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From:
· .. File No. 14.40-37 -J",/t
CITY OF SAN BERNARDINO -,.IlIiQUEST FOR cOUNC)Vtlc'ION
ROGER G. HARDGRAVE, Director
REC'D... AtM.......
Public Worls/Engineering
1986 fEB 20 PM 3: 57
Protest Hearing and Reso1utfon
Ordering Work: Assessment
Dfstrict No. 966
Dept:
February 18, 1986
Date:
Synopsis of Previous Council action:
2/3/86 -- Adopt Resolution of Intention
Recommended motion:
1. That the protests, if any, be overruled, the hearin9 be closed,
and find and determine that pUblic convenience and necessity
require the proposed roadway construction in Oa1ey Canyon Road
between the West side of Chiquita Lane and a point approximately
620 feet East thereof, and that the Specfa1 Assessment,
Investi9ation and Limitation Act of 1931 shall not apply. (4/5
roll call vote is required)
2. Adopt the Resolution.
cc:
J," M"", J,.. Ci'y ".i,i,""" ~~ ~____
Warren Knudson, Oirector - Finance ~ '-t~
Signature
Contact person:
Verne Nadeau
Phone:
5026
4
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS: Amount: $74,410.00
City Contr. Est. $21,126
Source: Acct. No. 254-000-30405
Finance:-,dJ.. 4' r ~
Council Notes:
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75-0262
Agenda Item No.
r
CI~ OF SAN BERNARD.O - REQ16T FOR COUNCIL A~ION
STAFF REPORT
Hear protests, if any, and adopt the Resolution Ordering Work
on Daley Canyon Road between the West si de of Chi qui ta lane and
a point approximately 620 feet East thereof.
On February 3, 1986, the Resolution of Intention was passed,
which set up the protest hearing date of March 3, 1986. 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 February 12, 1986; a notice of
improvement was mailed to each of the property owners in the
proposed district; and on February 12,1986, 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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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING
AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE PROPOSED CONSTRUCTION OF STREET IMPROVEMENTS IN
THE AREA OF DALEY CANYON ROAD, EAST OF CHIQUITA LANE, CREATING
AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID
CONSTRUCTION, KNOWN AS ASSESSMENT DISTRICT NO. 966, 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 Bernardino have preliminarily found that the public
interest, convenience and necessity require the construction
of Portland Cement concrete curbs. gutters and driveway
approaches, asphalt concrete paving and berms and appurtenant
facilities 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 tha t the lands to be assessed
will be able to carry the burden of the proposed
assessments to pay the co s ts and expenses thereof; and
WHEREAS, the ~'ayor and Common Council of the City of
San Bernardino have. on the 3rd day of February, 1986, pa sse d
and adopted Resolution No. 86-34 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE
FORMATION OF A STREET IMPROVEMENT ASSESSMENT
DISTRICT: DECLARING ITS INTENTION TO PROCEED
TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 966 AND
SETTING AND DIRECTING PUBLICATION OF NOTICE
OF A TIME AND DATE OF A PUBLIC HEARING.
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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-
posed district, the work to be done or the extent of the
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 recitals herein, and the
Mayor and Common Council, having heard and considered any and
all comments received 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 Mayor and Common Council of the
City of San Bernardino hereby declares by not less than a
4/Sth vote as defined in Section 12.90.040D of the San
Bernardino Municipal Code, that the public interest,
convenience and necessity requires and hereby orders, the
formation of Assessment District No. 966; the work described
in said Resolution No. 86-34 to be done in portions of Daley
Canyon Road between the West side of Chiquita Lane and a point
approximately 620 feet East 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 Notice for five days on or near the door of the Council
Chambers of the City Hall inviting sealed proposals or bids
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for doing the work ordered and referring to the specifications
on file and to publish a Notice Inviting such proposals for at
least two days in the San Bernardino Sun, a newspaper pUb-
lished and circulated in said City.
SECTION 4. 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 5. Reference hereby is made to said
Resolution No. 86-34 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 wi t:
AYES: COUNCIL MEMBERS
NAYS:
ABSENT:
City C 1 e r k
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The foregoing
day of
resolution is hereby approved this
.19_.
Approved as to form:
City Attorney
Mayor of the Clty of San BernardIno
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