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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.
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12/19/86
75-0264
II
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12/ 19 /
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12/19/86 27
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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 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.
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1 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
2 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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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.
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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 .
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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
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by the
following vote, to wit:
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COUNCIL MEMBERS
AYES:
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
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day of
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Mayor of the City or San Bernardino
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Approved as to form:
,_to.
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Ci t y A t tor n e y
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