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HomeMy WebLinkAbout02-Public Works ~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o . o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 3 SHALL NOT APPLY TO THE FORMATION OF CITY WIDE ASSESSMENT DISTRICT NO. 994 FOR STREET LIGHTING AND STREET SWEEPING SERVICES 4 5 WHEREAS, the City of San Bernardino is a Charter City, and WHEREAS, the City has complied with the provisions of Section 19 of Article XVI of the California Constitution 6 7 8 9 relative to the formation of City Wide Assessment District No. 994 for street lighting and street sweeping services, and WHEREAS, notice of the proposed formation of the assessment district has been mailed to all property owners within the proposed assessment district, and WHEREAS, the Mayor and Common Council of the City of San Bernardino have, on the 4th day of June, 1990, passed and adopted Resolution No. 90-207 entitled: "RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A STREET LIGHTING AND STREET SWEEPING ASSESSMENT DISTRICT. NO. 994 AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING." NOW, THEREFORE, BE IT RESOLVED that the Mayor and Common Council do hereby find and determine that the publiC convenience and necessity require the proposed street lighting and street sweeping services as described in Resolution No. 90-207, and hereby orders that the special Assessment, Investigation and Limitation Act of 1931 shall not apply. DAB:kq [Act193l.Res] July 5, 1990 1 A..; 1-- -. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . o 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 2 SHALL NOT APPLY TO THE FORMATION OF CITY WIDE ASSESSMENT DISTRICT NO. 994 FOR STREET LIGHTING AND STREET SWEEPING SERVICES 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting thereof, held on the 6 7 8 9 day of , 1990, by the following vote, to wit: Council Members: NAYS ABSTAIN AYES ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 1990. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney f\, By:\~7 /J ') /. If:::~ / DAB:kq [Act1931.Res] 2 July 5, 1990 . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o 1 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CITY WIDE STREET LIGHTING AND STREET SWEEPING SERVICES AND CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID SERVICES KNOWN AS ASSESSMENT DISTRICT NO. 994, AND ORDERING THE WORK. 3 4 5 6 7 8 9 WHEREAS, the Mayor and Common Council of the City of San Bernardino have preliminarily found that the public interest, convenience, and necessity require City-wide street lighting and street sweeping services, 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 4th day of June, 1990, passed and adopted Resolution No. 90-207 entitled: "RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A STREET LIGHTING AND STREET SWEEPING ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 994 AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING.", / / / DAB:kq [994.Res] July 5, 1990 1 ~~ . o o . 1 Which said resolution duly and legally was published and 2 notice has been given in the manner required by Chapter 12.90 of 3 the San Bernardino Municipal Code; and written objections and 4 protests to the formation of the proposed district, the work to 5 be done or the extent of the district to be assessed were heard 6 and considered. 7 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 8 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. That a full and fair public hearing having been 10 held, as stated in the recitals herein, and the Mayor and Common 11 Council, having heard and considered any and all comments 12 received thereon and being fully advised in the premises, hereby 13 overrules any and all protests received. 14 SECTION 2. That the public convenience and necessity 15 require, and the Mayor and Common Council of the City of San 16 Bernardino hereby declares, that the public interest, 17 convenience, and necessity requires and hereby orders, the 18 formation of Assessment District No. 994; the work described in 19 said Resolution No. 90-207 to be done within the Corporate City 20 Limits of the City of San Bernardino as provided in said 21 Resolution. 22 23 SECTION 3. The work is proposed to be carried out by City forces. If it is determined that the needs require an outside 24 contract, then the City Clerk hereby is directed to post a Notice 25 for five days on or near the door to the Council Chambers of the 26 City Hall inviting sealed proposals or bids when necessary, for 27 doing the work ordered and referring to the specifications on 28 DAB:kq [994.Res] July 5, 1990 2 . . . o 1 RESOLUTION ORDERING WORK: CITY-WIDE STREET SWEEPING AND STREET 2 LIGHTING ASSESSMENT DISTRICT (AD994) 3 file and to publish a Notice Inviting such proposals for at least 4 two days in the San Bernardino Sun, a newspaper published and 5 circulated in said City. 6 SECTION 4. If a contract is let, the contract will be 7 awarded pursuant to the standard procedures used by the City in 8 the award of Public Works contracts and the work ordered 9 hereunder shall be to the satisfaction of the City Engineer of 10 said City, and all said work shall be done under his direction 11 and shall comply with the specifications prepared by him, and 12 upon the completion of said work, whether by City forces or by 13 outside contract, the City Engineer shall, and he hereby is 14 directed to make the assessment. 15 SECTION 5. Reference hereby is made to said Resolution 16 No. 90-207 for a description of the work, the extent of the 17 assessment district, the financing alternatives and for further 18 particulars. 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 DAB:kq [994.Res] July 5, 1990 3 . o . o 1 RESOLUTION ORDERING WORK: CITY-WIDE STREET SWEEPING AND STREET 2 LIGHTING ASSESSMENT DISTRICT (AD994) 3 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the City of San 6 7 8 Bernardino at a meeting thereof, held on the day of , 1990, by the fOllowing vote, to wit: Council Members: AYES NAYS ABSTAIN 9 ESTRADA 10 REILLY 11 FLORES 12 MAUDSLEY 13 MINOR 14 POPE-LUDLAM 15 MILLER 16 17 18 19 20 City Clerk The foregoing resolution is hereby approved this day of , 1990. 21 W. R. Holcomb, Mayor City of San Bernardino 23 22 Approved as to form and legal content: 24 25 26 27 28 JAMES F. PENMAN, Ci ty A)jtorney ., By: Jk-z--. ? ~ (/ DAB:kq [994.Res] July 5, 1990 4 .. '+0 ./ 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 . o . RESOLlTI'ION NO. RESOLUTION OF THE CITY OF SAN BERNARDlHO FINDING AND DETBIlKINING THAT TBB PUBLIC CONVENIENCE AND NllCI8SITY lIEQUIRE CITY WIDE STRBBT LIGHTING AND STRllET SWEEPING SERVICIS AND CREATING AN ASSBll8tIBNT DISTRICT TO COVER THE COSTS OF SAID SERVICIS DOlIN AS ABSBSS!IBNT DISTRICT NO. 994, ORDERING THE WORK AND THAT TBB SPECIAL ASSBSSHENT, INVESTIGATION AN{) LIMITATION ACT OF 1931 SHALL NOT APPLY. WHEREAS, the Mayor and Co_on Council of the City of San Bernardino have preli.inarily found that the public interest, convenience. and necessity require City-wide street lighting and street sweeping services, as .ore 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 assess.ents to pay the costs and expenses thereof; and WHEREAS. the Mayor and Co_on Council of the City of San Bernardino have, on the 4th day of June, 1990. pa~sed and adopted Resolution No. 90-207 entitled: .. "RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DIlTERKINING THAT THE PUBLIC CONVENIENCB AND NllCI8SITY REQUIRE THE FOllflATION OF A STRBBT LIGHTING .AND STRllET SWEEPING ASSESSHEtlT DISTRICT; DECLARlHG ITS INTENTION TO PJlOCJIBD TO ORDER WORK WImIN THE DISTRICT, TO BE KNOWN AS ABSESSHENT DISTRICT NO. 994 AND Sll'lTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING.", which said resolution duly and legally was published and notice has been given in the .anner required by Chapt.er 12.90 of t.he San Bernardino Municipal Code; and written objections and protests to the fOl'lDlltion of the proposed district, the work to be done or the extent of the district to be assessed were heard and considered. NOW. THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That a full and fair public hearing having been held. as stated in the recitals herein, and the Mayor and Co_on Council, 06-25-90 -' .' , .... - RESOLUTION ORDERING WORK: ASSESSMENT DISTRICT (~4) CITY-WIDE STREET o SWEEPING AND STREET LIGlITING o 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 having heard and considered any and all co.-ents received thereon and being fully advised in the preaises, hereby overrules any and all protests received. That the public convenience and necessity SECTION 2. require, and the Mayor and Co_on Council of the City of San Bernardino here~ declares ~ not less than a 4/5ths vote as defined in Section 12.90.040D of the San Bernardino Municipal Code, that the public interest, convenience, and necessity requires and here~ orders, the foraation of Assessllent District No. 994; the work described in said Resolution No. 90-207 to be done within the Corporate City Li.its of the City of San Bernardino as provided in said Resolution and that the Special Assessaent, Investigation and Liaitation Act of 1931 shall not apply. SECTION 3. The work is proposed to be carried out ~ City forces. If it is deterained that the needs require an outside contract, then the City Clerk here~ is directed to post a Notice for five days on or near the door of the Council Chllllbers 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 4. If a contract is let, the contract will be awarded pursuant to the standard procedures used ~ 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 co.ply wi th the specifications prepared ~ hi., and upon the cOllpletion of said work, whether ~ City forces or ~ outside contract, the City Engineer shall, and he here~ is directed to lIllke the assessaent. 06-25-90 2 ,~ '.0 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 ORDERING WORK: CITY-WIDE OSTREET SWEEPING AND STREET LIGHT,~ NG ASSESSMENT DISTRICT c:P994) ~ SECTION 5, Reference hereby is made to said Resolution No. 90-207 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 Co.-on Council of the City of San Bernardino at a lIeeting thereof held on the day of , 19_, by the following vote, to-wit: Council Meabers: AYES NAYES ABSTAIN ESTRADA REILLY FLORES MAUIlSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of ,19_, ..R. HOLCOHIl, Mayor City of San Bernardino Approved as to fora and legal content: .JAMES F. PENMAN, City Atto~rney, /}. () By: /}a- _/~ ./ 06-25-90 3 . . . o '0 MANPONERo TEMPORARY SERVICES ,-, ;_.. J .:.) July 6, 1990 ;"] .;:: ['"0 ".,.+t" ,," HonorablE;' Mayor and Members of the Common Council City Hdl 300 North "D" Street San Bernardino, CA 92418 To the Honorable Mayor and Members of the Common Council: As a business owner and home owner in San Bernardino, I strongly support upgrading police protection and services, however, I disagree with the method being proposed to accomplish those objectives. The creation of a city-wide assessment district, as proposed in the Director of Public Works/City Engineer letter dated June 8, 1990, appears to be designed to confuse the public and circumvent the intent of the voters when they passed Proposition 13. I am in total agreement with the Chamber of Commerce resolution (copy attached) to oppose the creation of an Assessment District as proposed and urge you to place the issue before the taxpayers as soon as possible. I pledge my support for a properly prepared tax-override measure as allowed by Proposition 13. sincerely, 4~ eu;'elO){. ~iiri'~lcox, President Manpower, Inc. Enlosure jgt 5013 AItIngIon _. 8uIIt D . ..-. CIIIIomIa _ . (714) 888 8180 .. NoIIII D.... . .... ""111"'" ColI...."",1lM1Q . (714) ~ 880 NoIIII Mot -... JOE" twO ..... tl7I8 0 (7l4) .481IDT 177'1lO eo-"" 11 n 81. IMI 0 CIIr" III '::alii ..... 1174t . _ 888 1lIOII 720 South Ramona ~ 8uIIt 20Il . 00nIna, 1171. . (714) 73Mm & (714) 827-8517 . . . 1;1 S.vIBUPlABDlftO 546 W: 6TH ST. . P.O. BOX 658 . Of' COMMERCE BtRARDII'tO. CA 92402. (714) 885.7515 AC.CREDITED -...-- RBSOLU'lIOII ASSBSSKBIIT DISTRICT CITY OP SAIl BBRMaRDIBO LIGBTIBG AIID STRlBT SWBBPING ASSBSSKIIIT DISTRICT The Sa BlRJaar4ino Ar.a Chaaber of Co...roe believe. that the city of Sa Be:naar4ino 18 in n.e4 of a44it1onal .eU1d'es to. i.prove the police protection a4 to incr.as. the city beautification. Th. Chaaber b.liev.s that if the purpo.e of the Ass.....nt District is to provi4. a44itional fun4. for police prot.ction, that the concept of a44itional polic. protection i. a vali4 qoal. Th. vot.r. of the Stat. of california have .stablish.4 a ..th04 of i.po.inq a44itional tax.s. The Cheaber wou14 support the qo.l of the City to improve the polic. protection, how.v.r; ay ad4ition.l f... or tax.. shou14 b. .ubmitt.d to the electorate as all a44itiollal tax. Th.r.fore, the Cheaber of Commerce oppos.s the Assessment District as propos.4.