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HomeMy WebLinkAbout1991-122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. JlL::J22____. A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF NORTH "H" STREET, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1002, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 DOES NOT APPLY. WHEREAS, the Mayor and Common Council of the City of San Bernardino have preliminarily found that the public interest, convenience, and necessitv require the maintenance of landscaping in portions of the City, as more fully hereinafter described, and the appurtenances and appurtenant work and incidental costs and expenses in connection therewith, that the project is feasible, and that the lands to be assessed will be able to carry the burden of the proposed assessments to pay the costs and expenses thereof; and WHEREAS, the Mayor and Common Council of the City of San Bernardino have, on the 18th day of March, 1991, passed and adopted Resolution No. 91-90 enti tl ed : RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATJON OF A LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1002 AND WAIVING NOTICE AND HEARING. which said resolution indicated that the City elected to proceed without Notice and Hearing pursuant to Section 12.90.040C(5) of the Municipal Code 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 0, THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the public convenience and necessity require, and III 03-26-91 RESOLCIIO\ ORDEJiI\c; \\ORe~ AD 1002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Mayor and Common Council of the City of San Bernardino hereby declares that the public interest, convenience, and necessity requires and hereby orders, the formation of Assessment District No. 1002; the work described in said Resolution No. 91-90 to be done in portions of both sides of "H" Street, North of 53rd Street and in the South bank of the San Bernardino County Flood District's dike which adjoins the area on the North as provided in said Resolution and that the Special Assessment, Investigation and Limitation Act of 1931 does not apply. SECTION 2. The City Clerk hereby is directed to post a Notice for five days on or near the door of the Council Chambers of the City Hall inviting sealed proposals or bids when necessary for doing the work ordered and referring to the specifications on file and to publish a Notice Inviting such proposals for at least two days in the San Bernardino Sun, a newspaper published and circulated in said City. SECTION 3. The contract will be awarded pursuant to the standard procedures used by the City in the award of Public Works contracts and the work ordered hereunder shall be to the satisfaction of the City Engineer of said City, and all of said work shall be done under his direction and shall comply with the specifications prepared by him, and upon the completion of said work, the City Engineer shall, and he hereby is directed to make the assessment. SECTION 4. Reference herehy is made to said Resolution No. for a description of the work, the extent of the assessment district, financing alternatives and for further particulars. 91-90 the III III III 03-26-91 2 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 R':C:OLCTlO\ ORDc'U\(; '.\O~l': AD 1002 , I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reqular meeting thereof, held on the _~~5th _ day of ~i1_________, 1991. by the following vote, to wit: Council Members: -----~._~-~~--- AYES ESTRADA x --_._-- REILLY L____ FLORES lL~_ MAUDSLEY x_____ __ MINOR L_ POPE-LUDLAM L__ MILLER x.___ NAYS ABSTAIN .------~~-~-'~----- - C1r~k/}(.~-I7k The foregoing resolution is hereby approved this 17th day of Apri 1 , 1991. Approved as to form and legal content: JAMES F. PENMAN, City Attorney ;; /~~"~ , -~'2 03-26-91 ./ ." / /0 ~ _ :> ,- / / "./' //.-- ..../ ~/.,1 //' / .' . / -.. / / ////;~/- ~;/~~./ ,/ W,R~ H~lcomb, (Mayor /' City of San Bernardino 3