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HomeMy WebLinkAbout1989-330 '. ,. 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 89-330 RESOLI1l'ION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF IMPROVEMENTS IN THE AREA OF VERDEMONT AVENUE AND OLIVE AVENUE CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 991, 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 San Bernardino have preliminarily found that the public interest, convenience, and necessity require the maintenance of landscaping in a 9 portion of the City, as more fully hereinafter described, and the 10 appurtenances and appurtenant work and incidental costs and expenses 11 12 13 14 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 15 Bernardino have, on the 17th of July, 1989, passed and adopted Resolution No. 89-253 entitled: RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY 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. 991 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 improvement 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, 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 07-27-89 RESOLUTION ORDERING WORK: LANDSCAPE MAINTENANCE ASSESSMENT DISTRICrNO.991 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 ~ 26 27 28 held, as stated in the recitals herein, and the Mayor and Common Council, having heard and considered any and all comments received thereon and being fully advised in the premises, hereby overrules any and all protests received. SECTION 2. 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 4j5ths 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. 991; the work described in said Resolution No. 89-253 to be done in portions of the South side of Verdemont Drive, the North and South sides of Garfield Avenue, and the North and South sides of Ohio Avenue, all between Palm avenue and Olive Avenue as provided in said Resolution and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply. SECTION 3. 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 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. 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 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. 07-27-89 2 .. . ~ , 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUT~ON ORDERING WORK: LANDSCAPE MAINTENANCE ASSESSMENT D~STRICTNO.991 1 SECTION 5. Reference hereby is made to said Resolution 2 No. 89-253 for a description of the work. the extent of the assessment 3 district. the financing alternatives and for further particulars. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 5 the Mayor and Common Council of the City of San Bernardino at a Regular meeting thereof held on the 21st day of August . 19~. by the following vote, to-wit: AYES: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: Estrada ~;/'?'?Hd1// / City Clerk The foregoing resolution is hereby approved this 24th day of August . 19~ M yor Pro Tempore For .. HOLCOMB, Mayor City of San Bernardi 0 Approved as to form and legal content: JAMES PENMAN. City Attorney By: ~ 9.~~ o 07-27-89 3 . - . 1 2 3 state of California County of San BErnardino City of San Bernardino ) ) SS ) I DO HEREBY CERTIFY that the foregoing Resolution No. is 4 a full, true and correct copy of that now on file in this office. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS THEREOF, I have hereunto set my hand and affixed the seal of the City of San Bernardino, this day of ,19_ City Clerk