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RESOLUTION NO. 2004-161
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE
2004/2005 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, ZONE 1,
ZONE 2, ZONE 2A, AND ZONE 3, LANDSCAPING CONSTRUCTION AND
MAINTENANCE DISTRICT, STATE UNIVERSITY AREA.
WHEREAS, by Resolution No. 81-235, the Mayor and Common Council found that the
public interest, convenience, and necessity required the formation of a landscaping construction
and maintenance district; and
WHEREAS, by said Resolution No. 81-235, the Mayor and Common Council formed
an assessment district known as Assessment District No. 952 for the purpose of providing
landscaping construction and maintenance in the State University area pursuant to the provisions
of Chapter 12.90 of the San Bernardino Municipal Code; and
WHEREAS, by Resolution No. 81-33, the Mayor and Common Council declared that
all the land included within the boundaries of said district receive a special benefit by the
construction and maintenance of said landscaping; and
WHEREAS, said Resolution No. 81-33 declared that an annual assessment shall be
levied on all land within the district to provide funding for said landscaping construction and
maintenance and the administration thereof; and
WHEREAS, the payments on the construction portion of the district were spread over a
five (5) year period and the last assessment levied thereon was on the 1987-88 Assessment Roll
and subsequent assessments are only for the maintenance and administration of the landscaping;
and
WHEREAS, by Resolution No. 92-265, the Mayor and Common Council declared that
the public interest and necessity required the amendment of the District by expanding the scope
thereof to include maintenance of landscaping of additional territory in the District and creating
a Zone 2A to be assessed the cost of said maintenance; and
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RESOLUTION CONFIRMING 2004/2005 ASSESSMENT ROLL NO. 952, ZONE 1 AND ZONE 2, ZONE
2A AND ZONE 3 (STATE UNIVERSITY AREA LANDSCAPING MAINTENANCE)
WHEREAS, by Resolution No. 95-171, the Mayor and Common Council declared that
the public interest and necessity required the amendment of the District by expanding the
boundaries of Zone 3 to include additional parcels of land to be assessed the cost of said
maintenance; and
WHEREAS, an Assessment Roll has been prepared totaling $60,407.83 for Zone 1,
$65,647.38 for Zone 2, $6,363.80 for Zone 2A, and $10,270.26 for Zone 3, which sets forth the
individual assessments to be levied on each of the parcels of land within Assessment District
No. 952 for the fiscal year 2004/2005; and
WHEREAS, Article XIII D of the California Constitution requires that any and all
Assessment Districts existing on the effective date of said Article XIII D shall comply with the
procedural and approval process as set forth in Section 4 of said Article XIII D, except as set
forth in Section 5 therein.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council do hereby find and determine that
the assessments as set forth on said Assessment Roll No. 952, are hereby exempt from the
procedural and approval requirements of Article XIII D of the California Constitution, as
provided for under Section 5(a) and 5(b) of said Article XIII D, and that the assessment amounts
as set forth on said Assessment Rolls are equal to or less than any prior approved assessments.
SECTION 2. That the Mayor and Common Council do hereby find and determine
that the proportionate costs to be levied against the parcels of land within Assessment District
No.952, Zone 1, Zone 2, Zone 2A, and Zone 3 are correctly set forth on Assessment Roll No.
952, Zone 1, Zone 2, Zone 2A, and Zone 3, respectively, for the fiscal year 2004/2005, on file in
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RESOLUTION CONFIRMING 2004/2005 ASSESSMENT ROLL NO. 952, ZONE 1 AND ZONE 2, ZONE
2A AND ZONE 3 (STATE UNIVERSITY AREA LANDSCAPING MAINTENANCE)
the office of the City Clerk of the City of San Bernardino, and do hereby confirm said
assessments.
SECTION 3. That the City Clerk is directed to cause a copy of this Resolution to be
transmitted to the Office of the Auditor -Controller for the County of San Bernardino with the
request that the individual assessments be placed on the subject 2004/2005 property tax bills for
collection together with all other property taxes.
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RESOLUTION CONFIRMING 2004/2005 ASSESSMENT ROLL NO. 952, ZONE 1 AND ZONE 2, ZONE
2A AND ZONE 3 (STATE UNIVERSITY AREA LANDSCAPING MAINTENANCE)
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof
held on the 21st day of June 2004 , by the following vote, to
wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MCGINNIS %
DERRY %
KELLEY %
JOHNSON x
MCCAMMACK %
City Clerk
The foregoing resolution is hereby approved this 23 ``l day of June
20 04
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
B?4104
0 4
ITH VALLES, Mayor
of San Bernardino