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HomeMy WebLinkAbout2010-186 1 RESOLUTION NO. 2010-186 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 3 2010/2011 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1038, LANDSCAPING MAINTENANCE DISTRICT, ORANGE SHOW ROAD AND 4 ARROWHEAD AVENUE AREA. 2 WHEREAS, by Resolution No. 2005-108, the Mayor and Common Council found that 5 6 the public interest, convenience, and necessity required the formation of a landscaping 7 maintenance district; and 8 WHEREAS, by said Resolution No. 2005-108, the Mayor and Common Council 9 10 formed an assessment district known as Assessment District No. 1038 for the purpose of 11 12 13 14 15 16 17 18 19 providing landscaping maintenance in the Orange Show Road and Arrowhead A venue area, pursuant to the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and WHEREAS, by Resolution No. 2004-390, 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. 2005-108, on file in the Office of the City Clerk and the City Engineer of said City; and WHEREAS, said Resolution No. 2004-390 declared that an annual assessment shall be 20 levied on all land within the district to provide funding for said landscaping maintenance and the 21 22 administration thereof; and WHEREAS, by Resolution No. 2005-109, the Mayor and Common Council approved a 23 Landscape Maintenance Agreement with the property owner to allow the property within the 24 25 District to be maintained by a Property Owner's Association and only bear the cost of inspection 26 and incidental administrative costs so long as the property is maintained pursuant to the 27 conditions set forth in said Agreement; and 28 05/13/10 2010-186 RESOLUTION OF THE CITY OF SAN BERNARDINO CONF1RMING THE 2010/2011 ASSESSMENT 1 ROLL FOR ASSESSMENT DISTRICT NO. 1038, LANDSCAPING MAINTENANCE DISTRICT, ORANGE SHOW ROAD AND ARROWHEAD AVENUE AREA. 2 3 4 WHEREAS, an Assessment Roll has been prepared totaling $2,506.02, which sets 5 forth the individual assessments to be levied on each of the parcels of land within Assessment 6 District No. 1038 for the fiscal year 2010/2011 for inspection and incidental costs; and 7 WHEREAS, the Assessment District was created pursuant to the provisions of Article 8 XIII D of the California Constitution, which provides for the levying of annual assessments 9 10 11 12 13 14 15 16 17 18 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. 1038 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. 19 SECTION 2. That the Mayor and Common Council do hereby find and determine 20 that the proportionate costs to be levied against the parcels of land within Assessment District 21 No. 1038 are correctly set forth on Assessment Roll No. 1038, for the fiscal year 2010/2011, on 22 file in the office of the City Clerk of the City of San Bernardino, and do hereby confirm said 23 24 assessments. 25 SECTION 3. That the City Clerk is directed to cause a copy of this Resolution to be 26 transmitted to the Office of the Auditor-Controller for the County of San Bernardino with the 27 28 request that the individual assessments be placed on the subject 2010/2011 property tax bills for collection together with all other property taxes. 05/13110 2 2010-186 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 2010/2011 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1038, LANDSCAPING MAINTENANCE DISTRICT, ORANGE SHOW ROAD AND ARROWHEAD A VENUE AREA. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council ofthe City of San Bernardino at a j oint regular meeting thereof ,2010, by the following vote, to wit: held on the 21st day of June Council Members: AYES NAYS MARQUEZ x DESJARDINS x X BRINKER X SHORETT KELLEY X JOHNSON X MCCAMMACK ABSTAIN ABSENT X ~J:;. ~ City Clerk The foregoing resolution is hereby approved this 22nd day of _ June ,2010. AN, City Attorney 05/13/10 3