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HomeMy WebLinkAbout2009-242 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. 2009-242 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 SPECIAL TAX FOR CERTAIN PARCELS OF REAL PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT NO. 1033 FOR A PORTION OF THE OPERATION AND MAINTENANCE COSTS OF THE VERDEMONT FIRE STATION. WHEREAS, by Resolution No. 2004-103, the Mayor and Common Council of the City of San Bernardino approved goals and policies for use of Community Facilities Districts pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 (commencing with Section 53311) of the California Government Code; and WHEREAS, by Resolution No. 2004-104, the Mayor and Common Council declared its intention to establish a Community Facilities District No. 1033 for new development for the ongoing maintenance and operation of a fire station for the Verdemont Area; and WHEREAS, by Resolution No. 2004-210, the Mayor and Common Council established the formation of Community Facilities District No. 1033 for a portion of the operations and maintenance costs of the Verdemont Fire Station; and WHEREAS, the Mayor and Common Council approved the expansIOn of the boundaries of Community Facilities District No. 1033 by annexing additional parcels of land to the District by Resolution No. 2007-151 (Annexation No.1), and by Resolution No. 2007-333 (Annexation No.2), and by Resolution No. 2007-458 (Annexation No.3), and by Resolution No. 2007-487 (Annexation No.4), and by Resolution No. 2008-65 (Annexation No.5), and by Resolution No. 2008-161 (Annexation No.6), and by Resolution No. 2009-15 (Annexation No. 7); and WHEREAS, Resolution No. 2004-304, validated the Special Landowner Election conducted within Community Facilities District No. 1033 and authorized the levy of a Special Tax at the Rate and Method as specified in said Resolution No. 2004-210; and 06/04/09 2009-242 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 OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 SPECIAL TAX FOR CERTAIN PARCELS OF REAL PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT NO. 1033 FOR A PORTION OF THE OPERATION AND MAINTENANCE COSTS OF THE VERDEMONT FIRE STATION. WHEREAS, Resolution No. 2007-153 (Annexation No.1), and Resolution No. 2007- 335 (Annexation No.2) , and Resolution No. 2007-460 (Annexation No.3), and Resolution No. 2007-489 (Annexation No.4), and Resolution No. 2008-67 (Annexation No.5), and Resolution No. 2008-163 (Annexation No.6), and Resolution No. 2009-17 (Annexation No.7) validated the Special Landowner Elections conducted within Community Facilities District No. 1033 for the additional parcels of land annexed to the District as set forth herein and authorized the levy ofa Special Tax at the Rate and Method as specified in said Resolution No. 2004-210; and WHEREAS, as a result of the application for, and approval of building permit(s) issued by the City of San Bernardino, certain lots or parcels of real property within the District are now subject to the Special Tax Levy; and WHEREAS, an Assessment Roll has been prepared totaling $556.679.16, which sets forth the individual assessments to be levied on each certain parcel of land within Community Facilities District No. 1033. 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. 1033 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 certain parcels of land within Community Facilities District No. 1033 are correctly set forth on Assessment Roll No. 1033, for the fiscal 06/04109 2 2009-242 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 OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 SPECIAL TAX FOR CERTAIN PARCELS OF REAL PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT NO. 1033 FOR A PORTION OF THE OPERATION AND MAINTENANCE COSTS OF THE VERDEMONT FIRE STATION. year 2009/2010, 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 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 2009/2010 property tax bills for collection together with all other property taxes. 11/ III 06/04/09 3 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 2009-242 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 SPECIAL TAX FOR CERTAIN PARCELS OF REAL PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT NO. 1033 FOR A PORTION OF THE OPERATION AND MAINTENANCE COSTS OF THE VERDEMONT FIRE STATION. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council ofthe City of San Bernardino at a joint regular meeting thereof held on the 6th day of July , 2009, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER X SHORETT x KELLEY X JOHNSON X X MCCAMMACK ~ k.~ City Clerk ... :-r'" The foregoing resolution is hereby approved this ._1):/' day of July ,2009. -~IS'MaYOr ity of San Bernardino Approved as to form: J 06/04/09 4