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HomeMy WebLinkAbout1986-098 1 RESOLUTION NO. 86-98 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF 3 LANDSCAPING IN THE AREA OF CABLE CREEK, NORTHWESTERLY OF LITTLE LEAGUE DRIVE CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, 4 KNOWN AS ASSESSMENT DISTRICT NO. 970, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Mayor and Common Council of the City of San Bernardino have preliminarily found that the public interest, convenience and necessity require the maintenance of landscaping in a portion 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 3rd day of March, 1986, passed Qnd adopted Resolution No. 86-75 entitled: RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETER~INING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF MAINTEN- ANCE OF LANDSCAPING ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEE TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 970 AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. Which said resolution duly and legally was published and notice of improve- ment has been given in the manner required by Chapter 12.90 of the San Bernardino Municipal Code; and written objections and protests to the formation of the proposed district, the work to be done or the extent of the district to be assessed were heard and considered. NOW THEREPORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: - 1 - 1 SECTION 1. That a full and fair public hearing having been held, 2 as stated in the recitals herein, and the Mayor and Common Council, having 3 heard and considered any and all comments received thereon and being fully 4 advised in the premises, hereby overrules any and all protests receive 5 SECTION 2. That the public convenience and necessity require, and 6 Mayor and Common Council of the City of San Bernardino hereby declares by 7 not less than a 4/5 vote as defined in Section 12.90.040(D) of the San 8 Bernardino Municipal Code, that the public interest, convenience and neces- 9 sity requires and hereby orders, the formation of Assessment District No. 10 970, the work described in said Resolution No. 86-75 to be done in porUons 11 of the North side of the Frontage Road for the entire distance within the 12 boundaries of the district together with the maintenance of the "open Space" 13 areas and related Tot Lot play equipment lying within Tentative Tracts No. 14 12756 and 13172, and the administration thereof as provided in said Resolu- 15 tion and that the Special Assessment, Investigation and Limitation Act of 16 1931 shall not apply. 17 SECTION 3. The City Clerk hereby is directed to post a Notice for 18 five days on or near the door of the Council Chambers of the City Hall in- 19 viting sealed proposals or bids for doing the work ordered and referring to 20 the specifications on file and to publish a Notice Inviti:ng such proposals 21 for at least two days in the San Bernardino Sun, a newspaper circulated 22 in said City. 23 SECTION 4. The contract will be awarded pursuant to the standard 24 procedures used by the City in the award of Public Works contracts and 25 the work ordered hereunder shall be to the satisfaction of the City Engineer 26 of said City, and all of said work shall be done under his direction and 27 shall comply with the specifications prepared by him, and upon the comple- 28 tion of said work, the City Engineer shall, and he hereby is directed to . ~ . 1 make the assessment. 2 SECTION 5. Reference hereby is made to said Resolution No. 86-75 3 for a description of the work, the extent of the assessment district, the 4 financing alternatives and for further particulars. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 6 the Mayor and Coml1'On Council of the City of San Bernardino at a reaular 7 meeting thereof, held on the day of April , 1986. 7th 8 by the following vote, to-wit: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: COUNCIL MEMBERS Reilly, Hernandez, Quiel, Frazier, Strickler NAYS: ABSENT: None Council Members Estrada, Marks #.pi'~~~ .-cl ty C er The foregoing resolution is hereby approved this //cL day of , 1986. April ~~4y-q:.~fM Approved as to form: ~;f1J~ City Attorney