HomeMy WebLinkAbout1986-321
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RESOLUTION NO. 86-321
A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING
AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF
RIALTO AVENUE, GENERALLY BETWEEN EUCALYPTUS AND PEPPER
AVENUES, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF
SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 974,
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 wi 11 be able to carry the
burden of the
proposed
assessments to pay the costs and expenses thereof;
and
WHEREAS, the ~1ayor and Common Cou'nci1 of the City of
San Bernardino have, on the 7th day of July, 1986, passed and
adopted Resolution No. 86-263 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMI-
NARILY DETERMTNJNG 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. 974
AND WAIVING NOTICE AND HEARING.
24 which said resolution indicated that the City elected to
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without Notice and Hearing pursuant to Section
proceed
26 12.90.040C(5) of the Municipal Code.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND
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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 th~ 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. 974; the work described
in said Resolut;on No. 86-263 to be done in portions of the
South side of R;alto Avenue, between a point approximately 525
feet East of the centerline of Eucalyptus Avenue and a point
approximately 256 feet West of the centerline of Pepper
Avenue, 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
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
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completion of said work, the City Engineer s ha 11 , and he
hereby i s directed to make the assessment.
SECTION 4. Reference hereby i s made to said
Resolution No. 86-263 for a description of the work, the
ex te n t of the assessment district, the financing alternatives
6 and for further particulars.
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I HEREBY CERTIFY that the foregoing resolution was
8 duly adopted by the Mayor and Common Council of the City of
9 San Bernardino at a
reqular
meeting thereof, held on
10 the
day of
Aguus1;
19~, by the
4th
11 following vote, to wit:
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AYES:
COUNCIL MEMBERS
Estrada, Reilly, Hernandez,
Marks, Frazier, Strickler
NAYS:
None
ABSENT:
Council Hernber Quiel
, 4~
4t?////~:~ ~m~
/C i t Y C 1 e r k
5th
The foregoing resolution is hereby approved this
day of August ~~ , 19 86 .
I -
7/-> (/' ~~).../7,-,
Mayt~ ~~"e~ft: o(<C~~~~ no
Approved as to form:
~~JS~~::
City A'ttorney
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