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..I""t. _ REQ- -^"'T FORFiCleOUNo. NC14,410L-70 ::<<ON.
CI...,' OF SAN BERNARDICb UIID ",,0.11
From:
ROGER G. HARDGRAVE, Direc'9f!'t"D.SmlJi O~~solution Ordering Work;
. 'Assess. Distr. No. 989;
Public Works/Engineering 1989 JtJH 28 PH 4: IAMill and Macy Area Landscaping
l Sewer Lift Stat Maint, Dist)
Dept:
Date:
June 26, 1989
Synopsis of Previous Council ection:
6-19-89 --- Adopted Resolution of Intention,
Recommended motion:
Adopt Resolution.
cc:
Marshall Julian, City Administrator
Andrew Green, Director of Finance
James Penman, City Attorney
James Richardson, Dep.City Adm.Dev.
@
Contact person:
V~rn~ N::II if",. II
Phone:
J8~-6921i
Supporting data attached:
Staff Rppnrt, Map
Ward:
3
FUNDING REQUIREMENTS:
Amount: ~? nno. 00
Source: (Acct. No.)
2S1-662-53P25 (Tax 8ill ~ssessMeRts)
(Acct. Descriotionl
,.SE8U~. ~.a9
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Finance:
Council Notes:
75-0262
Agenda Item NO~
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. CI-RAOF SAN BERNARDIQ) - REQUAT FOR COUNCIL ~ON
STAFF REPORT
On June 19, 1989, the Resolution of Intention was adopted which declared
the City's intention to proceed with the establishment of a landscaping
and sewer 11ft station maintenance district in the Mill and Macy Street
area. This district is a requirement of the developer and will pick up
the required maintenance once the landscaping and sewer lift station have
been been installed and the one year plant and equipment quarantee period
has expired.
Due to the fact of 100S participation, notice and hearing was not
necessary (Section 12,90,040C(5) Municipal Code) and this Resolution is
the next formal step in the proceedings,
6-26-89
75-0264
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE PROPOSED MAINTENANCE OF LANDSCAPING AND A SEWER LIFT
STATION IN THE AREA OF MILL AND MACY STREETS, CREATING AN
ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE,
KNOWN AS ASSESSMENT DISTRICT NO. 989, 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 Bernardi no have prel i mi nari ly found that the publ i c
interest, convenience, and necessity require the maintenance
of 1 andscapi ng in a porti on of the Ci ty, as more full y
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 to carry the burden of the
proposed assessments to pay the costs and expenses thereof;
and
WHEREAS, the Mayor and Common Council of the Ci ty of
San Bernardino have, on the 19th of June, 1989, passed and
adopted Resolution No, 89-215 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A
LANDSCAPING AND SEWER LIFT STATION MAINTENANCE
ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO
PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO, 989 AND WAIVING
NOTICE AND HEARING.
which said resolution indicated that the City elected to
proceed without Notice and Hearing pursuant to Section
6-26-89
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RESOLUTION CREATING AD989
12.90.040C(5l of the Municipal Code as the request represented
100S of the property owners liable to be assessed for the
maintenance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
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
Ci ty of San BerJ'lardi no hereby declares by not less than a
4/5ths vote as defined in Section 12.90.040D of the San
Bernardino Municipal Code, that the pUblic interest,
convenience, and necessity requires and hereby order., the
formation of Assessment District No. 989; the work described
in said Resolution No. 89-215 to be done in portions of the
South side of Mill Street between Macy Street and a point
approximately 950 feet West thereof together with the
maintenance of a sewer lift station located near the South
line of Tract No. 13457 at Macy Street 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 Noti ce 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
speci fi ca ti ons on fl1 e and to publ1 sh a Noti ce Invi ti ng such
proposals for at least two days in the San Bernardino Sun, a
newspaper published and circulated in said City,
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RESOLUTION CREATING AD989
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 sa i d work shall be done under hi s di recti on and sha 11
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 4. Reference hereby is made to said
Reso1 ution No, 89-215 for a description of the wor.k. the
extent of the assessment district. the financing alternatives
and for further particulars.
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RESOLUTION CREATING AD989
1 I HEREBY CERTIFY that the foregoing resolution was
2 . duly adopted by the Mayor and Common Council of the Ci ty of
San Bernardino at a
meeting thereof, held on
, 1989, by the
the
day of
following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
Ci ty Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
W.R, "Bob" Holcomb, Mayor.
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
Ci ty Attorney
6-26-89
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