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Fi Ie No. 14.40-40
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTI
Dept:
Public Works/Engineering
Subject€U:CjA '4~MHI.o~,.~orde r in g W or k;
'."l ""Assess. "fstr. No. 969;
"-' uLT(1~itl\;9~,oQ,.,& Olive Area Lndscp.
Maintenante District.)
From:
ROGER G. HARDGRAVE, Director
Date: Oc tober 20, 1987
Synopsis of Previous Council action:
10-5-87
Adopted Resolution of Intention.
Recommended motion:
Adopt Resolution.
cc: Raymond Schweitzer, City Administrator
Warren Knudson, Director of Finance
Jim Penman, City Attorney
Contect person:
Verne Nadeau
Phone:
384-50?6
Supporting data attached: S ta ff Rep or t, Ma p
Ward:
5
FUNDING REOUIREMENTS:
Amount: $3,000.00
Source: (ACCT. NO.) 251-642-53925 (Tax an 1 Assessments)
(ACCT. DESCRIPTION) Assess. Di str. 969 To be paid
from up-front monies deposited by Dev.
Finance:
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Council Notes:
Aoencl. Item No ~/,.
. CI,c, OF SAN BERNARDIe>> - REQUEJr FOR COUNCIL AC.~>>N
STAFF REPORT
).l
On October 5, 1987, the Resolution of Intention was adopted which
declared the City's intention to proceed with the establishment of a
landscaping maintenance district in the area of Irvington and Olive
Avenues. This district is a 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 100% participation, notice and hearing was not
necessary (Section 12.90.040C(5) Municipal Code) and this Resol ution is
the next formal step in the proceedings.
10/20/87
75.0264
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10/20/87
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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 IRV INGTON AND OLIVE AVENUES, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 969, 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 Bernardi no have prel i mi narily found that the publ i c
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 5th of October, 1987, passed and
adopted Resolution No. 87-363 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMING 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
DISTRICTNO. 969 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
10- 20-87
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100% of the property owners liable to be assessed for the
ma in tenance.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
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
4/5th yote 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. 969; the work described
in said Resolution No. 87-363 to be done in portions of the
South side of Irvington Avenue between the East line of Tract
No. 10184 and the West 1 ine of Tract 10181 and in portions of
the East side of Oliye Avenue between the North line of the
Cable Creek Channel and a point approximately 270 feet North
thereof as provided in said Resolution and that the Special
Assessment, Investigation and Limitation Act of 1931 shall not
apply.
SECTION 2. 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
when necessary for doing the work ordered and referring to the
s p e ci f i cat ion son f i 1 e and to pub lis h a Not ice I n v i tin g s u c h
proposals for at least two days in the San Bernardino Sun, a
newspaper published and circulated in said City.
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10-20-87
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SECTION 3.
The contract wi II 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. 87-363 for a description of the work, the
extent of the assessment district, the financing alternatives
and for further particulars.
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10-20-87
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I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Counci 1 of the Ci ty of
San Bernardino at a
meeting thereof, held on
the
day of
19_, by the
---'
following vote, to wit:
AYES; COUNCIL MEMBERS
NAYS:
ABSENT:
Ci ty Clerk
The foregoing resolution is hereby approved this
day of
,19_.
Mayor of the Clty of San Bernardino
Approved as to form
and legal content:
~~M~~
Cik Attorney
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10-20-87
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