HomeMy WebLinkAbout05-Public Works
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clPv OF SAN BERNARD.O -
___ File No. 14.40-20 __
REQU-.- FOR COUNCIL ACTION
From:
ROGER G. HARDGRAVE
P b 1, W k / E' . REC'D. - AWif.tlrFF
u 1C or s ng1neer1ng .
June 17, 1985 1985 JUN20 M!10:2/j
Protest Hearing and Reso-
lution Ordering Work:
Assessment District No. 956
Dept:
Date:
Synopsis of Previous Council action:
6-3-85 -- Adopted Resolution of Intention
Recommended motion:
That the protests, if any, be overruled, the hearing be closed,
and find and determine that pUblic convenience and necessity
require the proposed maintenance of landscaping in the Carnegie
Drive area, and that the Special Assessment, Investigation and
Limitation Act of 1931 shall not apply. (6/7 roll call vote is
required)
Adopt the Resolution
cc: John Matzer Jr., City Administrator
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'Signature
Contact person:
Verne Nadeau
Phone:
5026
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Supporting data attached:
Yes
Ward:
Finance:
Assessments
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FUNDING REQUIREMENTS:
Amount: $117, 382 . 00
Source:
Council Notes:
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75.0262
Agenda Item No.
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C"V OF SAN BERNARDlo - REQUaT FOR COUNCIL AC&N
STAFF REPORT
Hear protests, if any, and adopt the Resolution Ordering Work in
the area of Carnegie Drive.
This is a result of a requirement of the subdivision and a re-
quest from the owner-developers of the Park Centre development.
On June 3, 1985, the Resolution of Intention was passed, which
set up the protest hearing date of July 1, 1985. As required by
Chapter 12.90 of the Municipal Code, the portions of the streets
within the proposed district were posted by the Real Property
Section on June 12, 1985; a notice of improvement was mailed to
each of the property owners in the proposed district; and on June
12, 1985, the Resolution of Intention was published in the Sun
Newspaper. To date, we have received no protests.
The Resolution Ordering the work is attached for your action.
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75-0264
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RESOLUTI ON NO.
A RESOLUTIO~ 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 CARNEGIE DRIVE, CREATING AN ASSESSMENT DISTRICT TO COYER
THE COSTS OF SAID MAINTENANCE, K~OWN AS ASSESSMENT DISTRICT
NO. 956, 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 Bernardin~have preliminarily found that the public
interest, convenience and necessity require the maintenance
of landscaping in a portion of the City, as more fully here-
inafter described,
and the appurtenances and appurtenant work
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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; an~
WHEREAS, the Mayor and Common Council of the City of
San Bernardino have, on the 3rd day of June, 1985, passed and
adopted Resolution No. 85-198 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINIJiG THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE FOR-
MATION OF A LANDSCAPING MAINTENANCE
ASSESSMENT DISTRICT: DECLARING ITS INTENTION
TO PROCEED TO ORDER HORK WITHIN THE DISTRICT,
TO BE KNOHN AS ASSESSMENT DISTRICT NO. 956
AND SETTING AND DIRECTING PUBLICATION OF
NOTICE OF A TIME AND DATE OF A PUBLIC
HEARING.
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-
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posed di s tri ct,
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the work to be done or the extent of the
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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 recftals herein, and the Hayor and
Common Councfl, having heard and considered any and all comments
recefved 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 Hayor and Common Councfl 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 Hunicipal
Code, that the public interest, convenience and necessity requires
and hereby orders, the formation of Assessment District /lo. 956;
the work descri bed in sa i d Resol uti on No. 85-198 to be done in
portfons of the parkways and relative median strips of Vanderbilt
Way between ~/a terman Aven ue and Carnegi e Dri ve; the enti re ty of
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Carnegie Drive; Harriman Place between Hospital ity Lane and its
Easterly terminus; Hospital ity Lane between Waterman Avenue and
Tippecanoe Avenue; Brier Drive between Carnegie Drive and
Tippecanoe Avenue, Waterman Avenue between the San Timoteo Creek
,and a point approximately 400 feet North of Vanderbi 1 t Way;
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iTfppecanoe Avenue between Brier Drive and a point approxime.tely
600 feet South of Hospi tal i ty Lane; areas adjacent to the South
Ibank of the Santa Ana River between Uaterman Avenue, Northerly to
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!the A.T. & S.F. Railroad right-of-way; areas on both sides of the
IGage Canal between the Interstate 10 Freeway and Brier Drive;
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areas adjacent to the North right-of-way of Interstate 10 Freeway
between the San T1 moteo Creek Channel and the Southerly pro I onga-
tion of Orchard Drive, 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
7. Notice for five days on or near the door of 'the Council Chambers
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of the City Hall inviting sealed proposals or bids for doing the
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work ordered and referring to the specifications on file and to
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publish a Notice Inviting such proposals for at least two days in
the San Bernardino Sun, a newspaper pUblished and circulated in
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said City.
SECTION 4. The contract wi 11 be awarded pursuant to the
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14 standard procedures used by the Ci ty in the award of Publ ic Horks
15 contracts and the work ordered hereunder shall be to the satis-
16 faction of the City Engineer of said City, and all of said work
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specifications prepared by him, and upon the completion of said
,work, the City Engineer shall, and he hereby is directed to make I
Ithe assessment. I
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iNo. 85-198 a description of the work, the extent of the assessment I
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;!district, the financing al ternatives and for further particulars. ;
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SECTION 5.
Reference hereby is made to said Resolution
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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
the
day of
19_,
by the
,
following vote, to wit:
AYES:
COUNCIL MEMBERS
NAYS:
ABSENT:
City Cleric.
The foregoing resolution is hereby approved this
day of
,19_,
Mayor of the C1ty of San Bernardlno
Approved as to form:
~k~~~
~,ty A torney
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