HomeMy WebLinkAbout1991-040
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RESOLtTJO~ ~O. 91-40
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A IIESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETER',INING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQtlRE THE PROPOSED MAINTENANCE Ol
LANDSCAPING IN THE AREA OF PENNSYLVANIA AVENUE AND BlIICH STREET, CREATING AN
ASSESSMENT DISTIIICT TO COVER THE COSTS OF SAID MAL NTENANCE, K!\OIIN AS
ASSESSMENT DISTRICT NO. 1001, ORDERING THE WORK ASD THAT THE SPECIAL
ASSESSMENT, INVESTIGATION AND LIMITATION ,\CT OF 1931 DOES NOT APPLl.
WHEREAS, the havor and Common Coune iI of the Ci tv of San Bernard ino
have preliminaril,y found that the public interest, convenience, and necessit),
c'eCfllire the
maintenance of landscaping in a portion of the City, as more
tully hereinafter described, and the appurtenances dnd appurtenant work and
incidental costs and expenses in connection therewith, that the project is
feasible, and tllat the lciJlds to be assessed will be able to carr) the
burclen of the pruposed assessments to pay the costs and expenses thereot:
and
WHEREAS, the rlayot' and Common Counci I of the City of San Bernardino
have, on the 10th of December, 1990, pdssed and adopted Resolution No. 90-
481 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERt-' I tIi LNG
THAT THE PUBLIC CONVENIENCE AND NECESSITl REQI;IRE THE FOR;lATION OF A
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED
TO ORDER WORK WITHI}; THE DISTRICT, TO BE KNOWtIi AS ASSESSMENT DISTRICT '10.
LOCll AND WAIVING NOTICE AND HEARING.
which sai d resol ution indicated that Ull' City e1 ectc-d to proceed without
Notice and Hear,lug pursuant to Section 12.90.040C(5) of the Municipal Code as
the n:~quest represented 100% of the propert:.v owners 1 iabl e to be rlssessed t 01-
the maintenance.
NOW. THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COlj\C II. OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the public convenience and necessity require, and
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1 the Mayor and Commo" Council of tbe City of San Bernardino herebo" declares
2 ,chat the pui)lic interest, convenience, and necessity requires and hereby
3 orders. the formation of Assessment District No. 1001; the work described in
4 said Resolution No. 90-481 to be done ln portions of the West side of
5 Pennsy1 vania Avenue c'etween the !';ortb and South boundaries Dt Tract No. 1411e
6 togethet' with the maintenance of the "open space" area (Edison Co. R/W)
7 wi thin the TL,,;t dS provided in said Reso I ution and that tbe Spec i d]
8 Assessment, Investigation and Limitation Act of 1931 does not apply.
9 SECT JON 2. The City Cl crk hereby is di reeted to post a NOti tee fOt"
10 five davs on or near the door of tbe Council Chambers of the City Hall
11 inviting sealed proposals or bids when necessary for doing the wor!; ordered
12 and referring to the specifications on fi Ie dud to publish a Notice InvItIng
13 such proposal s for" at least two days in the San Bernardino Sun, d newspaper
14 published and circulated in said City.
15 SECTION 3. Tlw contract wi I 1 be awarded pursuant to the standard
16 procedures used by the City in the award of Public Works contracts and the>
17 work ordered bereunder shall be to the satisfaction of the City Engineu of
18 sdid City, and all of said work shall be done under his direction and shall
19 comply with the specifications prepared by him, and upon the cumpletion 01
20 said work, the City Engineer sba 11. and he hereby is dir'ected to make the
21 assessment,
22 SECTION 4. Reference hereby is made to said Resolution Nn. 90-481
23 for a descript ion of tbe work, the extent of the assessment di strict, the
24 financing a1 ternatives and for further particulars.
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Rf.::;U:,.:."'] (.)\ . <" ';., ,E',' \ r; '.\OP\Y) -
1 ] HEREBY CLRTIF! that tbe foregoing resolution was duly adopted by the
2 Md.:--"or and Common CaUIle i 1 of the City of San Bernardino at a regular.
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4th
day' of Febr1di!:t:Y..-.~, 1991., [.1\' the
meeting thereoi, neld on the
4 following vote. to wit:
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Council hemhers: AYES
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NAYS
ABSTAIN
ESTRADA
REILLY
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FLORES
x
MAUDSLEY
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~IINOR
x
POPE-LUDLAIC
x
'11 LLER
x
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~~1Terk<-'=-'--r---
February . 1991.
The for-egoing resolution is hereby approved this
day of
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W . ole rob, Hayor
Citv'of S Bernardino
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20 Approved as to
form and legal content:
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clAMES F. PENMAN,
City Attorney
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1-14-91
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