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HomeMy WebLinkAbout1991-466 , 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. 91-466 .--,-------~---- A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT TilE PUBLIC CONVENIENCE AND NECESSITY REQUIRE TilE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF CAJON BOULEVARD AND PEPPER LINDEN DRIVE CREATING AN ASSESSMENT DISTRICT TO COVER TilE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1005, ORDERING TilE WORK AND TIIAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LHlITATION ACT OF 1931 DOES NOT APPLY. WHEREAS, the Mayor' and Common Council of the City of San Bernardino have preliminarily found thai the public interest, convenience, and necessity require the maintenance of landscaping in a por'tion of the City, as mo['e fully hereinafter described, and t.he appurtenances and appurt.enant. work and incidental costs and expenses in connection therewith, that the project is feasible, and that t.he lands t.o be assessed will be able to carry ib" burden of the proposed assessments to pay the costs and expenses tbereof; and WIIEREAS, the Mayor and Common Counci 1 of the City of San Ber'nm'dino have, on the 21st day of October, 1991, passed and adopted Resolution No. 91-434 entitled: RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMININ(; THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESS~IENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN TilE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1005 AND WAIVING NOTICE AND HEARING. which said resoluUon 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 tbe property owners liable to be assessed for the maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TilE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the public convenience and necessity require, and III 10-22-91 ]?,::SO'XTIO\: opm:rl';(; w('Rr AD ~ au:; 1 the Mayor and Common Council of the City of San Bernardino hereby declar'es 2 that the public interest, convenience, and necessity requires and hereby 3 order-s, the formation of Assessment District No. 1005; the work described in 4 said Resolution No. 91-434 to he done in portions of the Easterly side of 5 Pepper Linden Drive, the Southerly side of Cajon Boulevard, in easement areas 6 located adjncent to imd Southeasterly of the Southeaster'ly line of Tract No. 7 14503-1, the Retention Basin located in Tract No. 14503-1 and in easements 8 granted for landscape maintenance purposes on the recorded maps of Tracts 9 14503 and 14503-1 as provided in said Resolution and that the Special 10 Assessment, Investigation and Limitation Act of 193] does not apply. 11 SECTION 2. The City Clerk hereby is directed to post a Notice for 12 five days on or near the door of the Council Chambers of the City Hall 13 inviting sealed proposals or bids when necessary for doing the work ordered 14 and referring to the specifications on file and to publish a Notice Inviting 15 such proposals for at least two days in the San Bernardino Sun, a newspaper 16 published and circulated in said City. 17 SECTION 3. The contract wi 11 be awarded pursuant to the standard 18 procedures used by the City in the award of Public Works contracts and the 19 work ordered hereunder shall be to the satisfaction of the City Engineer of 20 said City, and all of said work shall be done under his direction and shall 21 comply with the specifications prepared by him, and upon the completion of 22 said work, the City Engineer shall, and he hereby is directed to make the 23 assessment. 24 SECTION 4. Reference hereby is made to said Resolution No. 91-434 25 for a description of the work, the extent of the assessment district, the 26 financing alternatives and for further particulars. 27 28 10-22-91 2 llESOLUnO\ i)}iDEIH\C ',(OP!; .,AD 10C.') 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 2 Mayor and Common Council of the City of San Bernardino at a ~gu1~~___. 3 4 5 6 7 meeting thereof, beld all the 18th following vote, to wit: Cmmci 1 Members: ~-----_._-----_._---- AYES ESTRADA x ----- REILLY x --- 8 HERNANDEZ 9 MAUDSLEY 10 MINOR x ---- x ---~ x -"~-- 11 POPE-LUDLAM 12 MILLER 13 14 15 16 17 18 19 x ---~ day of November , 1991 by the NAYS ABSTAIN ABSENT x ~~~--- The foregoing resolution is hereby approved this 20th day of . 1991. Nov~er 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: t~Y~~Jdk>t~ 1()-22-91 ~<~ ~- ~--- 3