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HomeMy WebLinkAbout1986-341 1 2 3 4 5 6 7 RESOLUTION NO. 86-341 A RESOLUTION OF THE CITY OF SAN BERNAROINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF PINE AND BELMONT AVENUES, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 976, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. WHEREAS, the Mayor and Common Council of the City of 8 San Bernardino have preliminarily found that the public 9 interest, convenience and necessity require the maintenance 10 of landscaping in a portion of the City, as more fully 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hereinafter described, and the appurtenances and appurtenant wor k incidental costs and expenses in connection and therewith, that the project is feasible, and that the lands to be assessed wi 11 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 4th day of August, 1986, passed and adopted Resolution No. 86-322 entitled: RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMI- NARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 976 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(sl of the Municipal Code as the request represented 100% of the property owners liable to be assessed for the maintenance. 1 ] NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 2 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOllOWS: 3 SECTION 1. That the public convenience and 4 necessity require, and the Mayor and Common Council of the 5 City of San Bernardino hereby declares by not less than a 6 4/5th vote as defined in Section 12.90.0400 of the San 7 Bernardino Municipal Code, that the pUblic interest, 8 convenience and necessity requires and hereby orders, the 9 formation of Assessment District No. 976; the work described ]0 in said Resolution No. B6-322 to be done in portions of ]1 Belmont Avenue, Irvington Avenue, Pine Avenue and the 12 Metropolitan Water District property which adjoins Pine Avenue 13 on the Southeast as provided in said Resolution and that the ]4 Special Assessment, Investigation and limitation Act of 1931 15 shall not apply. 16 SECTION 2. The City Clerk hereby is directed to 17 post a Notice for five days on or near the door of the Council 18 Chambers of the City Hall inviting sealed proposals or bids 19 when necessary for doing the work ordered and referring to the 20 specifications on file and to publish a Notice Inviting such 2] proposals for at least two days in the San Bernardino Sun, a 22 newspaper published and circulated in said City. 23 SECTION 3. The contract will be awarded pursuant 24 to the standard procedures used by the City in the award of 25 Public Works contracts and the work ordered hereunder shall be 26 to the satisfaction of the City Engineer of said City, and all 27 of said work shall be done under his direction and shall 28 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 comply with the specifications prepared by hi m, and upon the completion of sa i d work, the City Engineer shall, and he he re b y is directed to make the assessment. SECTION 4. Reference hereby is made to sa i d Resolution No. 86-322 for a description of the work, the extent of the assessment district, the financing alternatives and for further particulars. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on reou]ar the day of , 19.8J>-' by the 19th All gll c:t- following vote, to wit: AYES: COUNCIL MEMBERS Reilly, Marks, Quiel, Frazier, Strickler NAYS: None ABSENT: Council Members Estrada, Hernandez ~~~~ / CHy C erk The foregoing resolution is hereby approved this O:</A-r day of , 19~. nar lno , [' Pro Tempore Approved as to form: cJZti,t)/l-l2~ Cl ty At orney 3