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HomeMy WebLinkAbout1989-323 .' 4.-,,', . 1 RESOLUTION NO. 89-323 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED 3 SECURITY AND MAINTENANCE IN THE AREA OF HIGHLAND AVENUE AND ARDEN AVENUE, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID 4 SECURITY AND MAINTENANCE KNOWN AS ASSESSMENT DISTRICT NO. 990, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT 5 OF 1931 SHALL NOT APPLY. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Mayor and Common Council of the City of San Bernardino have preliminarily found that the public interest, convenience, and necessity require the security and maintenance 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. 89-216 entitled: RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A SECURITY AND MAINTENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 990 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: SECURITY AND MAINTENANCE DISTRICT,~O. '990 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 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 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. 990; the work described in said Resolution No. 89-216 to be done in portions of the South side of Highland Avenue, all of 20th Street, and the North side of the alley South of 20th Street, all between Guthrie street and Arden Avenue, and the East side of Guthrie Street, all of Newcomb, McKinley and Dumbarton Streets, and the West side of Arden Avenue, all between Highland Avenue the East/West alley South of 20th Street, 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 07-27-89 2 J . .;. .. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . RESOLUTION ORDERING WORK: SECURIlY AND MAINTENANCE DISTRICT~~O. .990 1 upon the completion of said work, the City Engineer shall, and he 2 hereby is directed to make the assessment. 3 4 SECTION 5. Reference hereby is made to said Resolution No. 89-216 for a description of the work, the extent of the assessment 5 district, the financing alternatives and for further particulars. 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor Common Council of the City San Bernardino a at of and Regular meeting thereof held the of 21st day on August , 19~, by the following vote, to-wit: AYES: Council Members Reilly, Flores, Maudsley, Minor Pope-Ludlam, Miller NAYS: None ABSENT: Estrada ~n~-;~~~ / City Clerk The foregoing resolution is hereby approved this ~3~ day of /I ;,1._ .4 cl'/A/ar ,19?9 . Approved as to form and legal content: 07-27-89 3