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CITY OF SAN BERN. -RDINO - REQUEST FF,,,,R COUNCIL, ACTION
From:ROGER G. HARDGRAVE, Director Subject: Resolution Ordering Work: Landscape
Maintenance Assessment District No.
Dept: Public Works/Engineering 1012 - Mill/Burney Area
Date: December 8, 1993
Synopsis of Previous Council action:
12-06-93 --- Adopted Resolution of Intention - 93--432.
Recommended motion:
Adopt Resolution.
cc: Shauna Clark, City Administrator
C�
Barbara Pachon, Director of Finance at e
James F. Penman, City Attorney
Contact person: Anne DeBolt _ Phone: 5328
Supporting data attachedFtaff Report, Map Ward: 3
FUNDING REQUIREMENTS: Amount: 53,000.00
Source: (Acct. No.) 251-699-53925
(Acct. Description) Assessment District No. 1012
7
To be paid from money up-fronted by Developer Finance:
Council Notes:
75-0262 Agenda Item No._/
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CITY OF SAN BERNA `DINO - REQUEST F( 1 COUNCIL ACTION
STAFF REPORT
On December 6, 1993, the Resolution of Intention No. 93-432 was adopted which
declar�a the City's intention to proceed with the establishment of a landscaping
maintenance district in the Mill/Burney area. This district is a City require-
ment of the developer and the district will pick tip the required maintenance once
the landscaping has been installed and the one year plant guarantee period) has
expired.
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.
5-0264 12/08/93 2
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF IM-
P PROVEMENTS IN THE AREA OF MILL AND BURNEY STREETS, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DIS-
4 TRICT NO. 1012, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTI-
GATION AND LIMITATION ACT OF 1931 DOES NOT APPLY.
5
6 WHEREAS, the Mayor and Common Council of the Citv of San Bernardi-
7 no have preliminarily found that the public interest, convenience, and
8 necessity require the maintenance of landscaping in a portion of the City,
9 as more fully hereinafter described, and the appurtenances and appurtenant
10 work and incidental costs and expenses in connection therewith, that the
11 project is feasible, and that the lands to be assessed will be able to
12 carry the burden of the proposed assessments to pay the costs and expenses
13 thereof; and
14 WHEREAS, the Mayor and Common Council of the City of San Bernardi-
15 no have, on the 6th of December, 1993, passed and adopted Resolution No.
16 93-432, entitled:
17 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LAND-
18 SCAPING MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE MILL/BURNEY AREA:
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
19 KNOWN AS ASSESSMENT DISTRICT NO. 1012, AND WAIVING NOTICE AND HEARING.
20 which said Resolution indicated that the City elected to proceed without
21 Notice and Hearing pursuant to Section 12.90.04OC(5) of the Municipal Code
22 as the request represented 100% of the property owners liable to be assessed
23 for the maintenance.
24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
25
26 SECTION 1. That the public convenience and necessity require, and
27 the Mayor and Common Council of the City of San Bernardino hereby declare
28 that the public interest, convenience, and necessity require and hereby
12/08/93 1
Rh6ULUIIUN URDhR1NU WURK: LAND6CAPE MAINIENANCE ASSESSMENI D161RIC1 NU. 1U12
1 order the formation of Assessment District No. 1012; the work described in
2 said Resolution No. 93-432, to be done in portions of the Mill and Burney
3 area as provided in said Resolution and that the Special Assessment, Inves-
4 tigation and Limitation Act. of 1931 does not apply.
5 SECTION 2. The City Clerk is hereby directed to post a Notice for
6 five days on or near the door of the Council Chambers of the City Hall
7 inviting sealed proposals or bids when necessary for doing the work ordered
8 and referring to the specifications on file and to publish a Notice Inviting
9 such proposals for at least two days in the San Bernardino Sun, a newspaper
lU published and circulated in said City.
11 SECTION 3. The contract will be awarded pursuant to the standard
12 procedures used by the City in the award of Public Works contracts and the
13 work ordered hereunder shall be to the satisfaction of the City Engineer of
14 said City, and all of said work shall be done under his direction and shall
15 comply with the specifications prepared by him, and upon the completion of
16 said work, the City Engineer shall , and he hereby is directed to make the
17 assessment.
18 SECTION 4. Reference hereby is made to said Resolution No. 93-432
19 for a description of the work, the extent of the assessment district, the
20 financing alternatives and for further particulars.
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12/08/93 2
RhbULU14UN URDERINU %URK: LANI)ti(,APE MAINIENANCL ASSESSMENT L)1,SCR1(:7 NU. 1U12
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
3 _ _ _ meeting thereof held on the day of
4 _ ____—__, 1994, by the following vote, to-wit:
5
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 NEGRETE —
8 CURLIN
9 HERNANDEZ --
10 OBERHELMAN
11 DEVLIN
12 POPE-LUDLAM
13 MILLER ---- -- -- -- ----- --- --
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15
Rachel Clark, City Clerk
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17 The foregoing resolution is hereby approved this _ day
18 Of ------- - — 1994.
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20 ----------
Ton( Minor, Mavor
21 City of San Bernardino
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24 Approved as to form
and legal content :
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26 James F. Penman,
City Attorney
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28 By
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