HomeMy WebLinkAbout1981-482
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RESOLUTION NO. 81-482
A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING
THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED IMPROVEMENTS
AND MAINTENANCE IN THE WAGONWHEEL ROAD AREA, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID IMPROVEMENTS AND MAINTENANCE, 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 installation of improvements providing for land-
scaping facilities and a bus stop shelter and for 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 17th day of August, 1981, passed and adopted Resolution No.
81-360 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE FORMATION OF A LANDSCAPING AND MAINTENANCE
ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO PROCEED
TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS THE
"WAGONWHEEL ROAD AREA LANDSCAPING AND MAINTENANCE DISTRICT,"
AND SEETING 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 Ordinance No.
3963; 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, THERE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That a full and fair public hearing having been 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 6/7ths vote that the public interest, con-
venience and necessity requires and hereby orders, the formation of
the Wagonwhee1 Road Area Landscaping and Maintenance District; the
work described in said Resolution 81-360 to be done and that the
Special Assessment, Investigation and Limitation Act of 1931 shall not
apply. The boundaries of the assessment district are described as
follows:
Beginning at the intersection of the Southeasterly line
of the San Bernardino County Flood Control District's
Devi1's Canyon Diversion Channel and the centerline of
Kendall Drive; thence Southwesterly along said South-
easterly 1 ine to the Northeasterly right of way 1 ine
of Interstate Highway 15E; thence Northwesterly along
said right of way line to its intersection with the
Southwesterly line of said Kendall Drive; thence North-
easterly at right angles to said Southwesterly line to
the centerline of said Kendall Drive; thence Northeasterly
at right angles to said Southwesterly line to the center-
line of said Kendall Drive; thence Southeasterly along
said centerline to the Point of Beginning.
SECTION 3. That pursuant to the provisions of Ordinance No. 3963,
the City Engineer hereby is directed to cause a Notice inviting sealed
proposals or bids for doing the work ordered.
SECTION 4. That 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 specifi-
cations prepared by him, and upon the completion of said work, the
City Engineer shall, and he hereby is directed to make the assessment.
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SECTION 5. Reference hereby is made to said Resolution No. 81-360
2 for a description of the work, the extent of the assessment district,
3 the financing alternatives and for further particulars.
4 SECTION 6. The City Clerk of the City of San Bernardino shall
5 cause a certified copy of this resolution be recorded in the office
6 of the County Recorder of the County of San Bernardino.
7 I HEREBY CERTIFY that the foregoing resolution was duly adopted
8 by the Mayor and Common Council of the City of San Bernardino at an
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adjourned regular meeting thereof, hel d on the 5th
day
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of
October
, 1981, by the following vote, to wit:
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AYES: Councilmen: Castaneda , Reilly, Hernandez,
Botts. Hobbs. Strickler
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NAYS:
ABSENT:
Council Member Hudson
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None
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s~ff(k?'~ Clerk
The foregoing resolution is hereby approved this
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of
o"tnhp.r
, 1981.
day
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Approved as to form:
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~f")~~'r~
Clty At orney
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