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CITY OF SAN BERNARDINO - RI:QUIEST
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Fil. No. 14.40-66
FOR COUNCI TION
Orom:
Dept:
Dete:
May 29, 1989
R 0 G E R .G. H A R D G RAVE, D ire c tor. Subite.f: 0 B.e sol uti 0 nOr d e r i n 9 W 0 r k ;
. . REC D.-AOM H.ft'Assess. Dfstr. No. 986;
Publ ic Works/Engineering P 2 3.l.Rfal to & Macy Area landscaping
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Synopsis of Previous Council action:
5-15-89
--- Adopted Resolution of Intention.
Racommended motion:
c:> Adopt Resolution.
cc: James Robbins, Acting City Administrator
Andrew Green, Director of Finance
Jim Penman, City Attorney
Jim Richardson, Dep.City Adm.Dev.
Contact person:
Vprnp Ni1rlpall
Phone:
313"--5026
Supporting data attached: Sta ff Report, ~lap
Ward:
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FUNDING. REQUI REMENTS:
Amount: $10,117"1 nn
Source: (Acct. No.1
?~1-661-~~0'~ (Tav Rill A"A~.m~n~s)
(Acct. DescriDtion)
AsseSS,~9S6
Finance: D,-
c:ouncil Notes:
75.0262
Agenda Item NO.JJ 6
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CITY OF SAN BER&DINO - REQUEST ~R COUNCIL ACTION
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STAFF REPORT
On May 15. 1989. the Resolution of Intention was adopted which declared
the City's intention to proceed with the establishment of a landscaping
maintenance district in the Rialto and Macy area. This district isa
requirement of the developer and will pick up the required maintenance
once the landscaping has been installed and the one year plant 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.
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMI~ING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE PROPOSED MAINTENANCE OF LANDSCAPING IN THE AREA OF RIALTO
AND MACY STREETS, CREATING AN ASSESSMENT DISTRICT TO cnVER THE
COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO.
986, 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
8 interest, convenience, and necessity require the maintenance
9 of landscaping in a portion of the City, as more fully
10 hereinafter described, and the appurtenances and appurtenant
11 work and incidental costs and expenses in connection
12 therewith, that the project is feasible, and that the lands
13 to be assessed wi 11 be able to carry the burden of the
C 14 proposed assessments to pay the costs and expenses thereof;
15 and
16 WHEREAS, the Mayor and Common Council of the City of
17 San Bernardino have, on the 15th of May, 1989, passed and
18 adopted Resolution No. 89-143 entitled:
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RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT: DECLARING
ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 953
AND WAIVING NOTICE AND HEARING.
which said resolution indicated that the City elected to
proceed wi thout Noti ce and Heari ng pursuant to Secti on
12.90.040C(5l of the Municipal Code as the request represented
5-29-89
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RESOLUTION CREATING AD986
1 100% of the property owners liable to be assessed for the
2 maintenance.
3 NOW. THEREFORE. 8E IT RESOl.VED BY THE MAYOR AND
4 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOllOWS:
5 SECTION 1. That the public convenience and
6 necessity require. and the Mayor and Common Council of the
7 City of San Bernardino hereby declares by not less than a
84/5ths vote as defined in Section 12.90.040D of the San
9 Bernardino Municipal Code. that the pUblic interest.
10 convenience. and necessity requires and hereby orders. the
11 formation of Assessment District No. 986; the work described
12 in said Resolution No. 89-143 to be done in portions of
13 Rialto Avenue between the West line of Tract No. 13532 and the
14 East line of Tract No. 14235 as provided in said Resolution
15 and that the Special Assessment. Investigation and limitation
16 Act of 1931 shall not appl y.
17 SECTION 2. The City Clerk hereby is directed to
18 post a Notice for five days on or near the door of the Council
19 Chambers of the City Hall inviting sealed proposals or bids
20 when necessary for doing the work ordered and referring to the
21. specifications on file and to publish a Notice Inviting such
22 proposals for at least two days in the San Bernard1:no Sun. a
23 newspaper pUblished and circulated in said City.
24 SECTION 3. The contract will be awarded pursuant
25 to the standard procedures used by the City in the award of
26 Public Works contracts and the work ordered hereunder shall be
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-19-89 2
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RESOLUTION CREATING A0986
to the satisfaction of the City Engineer of said City, and all
of said work sha 11 be done under hi s di recti on and sha 11
comply with the specHi ca ti ons prepared by hi m, and upon the
comp1eti on of said work, the Ci ty Engi neer shall, and he
hereby is directed to make the assessment.
SECTION 4. Reference hereby is made to- said
Reso1 ution No. 89-143 for a description of the work, the
extent of the assessment district, the financing alternatives
and for further particulars.
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5-19-89
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JESOLUTION CREATING AD986
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I HEREBY CERTIFY that the foregoing resolution was
2 duly adopted by the Mayor and Common Council of the Ci ty of
3 San Berna rd ino a t a
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5 fOllowing vote, to wit:
meeting thereof, held on
, 1989, by the
day of
AYES: Council Members
NAYS:
ABSENT:
City Cleric
The foregoing resolution is hereby approved this
day of
, 1989;
W.R.-nBob" Hol~omb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorne,
'Y' J~ Jr~
5-19-89
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