HomeMy WebLinkAbout40-Public Works
1II
. -0 0 0 File No. 14.40-72 .J"
CITY OF SAN .BRNARDINO - REQUEST FOR COUNCIL
o
ACTION
From: ROGER G. HARDGRAVE, Director . "e>r.tCr
REC'D. - A!H-H"."-I"ct:
Dept: Public Works jEngineering \989 ~UG _\ n~ \: 39
10:00 A.I1. Protest Hearing and Resolution
Ordering Work for proposed Assessment
District No. 991 (Landscape Maintenance)
Date:
July 27, 1989
Synopsis of Previous Council action:
04-17-89 Authorization to proceed was given
07-17-89
Resolution of
puhli c hearing
District
Intention No.89-253 was
date of August 21, 19f19,
adopted, which sets a
for proposed Assessment
Recommended motion:
1. That the protests, if any, be overruled, the hearing be closed, and find and
determine that the public convenience and necessity require the proposed
landscape maintenance in the Verdemont Ave and Olive Ave area, and that the
Special Assessment, Investigation and Limitation Act of 1931 shall not apply
(4j5ths roll call vote is required).
2. Adopt Resolution
r
~c:
l1arshall Julian, City Administrator
Jim Richardson, Deputy City Administ
James Penman, City Attorney
Andy Green, Director of Finance
Contact person:
Les Fogassy
Phone:
5334
Supporting data attached: Staff Report, Resolution
Ward:
5
FUNDING REQUIREMENTS:
Amount: $ 11,756.00
Source: (Acct. No.)
251-666-53925 (Tax Bi]l Assessment)
(Acct. Oescriotion)
Assessment District ~o. 99]
Finance:>> tf-.:/
Council Notes:
75-0262
Agenda Item No.1()
'C1TA.: SAN BERNARDINcP- REQ.EST FOR COUNCIL tCTION
STAFF REPORT
The proposed Assessment District is a result of a requirement of the subdivision and a
request from the owner-developers of Verdemont and Olive area.
On ,July 17, 1989, Reso 1 uti on of Intention No. 89-2~3 was nassed, which set "I' the
protest hearing date of August 21, 1989. As requi red by Chapter 12.90 of the
Municipal rode, the portions of tile streets within the proposed district were posted
Ily the Reill Property Sedion on July 26, 1989; a notice of improvement was
lIlililpd t.o each oC the property owners in the proposed district; and on July 26,
1989, 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.
7-27-89
75-0264
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1 RESOLlfI'ION NO.
2 A RESOLUTION OF THE CIorl OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED
3 MAINTENANCE OF IMPROVEMENTS IN THE AREA OF VERUEMONT AVENUE AND OLIVE
AVENUE CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID
4 MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 991, ORDERING THE WORK
AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931
5 SHALL NOT APPLY.
6 WHEREAS, the Mayor ilnd Common Cowlcil of the City of San
7 Bernardino hilve preliminarily found that the public interest,
8 convenience, and necessity require the maintenance of landscaping in a
9 portion of the City, as more fully hereinafter described, and the
10 ilpp\lrtenances and appurtenant work and incidental costs and expenses
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in
connection therp-with, that the project is feasible,
and that the
lands to be assessed will be able to carry the
burden of the
p,'oposed assessments to pay the costs and expenses thereof; and
WHEREAS, the Mayor and Common Council of the City of San
Bernardino have, on the 17th of July, 1989, passed and adoptp.d Resolution
No. 89-253 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PlffiLIC CONVENIENCE AND NECESSITY REQUIRE
THE FORMATION OF A LANDSC'\!'ING MAINTENANCE ASSESSMENT UISTRICT:
DECLARING ITS INTENTION 'fa PROCEED TO ORDER WORK WITHIN THE
DISTRICT, nl BE KNOWN AS ASSESSMENT DISTRICT NO. Q91 AND
SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A
PUBLIC HEARING.
which said resolution duly and legally was puhlished and notice of
improvement has been given in the manner required by Chapter 12.90 of the
San Bernardino Munieipal Code;
and written objections and protests
to the formation of the proposed district, the work to be done or the
otent of the district to be assessed were heard and considered.
NOW, TIIEREFOllE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SEen ON 1.
That a full and fair public hearing having been
07-27-89
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RESOLUTION ORDERING WORK: ~DSCAP~INTENANCE ASSESSMENl DISTRT(TNO~1
1 held, as stated in the recitals herein, and the Mayor and COnllllon Coullci 1,
2 having heard and considered any and all comments received thereon and being
3 fully advised in the pt'emises, hereby overrules any and al] protests
4 received.
5 SECTION 2. That the public convenience "fld necessit:i
6 "equire, and the Mayor ,me! Common Connd I of the Ci ,.) of Safl
7 Bernardino hereby declares by not less than a 4/5ths vote a, def h,ed ill
8 Section 12.'lO.0401J of the San Bernardino Municipal Corle, 11.", th..
9 pub 1 ic interest, convenience, and necessity requires and hereby orders,
10 the fOl'mation of Assessment District No. 991; the work descri bed in said
11 Resolution No. 89-253 to be done in purtions of the South side "t Ve,'demont
12 Drive, the North and South sides of Garfield Avenue, and the Nurth dnd South
13 sides of Ohio Avenue, all betwecn Pallo avenue dnd 01 i ve Avenue as pI ov j ded
14 in saie! Resolution and that the Special Assessment, Investigation and
15 Limitation Act of 1931 shall not apply.
16 SECTION ~l. The City Clerk hereby is directed to po,r' a Notice
17 for five days on or near the door' ot the Council Chambers of the City Hall
18 inviting sealed proposals or bids for doing the work ordered and rejerring
19 to the specifications on file and to puhlish a Notice In\'itiug' such
20 proposals fo,' at least two days in the San Bernardiuo Sun, a
21 newspaper pub] ished and circulated in said City.
22 SECTIO'" 4. The contract wi 11 he awarded pursuant to the
23 standal,'d procedures used by the City in the award of Pub! ie Works
24 contracts and the work ordered hereunder sh611 be to the sat1sfadiOl. ot ehe
25 City Engineer of said City, and all of said work shall be dene und",' his
26 direction itnd shall comply with the specific"tions pre pit red b} him, and
27 upon the completion of said work, the City Engineer sh,,] i. and he
28 hereby is directed to make the assessment.
07..27-89
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RESOLUTION ORDERING WORK: ODSCAPQINTENANCE ASSESSMENT DISTRICfNO...J1
1
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SECTION
5.
Reference hereby is
made to said Resolutiun
No.
89-253
for a description of th~ work,
the extent of the assessment
3 district, the financing alternatives and for further particulars.
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted b,'
tbe Mayor and Common Council of the City of San llc"'lal-dino a1
d
meeting thereof
of
held
the
ddY
un
, 19____, by the following vote, to-wit:
AYES:
Council Members
NAYS:
ABSENT:
-_._-_._-~ --'-'--."-.. ----
City Clerk
The foregoing resolution is hf'rcby approved this __
day of
,19__
W.R. HOLCOI1B, Mayor
City of San Be,-nardino
Approved as to form
and legal content:
JAMES PENIlAN,
City Attorney
r. ~ /)
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By' -;t. " . :/ I"........."
. -. .._.:.~.:!..-':-?- y ,
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07-27-89
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