HomeMy WebLinkAbout2009-209
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RESOLUTION NO. 2009-209
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE
2009/2010 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 Asscssment District No. 952, Zone I and Zone 2, for the
purpose of providing landscaping construction and maintenance in the State University area
pursuant to the provisions of Chaptcr 12.90 of the San Bernardino Municipal Code; and
WHEREAS, by Resolution Nos. 81-33, 92-35 and 95-121, 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/or the maintenance of said landscaping; and
WHEREAS, said Resolution No. 81-33, 92-35 and 95-121 declared that an annual
assessment shall be levied on all land within the district to provide funding for said landscaping
construction and/or the 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
05/05/09
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2009-209
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 ASSESSMENT
1 IWLL FOR ASSESSMENT DISTRICT NO. 952, ZONE I, ZONE 2, ZONE 2A, AND ZONE 3,
LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, STATE UNIVERSITY AREA.
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WHEREAS, by Resolution No. 95-171. the Mayor and Common Council dcclared
that the public interest and necessity required the amendment of the District by cxpanding the
boundaries and creating Zone 3 to includc additional parcels of land to be assessed the cost of
said maintenance; and
WHEREAS, an Assessment Roll has been prepared totaling $61,006.69 for Zonc I.
$72,680.21 for Zone 2, $9,405.64 for Zone 2A, and $21,512.75 for Zone 3, which sets forth thc
individual assessments to be levied on each of the parcels of land within Assessment District
No. 952 for the fiscal year 2009/2010; and
WHEREAS, Article XIII D of thc California Constitution requires that any and all
Assessment Districts cxisting on the effective date of said Articlc 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 thc
procedural and approval requirements of Article XII1 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 arc cqual to or less than any prior approved asscssments.
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 Assessmcnt District
No.952, Zone I, Zone 2, Zone 2A, and Zone 3 are correctly sct forth on Assessment Roll No.
952, Zone I, Zone 2, Zone 2A, and Zone 3, respectively, for the fiscal year 2009/2010, on file in
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2009-209
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING TIlE 200912010 ASSESSMENT
ROLL FOR ASSESSMENT IlISTRICT NO. 952, ZONE I, ZONE 2, ZONE 2A, AND ZONE 3,
LANDSCAI'ING CONSTRUCTION AND MAINTENANCE DISTRICT, STATE UNIVERSITY AREA.
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 lor the County of San Bcrnardino with the
request that the individual asscssments be placed on the subject 2009/2010 property tax bills for
collection togcthcr with all other property taxes.
III
III
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2009-209
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 ASSESSMENT
1 ROLL FOR ASSESSMENT DISTRICT NO. 952, ZONE I, ZONE 2, ZONE 2A, AND ZONE 3,
LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, STATE UNIVERSITY AREA.
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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
mceting thereof
6 held on the 6th day of
July
,2009
by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
x
BRINKER
SHORETT x
KELLEY x
x
JOHNSON
MCCAMMACK X
~~ };.~
City Clerk
The foregoing resolution is hereby approved this
~
g- day 01__ July
,2009
PATRICK ORRIS, Mayor
City of San Bernardino
Approvcd as to form:
:;-.
J ES F. PENMAN, City Attorney
05/05/09
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