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HomeMy WebLinkAbout1987-387 1 2 RESOLUTION NO. 87-387 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING 3 AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA 4 OF IRV INGTON AND OLIVE AVENUES, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS 5 ASSESSMENT DISTRICT NO. 969, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIM ITATION ACT OF 1931 6 SHALL NOT APPLY. 7 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 hereinafter described, and the appurtenances and appurtenant 12 work and incidental costs and expenses in connection 13 therewith, that the project is feasible, and that the lands 14 to be assessed wi 11 be able to carry the burden of the 15 proposed assessments to pay the costs and expenses thereof; 16 and 17 WHEREAS, the Mayor and Common Council of the City of 18 San Bernardino have, on the 5th of October, 1987, passed and 19 adopted Resolution No. 87-363 entitled: 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT: DECLAR ING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICTNO. 969 AND WAIVING NOTICE AND HEARING. which said resolution indicated that the City elected to proceed without Notice and Hearing pursuant to Section 12.9D.D40CI51 of the Municipal Code as the request represented 10-20-87 , " 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 28 100% of the property owners liable to be assessed for the maintenance. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the pUblic convenience and necessity require, and the Mayor and Common Council of the City of San Bernardino hereby declares by not less than a 4/5th vote as defined in Section 12.90.040D of the San Bernardino Municipal Code, that the pUblic interest, convenience and necessity requires and hereby orders, the formation of Assessment District No. 969; the work described in said Resolution No. 87-363 to be done in portions of the South side of Irvington Avenue between the East line of Tract No. 10184 and the West 1 ine of Tract 10181 and in portions of the East side of Olive Avenue between the North line of the Cable Creek Channel and a point approximately 270 feet North thereof 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 inviting sealed proposals or bids when necessary for doin9 the work ordered and referrin9 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. 10-20-87 2 - I SECTION 3. The contract will be awarded pursuant 2 to the standard procedures used by the City in the award of 3 Public Works contracts and the work ordered hereunder shall be 4 to the satisfaction of the City Engineer of said City, and all 5 of said work shall be done under his direction and shall 6 comply with the specifications prepared by him, and upon the 7 completion of said work, the City Engineer shall, and he 8 hereby is directed to make the assessment. 9 SECTION 4. Reference hereby is made to said 10 Resolution No. 87-363 for a description of the work, the 11 extent of the assessment district, the financing alternatives 12 and for further particulars. 13 * * * * * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10-20-87 3 , " . , 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 - I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the Ci ty of San Bernardino at a meeting thereof, held on regular the day of , 19E-, by the 2nd November following vote, to wit: AYES; COUNCIL MEMBERS Estrada, Reilly, Flores, Maudsley, Minor, Miller NA YS: None ABSENT: Council Member Pope-Ludlam The foregoing resolution is hereby approved this -<jd../ day of no Approved as to form and legal content: g~~ Ci1: Attorney 10- 20-87 4