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HomeMy WebLinkAbout16-Public Works From: Fi. No. 14.40-47 :;11Y OF SAN BERNARDINO - REQUEST FOR COUNCIL A~7!~- /. R ~ C' D . - I~-::: ~~j~ F . Res 0 1 uti 0 nOr d e r i n g W 0 r k 1"'''-' Ii ~" ~l..... r '1~) D i s t r i c t No. 975 r~ ill Publ ic Works/Engineerirt;~'J tJtl, ,-,) I:! v: L.:.. and Pepper Landscape Maintenance District ROGER G. HARDGRAVE Dept: Date: December 19. 1986 Synopsis of Previous Council action: 12/08/86 -- Resolution of Intention was adopted. Recommen~ed motion: Adopt the Resolution. cc: Ray Schweitzer, Acting City Administrator Ralph Prince, City Attorney Contact person: V ern e N a d e a u Phone: 5026 Yes Ward: 3 Supporting data attached: FUNDING REQUIREMENTS: Amount: $4.000.00 Developer in deposit account #251-649-53925 Sou rce: U p - fro n t m 0 n i e s fro m Finance:-tJ..... - C~ ~ Council Notes: 75.0262 Agenda Item No. II,. , 1 :11 _ OF SAN BERNARDIl ) - REQUE. T FOR COUNCIL AC\. ..ON STAFF REPORT On December 8, 1986, Resolution No. 86-501 was adopted which declared the City.s intention to proceed with the establishment of a landscaping maintenance district in the area of Pepper Avenue and Mill Street. This district is a requirement of the developer and will pick up the required maintenance once the landscaping has been installed. Due to the fact of 100% 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. 2 12/19/86 75-0264 II !~ 4ft 0 IAJ ~z CL.~ ~C5 c~ . 0:: U a: u<t ;t; .:;~ CO ~ lLJ ..J CD ..J IAJ ~Z :Ju <t :I ~ i(J) '2z IlL. e~ ~o a:~ f>- ~c III t- CL. 2 Ou ~ ~ en 0 z (L > <( ~ r 0:: c z ... <( II: 0 0 I~ z ;1 :) Z ~ 0 a:>- I&I~ m G1Z z5 CU '" o ~ ~i i . I.LJ 0 a: _ c ~ ~ 51 (Len oCS i 0:: (L~ i. z I.LJ ~ .. en ~ .. en . 0 I.LJ en en <( l nlll ,;0' . I ~M~o4;J.1iiC J.~.l.uI1G l . ~ . l..- ~ c a '" & .. r . .. I c . ~ .. I . -! ;: c .. '" .. . .. ~ .. I .. '" ii . .. . .. II . 0 c a ; I I .. .. i .. 0 . Ii ...i .... o~ ~ . 12/ 19 / 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 12/19/86 27 2R I \ \ 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 IN THE AREA OF PEPPER AVENUE AND MILL STREET, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 975, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHAL~ 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 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 City of San Bernardino have, on the 8th day of December, 1986, passed and adopted Resolution No. 86-501 entitled: RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMI- NARILY DETERMINING 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. 975 AND WAIVING NOTICE AND HEARING. which said resolution indicated that the City elected to proceed without Notice and Hearing pursuant to Section 12.90.040C(5) of the Municipal Code as the request represented 100% of the property owners liable to be assessed for the maintenance. 1 1 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 2 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 3 SECTION 1. That the public convenience and necessity 4 require, and the Mayor and Common Council of the City of San 5 Bernardino hereby declares by not less than a 4/5th vote as 6 defined in Section 12.90.0400 of the San Bernardino Municipal 7 Code, that the public interest, convenience and necessity 8 requires and hereby orders, the formation of Assessment 9 District No. 975; the work described in said Resolution No. 86- 10 501 to be done in portions of the Northerly parkway of Mill 1] Street along the South boundaries of Tract No. 13160; in the ]2 Southerly parkway of Mill Street between Pepper and Eucalyptus ]3 Avenues; in the Westerly parkway of Pepper Avenue between the 14 North boundary of Tract No. 13160 and the North boundary of ]5 Tract No. 11882; in the Easterly parkway of Eucalyptus Avenue 16 between Mill Street and the North boundary of Tract No. 11882 ]7 as provided in said Resolution and that the Special Assessment, ]8 Investigation and Limitation Act of 1931 shall not apply. 19 SECTION 2. The City Clerk hereby is directed to post 20 a Not ice for f i ve day son 0 r n ear the door 0 f the C 0 u n c i 1 2] Chambers of the City Hall inviting sealed proposals or bids 22 w hen nee e s s a r y for do i n g the w 0 r k 0 r de red and ref err i n g tot h e 23 s p e ci fie a t ion son f i 1 e and top U b 1 ish a nn tic e in v i tin g sue h 24 proposals for at least two days in the San Bernardino Sun, a 25 new spa per pub 1 ish e d and c ire u 1 ate din sa i d C i t y . /' r':; /:/,~ '~;r ,: '-' ! 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 .. 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 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 Resolution No. 86-501 for 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 meeting thereof, held on the day of 19 by the following vote, to wit: 17 18 19 20 21 22 23 24 COUNCIL MEMBERS AYES: NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this 25 day of 19 26 27 28 Mayor of the City or San Bernardino /'~ / w ! 3 ~ 1 2 ~! 4 [) I 6 7 8 10 11 12 13 14 15\ 16 17 18 19 20 21 22 23 I I, 24'1 25 26 I 27 28 Approved as to form: ,_to. /r" " , ,,'" () . Ci t y A t tor n e y 9 - 4