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HomeMy WebLinkAbout1986-137 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 RESOLUTION NO. 86-137 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED CONSTRUCTION OF STREET IMPROVEMENTS IN THE AREA OF DALEY CANYON ROAD, EAST OF CHIQUITA LANE, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID CONSTRUCTION, KNOWN AS ASSESSMENT DISTRICT NO. 966, 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 construction of Portland Cement concrete curbs, gutters and driveway approaches, asphalt concrete paving, berms and appurtenant facilities 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 tha t 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 ha ve , on the 3rd day of February, 1986, passed and adopted Resolution No. 86-34 entitled: RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A STREET IMPROVEMENT ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 966 AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. IIII 1 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 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 pro- posed 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 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 4/5th 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. 966; the work described in said Resolution No. 86-34 to be done in portions of Daley Canyon Road between the West side of Chiquita lane and a point approximately 620 feet East thereof, 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 2 1 for doing the work ordered and referring to the specifications 2 on file and to publish a Notice Inviting such proposals for at 3 least two days in the San Bernardino Sun. a newspaper pub- 4 lished and circulated in said City. 5 SECTION 4. The contract will be awarded pursuant 6 to the standard procedures used by the City in the award of 7 8 9 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 10 comply with the specifications prepared by him. and upon the 11 completion of said work. the City Engineer shall. and he 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hereby is directed to make the assessment. SECTION Reference hereby is made to said 5. Resolution No. 86-34 a description of the work. the extent of the assessment district. the financing alternatives and for further particulars. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof. held on reqular the day of 19~. by the 21st April following vote. to wit: AYES: COUNCIL MEMBERS Estrada, Reillv. Hernandez Marks, Quiel, Frazier. Strickler NAYS: ABSENT: None None ~~~ ,/ Clty C erk 3 1 The foregoing resolution is hereby approved this 2 ~~~, day of 3 4 5 6 Approved as to form: 7 ~#fJ~ 8 C1ty Attorney 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1no 4