HomeMy WebLinkAbout1994-198
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RESOLUTION NO. 94-198
A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE EXTENSION OF CITY-
WIDE STREET LIGHTING AND STREET SWEEPING ASSESSMENT DISTRICT NO. 994, AMEND
THE BOUNDARIES THEREOF BY EXPANDING THE BOUNDARIES TO INCLUDE ADDITIONAL
TERRITORY IN THE DISTRICT, EXPAND THE SCOPE OF WORK WITHIN SAID DISTRICT TO
INCLUDE CITY-WIDE TRAFFIC SIGNAL MAINTENANCE AND GRAFFITI REMOVAL; ORDElnNG
THE EXTENSION, AMENDMENT AND EXPANSION OF WORK OF THE DISTRICT AND THAT THE
SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY
AND APPROVING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 994.
WHEREAS, by Resolution No. 90-323 adopted July 17, 1990, the Mayor
and Common Council of the City of San Bernardino created Assessment District
No. 994 for the City-wide street lighting and street sweeping; and
WHEREAS. the Mayor and Common Council of the City of San
Bernardino have preliminarily found that the public interest, convenience,
and necessity require the extension, amendment of the boundaries, and
expansion of the scope of work of Assessment District No. 99/, by the
expansion thereof to include additional territory and additional work; and
WHEREAS, the Mayor Rnd Common Council of the City of San
Bernardino have, on the 4th day of April, 1994, passed and adopted
Resolution No. 94-88 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING
20 THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE EXTENSION OF
ASSESSMENT DISTRICT NO. 994 TO PAY FOR THE COST OF EXISTING AUTHORIZED
21 MAINTENANCE AND OPERATIONS WHICH INCLUDE STREET SWEEPING AND STREET LIGHTING
AND OF PROPOSED MAINTENANCE AND OPERATIONS WHICH INCLL~E GRAFFITI REMOVAL
22 AND TRAFFIC SIGNAL MAINTENANCE, DECLARING ITS INTENTION TO PROCEED TO ORDER
SUCH MAINTENANCE AND OPERATIONS AND LEVY ASSESSMENTS WITHIN THE DISTRICT,
23 AND SETTING AND DIRECTING PUBLICATION OF A NOTICE OF A TIME AND DATE OF
PUBLIC HEARINGS.
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25 which said resolution duly and legally was published and notice of
26 improvement has been given in the manner required by Chapter 12.90 of the
27 San Bernardino Municipal Code; and written objections and protests to the
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06/16/94
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RES()':,"no\' EXTE\'DI'\G A1\D AXE\DI\G ,\SSESS':F:\'T DISTRICT \0. 994
94-198
extension, amendment and expansion of the proposed district, the work to be
done. or the extent of the district to be assessed were heard and
considered.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1_ That full and fair public hearings having been held on June
8, 1994 and June 22, 1994, as stated in the recitals herein, and the Mayor
and Common Council, having heard and considered any and all comments
received thereon and being fully advised in the premises, hereby overrules
any and all protests received.
SECTION 2. That the public convenience and necessity require, and the
Mayor ami Common Council of the City of San Bernardino hereby declares by
not less than a 4/5ths vote as defined in Section l2.90.040D of the San
Bernardino Municipal Code, that the public interest, convenience, and
necessity requires and hereby orders, the extension of the district, the
amendment of the bOlmdaries, and scope of Assessment District No. 994 by
expanding the boundaries and scope thereof to include additional territory
in the district and to include the maintenance and operation of traffic
signals and cost of graffiti removal in the district; the work described in
said Resolution No. 94-88 to be done as provided in said Resolution and that
the Special Assessment, Investigation and Limitation Act of 1931 shall not
apply.
SECTION 3. Reference hereby is made to said Resolution No. 94-88 for a
description of the work, the extent of the assessment district, and the
extent of the additional scope of the assessment district, the financing
alternatives and for further particulars.
SECTION 4.
That Amended Assessment District Diagram Map No. 994 is
hereby approved.
SECTION 5. The amended Engineer's Report, on file in the Office of the
City Clerk, is hereby approved.
06-16-94
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HESOL',,'TlO\' EXTE\'DI\'G A\'J) A:'E\'DgC !\.')STS,vENT DISTInCT NO. 99ft .1"'20
94-198
I HEHEBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Counci I of the City of San Bernardino at a
regular meeting thereof held on the 18th day of
July , 19 94 by the following vote, to-wit:
Council Members:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
The foregoing
July
AYES
NAYS
ABSTAIN
x
x
x
x
x
x
x
Ci~~
resolution is hereby approved this
, 19~
20th
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
<~gtr"^-
;l'OM MIN ,Mayor
City of San Bernardino
06-16-94
ABSENT
day
of