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HomeMy WebLinkAbout2009-232 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2009 232 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1020, LANDSCAPING MAINTENANCE DISTRICT, MILL STREET AND DALLAS AVENUE AREA. WHEREAS, by Resolution No. 97-300, the Mayor and Common Council found that the public interest, convenience, and necessity required the formation of a landscaping maintenance district; and WHEREAS, by said Resolution No. 97-300, the Mayor and Common Council formed an assessment district known as Assessment District No. 1020 for the purpose of providing landscaping maintenance in the Mill Street and Dallas A venue area, pursuant to the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and WHEREAS, by Resolution No. 97-251, the Mayor and Common Council declared that all the land included within the boundaries of said district receive a special benefit by the maintenance of said landscaping, except for those portions, if any, set forth as a General Benefit in the Engineer's Report approved by said Resolution No. 97-300, on file in the Office of the City Clerk and the City Engineer of said City; and WHEREAS, said Resolution No. 97-251 declared that an annual assessment shall be levied on a111and within the district to provide funding for said landscaping maintenance and the administration thereof; and WHEREAS, said Resolution No. 97-251 preliminarily approved the Engineer's Report and Resolution No. 97-300 finally approved said Engineer's Report for said Assessment District No. 1020; and WHEREAS, by Resolution No. 2000-208 a Modified Engineer's Report was approved determining that a certain portion of the costs of maintenance within said district shall be a general benefit not assessable to said district, as set forth therein, and is on file in the office of 05/04/09 2009-232 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 ASSESSMENT 1 ROLL FOR ASSESSMENT DISTRICT NO. 1020, LANDSCAPING MAINTENANCE DISTRICT, MILL STREET AND DALLAS A VENUE AREA. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the City Clerk of said City; and WHEREAS, an Assessment Roll has been prepared totaling $1,746.29, which sets forth the individual assessments to be levied on each of the parcels of land within Assessment District No. 1020 for the fiscal year 2009/2010 pursuant to said Modified Engineer's Report; and WHEREAS, the Assessment District was created pursuant to the provisions of Article XIII D of the California Constitution, which provides for the levying of annual assessments without the necessity of following the assessment ballot procedures as long as said assessments do not exceed any prior approved assessment or the methodology of applying assessments is not changed or rates are not increased. 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.1 020 are equal to or less than any prior approved assessments and comply with the procedural requirements of Article XIII D of the California Constitution without the necessity of following the assessment ballot procedures as set forth therein. 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. 1020 are correctly set forth on Assessment Roll No. 1020, for the fiscal year 2009/20 I 0, on file in 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 05/04/09 2 2009-232 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1020, LANDSCAPING MAINTENANCE DISTRICT, MILL STREET AND DALLAS A VENUE AREA. 3 transmitted to the Office of the Auditor-Controller for the County of San Bernardino with the 4 request that the individual assessments be placed on the subject 2009/2010 property tax bills for 5 collection together with all other property taxes. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint regular Common Council of the City of San Bernardino at a meeting thereof held on the 6th day of July Council Members: AYES NAYS ESTRADA X BAXTER X BRINKER X SHORETT X KELLEY X JOHNSON x MCCAMMACK X ,2009, by the following vote, to wit: ABSTAIN ABSENT ~ /~. ~..k City Clerk of IJr The foregoing resolution is hereby approved this g-./' day of July ,2009. ~~IS,MaYOr City of San Bernardino App.roved as to form: 05/04/09 3