HomeMy WebLinkAbout1989-214
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RE SOL UTION NO.
89-214
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
3 THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF RIALTO
AND MACY STREETS, CREATING AN ASSESSMENT DISTRICT TO COVER THE
4 COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO.
986, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT,
5 INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY.
6 WHEREAS, the Mayor and Common Council of the City of
7 San Bernardino have preliminarily found that the public
8 interest, convenience, and necessity require the maintenance
9 of landscaping in a portion of the City, as more fully
10 herei nafter descri bed, and the appurtenances and appurtenant
11 work and incidental costs and expenses in connection
12 therewith, that the project is feasible, and that the lands
13 to be assessed wi 11 be able to carry the burden of the
14 proposed assessments to pay the costs and expenses thereof;
15 and
16 WHEREAS, the Mayor and Common Council of the City of
17 San Bernardino have, on the 15th of May, 1989, passed and
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adopted Resolution No. 89-143 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT: DECLARING
ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 953
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(5) of the Municipal Code as the request represented
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RESOLUTION CREATING AD986
100% of the property owners liable to be assessed for the
mai ntenance.
NOW, THEREFORE, 8E IT RESOLVED 8Y 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
4/5ths 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. 986; the work described
in said Resolution No. 89-143 to be done in portions of
Rialto Avenue between the West line of Tract No. 13532 and the
East line of Tract No. 14235 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 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 3. The contract will be awarded pursuant
to the standard procedures used by the City in the award of
Public Works contracts and the work ordered hereunder shall be
-19-89
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RESOLUTION CREATING AD986
to the satisfaction 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 work, the City Engineer shall, and he
hereby is directed to make the assessment.
SECTION 4. Reference hereby is made to said
Resolution No. 89-143 for a description of the work, the
extent of the assessment district, the financing alternatives
and for further particulars.
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5-19-89
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RESOLUTION CREATING AD986
1 I HEREBY CERTIFY that the foregoing resolution was
2 duly adopted by the Mayor and Common Council of the Ci ty of
3 San Bernardino at a
4 the
19th
5 following vote, to wit:
regular
meeting thereof, held on
day of
June
, 1989, by the
AYE S: Co uncil Membe r s Estrada. Reillv. Flores.
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NA YS:
ABSENT:
Maudsley, Minor, Pope-Ludlam, Miller
None
None
The foregoing
Lu? ~/
Approved as to form
and legal content:
James F. Penman,
Ci ty Attornq
By: ~~ J.~
U
5-19-89
day of
~C-"
/ C1' ~~
resol ut on ~~/ap~o1:d
this
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