HomeMy WebLinkAbout1989-279
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RESOLUTION NO.
89-279
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A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE PROPOSED MAINTENANCE OF LANDSCAPING AND A SEWER LIFT
STATION IN THE AREA OF MILL AND MACY STREETS, CREATING AN
ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE,
KNOWN AS ASSESSMENT DISTRICT NO. 989, 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 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 19th of June, 1989, passed and
adopted Resolution No. 89-215 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A
LANDSCAPING AND SEWER LIFT STATION MAINTENANCE
ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO
PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 989 AND WAIVING
NOTICE AND HEARING.
which said resolution indicated that the City elected to
proceed without Notice and Hearing pursuant to Section
28 6 - 2 6 - 8 9
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RESOLUTION CREATING AD989
12.90.040C(5) of the Municipal Code as the request represented
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
4/5ths vote as defined in Section 12.90.0400 of the San
Bernardino Municipal Code, that the public interest,
convenience, and necessity requires and hereby orders, the
formation of Assessment District No. 989; the work described
ins aid Res 0 1 uti 0 n No. 8 9 - 2 1 5 t 0 bed 0 n e i n p 0 r t i 0, n s 0 f the
South side of Mill Street between Macy Street and a point
approximately 950 feet West thereof together with the
maintenance of a sewer lift station located near the South
line of Tract No. 13457 at Macy Street as provided in said
Resol uti on and tha t the Speci a 1 Assessment, Investi ga ti on 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.
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28 6- 26-89
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RESOLUTION CREATING AD989
SECTION 3. The contract wi 11 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.
SECTION 4. Reference hereby is made to said
Resolution No. 89-215 for a description of the work, the
extent of the assessment district, the financing alternatives
and for further particulars.
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6-26-89
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RESOLUTION CREATING AD989
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
the __17th
following vote. to wit:
reqular
meeting thereof. held on
day of
_,JJU~_".-
. 1989. by the
AYES: Council Members Estrada, Reilly, Flores
Maudsley, Minor
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NAYS: None
ABSENT:Council Members Pope-Ludlam, Miller
The foregoing
/rcL~
day of
Approved as to form
and legal content:
James F. Penman.
City Attorney
6- 26-89
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./ 1 ty C e r k
hereby approved this
89.
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