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HomeMy WebLinkAbout1985-235 '. ~ I 2 RESOLUTION NO. 85-235 3 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY 4 REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING AND LIGHTING IN THE AREA OF THE MEDIAN STRIP OF AIRPORT DRIVE BETWEEN 5 COMMERCENTER EAST AND COMMERCENTER WEST. CREATING AN SSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE. 6 KNOWN AS ASSESSMENT DISTRICT NO. 968. ORDERING THE WORK AND HAT THE SPECIAL ASSESSMENT. INVESTIGATION AND LIMITATION ACT 7 F 1931 SHALL NOT APPLY. 8 WHEREAS. the Mayor and Common Council of the City of 9 an Bernardino have preliminarily found that the public 10 interest, convenience and necessity require the maintenance II f landscaping and lighting in a portion of the City. as more 12 ully hereinafter described, and the appurtenances and 13 ppurtena n t work and incidental costs and expenses in 14 onnection therewith. that the project is feasib-le. and that IS the lands to be assessed will be able to carry the burden of 16 the proposed 17 hereof; and assessments to pay the costs and expenses 18 WHEREAS. the Mayor and Common Council of the City of 19 an Bernardino have, on the 3rd day of June. 1985. passed and 20 dopted Resolution No. 85-197 entitled: 21 22 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMA- TION OF A LANDSCAPING AND LIGHTING MAIN- TENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 968 AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. 23 24 25 26 27 28 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 , which said resolution duly and legally was published an d not ice 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 di stri ct. the work to be done or the ex te n t 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. conveninece and necessity requires and hereby orders. the formation of Assessment District No. 968; the work described in said Resolution No. 85-197 to be done in portions of the median strip of Airport Drive between Commercenter East and Commercenter West and the administration 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 2 I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 , I . 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 propqsals for at least two days in the San Bernardino Sun, a newspaper pub- lished 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 upon the completion of said work, the City Engineer shall, and he hereby is directed to make the assessment. SECTION 5. Reference hereby is made to said Resolution No. 85-197 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 rAg'nli'lT meeting thereof, held on the 1st day of .1nly , 19...B.5.-., by the following vote, to wit: AYES: COUNCIL MEMBERS Estrada Hernande7. Marks Ouiel. Frazier. Strickler NAYS: ABSENT: None Council Member Reillv 3 ~ 'I I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 /~~~ The foregoing resolution is hereby approved this ,z-rJ day of .1nly . 19~. f!: ~AA~ ~fJ Mayor' of t Cf y 0 ~;j'/~ernardf no Approved as to form: ~i/t<d ~ C ty tt rney ~ 4