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HomeMy WebLinkAbout1986-247 1 2 3 4 5 6 7 8 RESOLUTION NO. 86-247 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED CONSTRUCTION OF TRAFFIC SIGNALS AND APPURTENANT FACILITIES IN THE AREA OF UNIVERSITY PARKWAY AND HALLMARK PARKWAY, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID CONSTRUCTION, KNOWN AS ASSESSMENT DISTRICT NO. 973, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY. WHEREAS, the ~1ayor and Common Council of the City of 9 San Bernardino have preliminarily found that the public 10 interest, convenience and necessity require the construction 11 12 13 14 15 and installation of traffic signals 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 that the lands to be assessed will be able 16 to carry the burden of the proposed assessments to pay the 17 18 costs and expenses thereof; and WHEREAS, the Mayor and Common Council of the City of 19 San Bernardino have, on the 19th day of May, 1986, passed and 20 21 22 23 24 25 26 27 28 adopted Resolution No. 86-182 entitled: RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A SIGNALIZATION CONSTRUCTION ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 973 AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. IIII IIII 1 1 which said resolution duly and legally was published and 2 notice of improvement has been given in the manner required by 3 Chapter 12.90 of the San Bernardino Municipal Code; and 4 written objections and protests to the formation of the pro- 5 posed district, the work to be done or the extent of the 6 district to be assessed were heard and considered. 7 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 8 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. That a full and fair public hearing 10 having been held, as stated in the recitals herein, and the 11 Mayor and Common Council, having heard and considered any and 12 all comments received thereon and being fully advised in the 13 premises, hereby overrules any and all protests received. 14 SECTION 2. That the public convenience and 15 necessity require, and the Mayor and Common Council of the 16 City of San Bernardino hereby declares b~ not less than a 17 4/5th vote as defined in Section 12.90.040D of the San 18 Bernardino Municipal Code, that the public interest, 19 convenience and necessity requires and hereby orders, the 20 formation of Assessment District No. 973; the work described 21 in said Resolution No. 86-182 to be done in portions of 22 University Parkway and Hallmark Parkway, as provided in said 23 Resolution and that the Special Assessment, Investigation and 24 Limitation Act of 1931 shall not apply. 25 SECTION 3. The City Clerk hereby is directed to 26 post a Notice for five days on or near the door of the Council 27 Chambers of the City Hall inviting sealed proposals or bids 28 2 19 20 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 hereby is directed to make the assessment. 13 SECTION Reference hereby is made to said 5. 14 Resolution No. 86-182 a description of the work, the extent of 15 the assessment district, the financing alternatives and for 16 further particulars. 17 I HEREBY CERTIFY that the foregoing resolution was 18 duly adopted by the Mayor and Common Council of the City of San Bernardino at a re9ular meeting thereof, held on the day of Jqne 19~, by the 16th 21 following vote, to wit: 22 23 24 25 26 27 28 AYES: COUNCIL MEMBERS Estrnnn RAjlly, HArnnnn~z, Ouipl, Frn'7.iAr ~trirklpr NAYS: Nnnp ABSENT: rnllnril M~mn~r M~rk~ A4g/Z'~.(~~t/ /' City Clerk 3 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 The foregoing resolution is hereby approved this /7 -cl- , June , 19~ day of Approved as to form: ~~~r~ C1 Y At orney 4