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HomeMy WebLinkAbout1987-439 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 1.~ 08-87 RESOLUTION NO. 87-439 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 GIFFORD AND CENTRAL AVENUES, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASS E S S ~1 E N T D 1ST R I C T NO. 9 8 4 ,OR D E R I N G THE W 0 R K AND T HAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. WHEREAS, the Mayor and Common Council of the City of San Bernardi no have prel i mi nari ly found that the publ ic interest, convenience and necessity require the maintenance of landscaping in a portion of the City, as more fully herei na fter descri bed, 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 16th of November, 1987, passed and adopted Resolution No. 87-411 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.984 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 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 2~ -08-87 100% 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 4/5th 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. 984; the work described in said Resolution No. 87-411 to be done in portions of Central Avenue and Gifford Avenue, and the retention basin within portion of Parcel 1, within the boundaries of Parcel Map No. 7405 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 2 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 2 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. 87-411 for a description of the work, the extent of the assessment district, the financing alternatives and for further particulars. * * * * * * * * * * -08-87 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1~ 08-87 1 I HEREBY CERTIFY that the foregoing resolution was 2 duly adopted by the Mayor and Common Council of the City of 3 4 San Bernardino at a meeting thereof, held on regular 21st the day of December , 19~, by the 5 following vote, to wit: AYES; COUNCIL r~EMBERS Estrada, Reilly, Flores, Maudsley, Minor, Miller NAY S : None A B S E NT: Council Member Pope-Ludlam -4rf'41?~~ / 1 ty e r The foregoing resolution is hereby approved this P/t{,\ day 0 f 1) 2,{~.Q/""~~~ ' 1 9 ~/l . /~:o (, ; ~ J /"<# '\ / \. /L;:!A/~. 'v l-t.//f..J/ / /v,L..-c:--?/7" Ma~or of tKe City' of San Ber~ardino Approved as to form and legal content: /} / / \ ,I 4