulars.
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12/08/93 2
12(08(93
RESOLUTION ORDERING WORK: LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1012
94-3
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
adjourned
~~________meeting thereof held on the _~_Qth day of
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_9 ~_~__n_n__nnn_n
R~-Clark. City Clerk
The foregoing resolution is hereby approved this -lL~ day
of January , 1994.
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_~~~!~1v_~{i~~~~___nn_nnnnnnnnnnn
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
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