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HomeMy WebLinkAbout1990-166 , i' 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. __._~ll=li_L__._ A RESOLUTION OF HlE CITY OF SAN BERNARDINO FINDING AND DETER!1INING THAT THE PUBLIC CONVENIENCE AND NECE~;SITY REQUIRE THE PROPOSED UNDEIIGROUNDING OF UTILITIES IN THE AREA OF LENA ROAD AND TENNIS COURT LANE CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID lJNDERGROlJNDING KNOWN AS ASSESSMENT DISTRICT NO. 992, ORDERING THf, WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITAT.ION ACT OF J'lYl SHALL NOT APPLY. WHEREAS, the Mayor and Common Council of the City of San Bernardino have preliminarily found that the public interest, convenience, and necessity require the undergrounding of all overhead ntil it ies in d portion of the Ci ty, as more fully hereinafter described, and "the appur-tenances and appurtenant work and incidenta I costs and in connection therewith, that the project! s expenses fpasible, and thilt the lands to be assessed wi] 1 be able to carry the burden of the prapospd assessments to pay the costs and expenses ther-pof; and WIlEREA~, the ~li1yor and Common Council of the City ul ;,d" Bernardino have. orl the 3th of Jdll\lary, 1990, pilssed an,! adopted Resolution No. 90-6 entit.led; RESOLUTION OF THE C IIY or SAN BER~JARDINO l'RELHIINARILY DETERI'1IN ING THA T TIfE PUBLIC CONVEN IENCE AND NECESSITY REQUIRE TI'.E FORMATION Of' AN UNDERGROUND UTILITY ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 992 AND WAlVHiG NOTICE AND HEARING. which said resolution indicated that the City elected r:o procet." without Notice and Hear-ing pUl'S1Jdnt to Sect.ion 12.90.040CO) ot. the MunicIpal Code as the request ,'epresented 100% at the property owners liable to he assessed for the maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARmNO AS FOLLOWS: SECTION Th,lt the publ ie convenience and neC:8SS i ty 1. 0', -(F,-9() , ,. , 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 .RESOLVnON ORDER] Nt; WORK: A:,SESSI1ENT DIST1IJ CT NO. 992 r'equire, and the Mayor and Common Council of the City of San Bernardino hereby c\eelares by not less than a 4/5ths vote as defined in Section 12.9G.OltOD of thE.! San Bernardino Municipal Code, that the public interest, convenience, lI.nel necessity requires and hereby order's, the formation of Assessment District No. 992; the work described in said Resolution No. 90-6 to be done in portions of Lena Road at Tennis COllrt Lane as provided in said Resolution and that the Special Assessment, Investigation and Limitation Act of 1931 shall 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 invi ling sealed proposals or bids when necessary for doing the work ordered and referring to the specifications on Ii Ie and to publ ish a Notice Inviting such propos,,] s for at least two days in the Sdn Bernardino Sun, a newspaper published and clrculilted in said City. SECTION 3. The contract wi 11 be aw"rded standard procedures used by the Ci ty in the award pursuant to the of Public Works contracts and the work ordered hereunder shall be to the satisfdction 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 werk, the City Engineer shall, and he hereby is directed to make the assessment. SECT ION 4. Reference hereby is made to said Reso lut ion No. 90-6 tor a description of the work, the extent of the assessment district, the financing alternatives and for further particulars. I I I I I I 04-04-90 2 ." 1 2 3 4 5 6 7 8 9 10 RESOLUTION ORDERING WORK: ASSESSi"ENT DISTRICT NO. 992 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof held on the 7th day of May . 19~. by the following vote, to-wit: Council Members: ESTRADA REILLY FLORES MAUDSLEY MINOR 11 POPE-LUDLAM 12 13 14 15 16 17 18 19 20 21 22 MILLER AYES NAYES ABSTAIN x -- x x x x x ~#d~1;f/ City Clerk The foregoing resolution is hereby approved this Mav .19~ Approved as to form 23 and legal content: 24 25 26 27 28 By: 04-04-90 day of 3