HomeMy WebLinkAbout38-Public Works
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ci1::>OF SAN BERNARDCO - REQUOT FOR COUNCIL AC'-10N
From:
R 0 G ERG. H A R D G R A V E, D ire c tor Subject:
Public Works/Engineering
Resolution Ordering Work;
Assess. Distr. No. 984;
(Central and Gifford Landscaping
Maintenance District.)
Dept:
Date: December 8, 1987
Synopsis of Previous Council action:
11/16/87
--- Adopted Resolution of Intention.
Recommended motion:
Adopt Resolution.
cc: Raymond Schweitzer, City Administrator
Warren Knudson, Director of Finance
Jim Penman, City Attorney
Contact person:
Les Fogassy
Phone:
5334
Supporting data attached:
Staff Report,Resolution
Ward:
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FUNDING REQUIREMENTS:
Amount: $1,500.00
Source: (ACCT. NO.) 251-658-53925 (Tax Bi 11 Assessments)
(ACCT. DESCRIPTION)
To be paid from up front monies deposl~eo
Assess. Di str. 984
oy ~ne aeve loper
Finance: tJ- c:r ~
Council Notes:
15.0262
Agenda Item No, 3cg
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'CIO OF SAN BERNARDOO - REQUQT FOR COUNCIL AC' JON
STAFF REPORT
On November II, 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 Central and Gifford area. This
district is a requirement of the developer. The landscaping will be
maintained by an Association, however, the district will be in place and
will pick up the required maintenance in the event that the Association
defaults.
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.
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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 IMPROVEMENTS IN THE AREA
OF GIFFORD AND CENTRAL AVENUES, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 984, 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 necessi ty require the mai ntenance
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 wi 11 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 16th of November, 1987, passed and
adopted Resolution No. 87-411 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING 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
DISTRICT NO.984 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(5l of the Municipal Code as the request represented
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100% of the property owners liable to be assessed for the
maintenance.
NOW THEREFORE, BE IT RESOLVED BY THE r1AYOR AND COM~10N
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 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. 984; the work described
in said Resolution No. 87-411 to be done in portions of
Central Avenue and Gifford Avenue, and the retention basin
within portion of Parcel I, within the boundaries of Parcel
Map No. 7405 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
specifications on file and to publish a Notice Inviting such
proposals for at least two days in the San Bernardino Sun, a
newspaper published and circulated in said City.
SECTION 3. The contract will be awarded pursuant
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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. 87-411 for a description of the work, the
extent of the assessment district, the financing alternatives
and for further particulars.
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1 I HEREBY CERTIFY that the foregoing resolution was
2 duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on
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the
day of
, 19
, by the
following vote, to wit:
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AYES; COUNCIL MEMBERS
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 19
Mayor of the City of San Bernardino
Approved as to form
and legal content:
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