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HomeMy WebLinkAbout2011-189 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. 2011-189 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING 2011/2012 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. LANDSCAPING MAINTENANCE DISTRICT, ORANGE SHOW ROAD ARROWHEAD AVENUE AREA. THE 1038, AND WHEREAS, by Resolution No. 2005-108, 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. 2005-108, the Mayor and Common Council formed an assessment district known as Assessment District No. 1038 for the purpose of providing landscaping maintenance in the Orange Show Road and Arrowhead Avenue area, 12 pursuant to the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and 13 WHEREAS, by Resolution No. 2004-390, the Mayor and Common Council declared 14 that all the land included within the boundaries of said district receive a special benefit by the 15 16 17 18 19 20 21 22 23 24 25 26 maintenance of said landscaping except for those portions, if auy, 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 levied on all land within the district to provide funding for said landscaping maintenance and the administration thereof; and WHEREAS, by Resolution No. 2005-109, the Mayor and Common Council approved a Landscape Maintenauce Agreement with the property owner to allow the property within the District to be maintained by a Property Owner's Association and only bear the cost of inspection and incidental administrative costs so long as the property is maintained pursuant to the 27 conditions set forth in said Agreement; and 28 04/2t/11 2011-189 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2011/2012 ASSESSMENT 1 ROLL FOR ASSESSMENT DISTRICT NO. 1038, LANDSCAPING MAINTENANCE DISTRICT, ORANGE SHOW ROAD AND ARROWHEAD AVENUE 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 WHEREAS, an Assessment Roll has been prepared totaling $2,039.82, which sets forth the individual assessments to be levied on each of the parcels of land within Assessment District NO.1 038 for the fiscal year 2011/2012 for inspection and incidental costs; and WHEREAS, the Assessment District was created pursuant to the provisions of Article Xlll 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. 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. SECTION 2. That the Mayor and Common Council do hereby find and detennine that the proportionate costs to be levied against the parcels of land within Assessment District No. 1038 are correctly set forth on Assessment Roll No. 1038, for the fiscal year 2011/2012, 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 2011/2012 property tax bills for collection together with all other property taxes. 04/21/11 2 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 2011-189 RESOLUTlON OF THE ClTY OF SAN BERNARDINO CONFIRMING THE 201112012 ASSESSMENT 1 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 adoptcd by the Mayor and Common Council of the City of San Bernardino at a ioint regular meeting thereof held on the 20th day of June ,2011, by the following votc, to wit: Council Members: A YES NAYS ABSTAIN ABSENT MARQUEZ x VACANT BRINKER x x SHORETT KELLEY x JOHNSON x MCCAMMACK x ,) i4~ /~. '- City Clerk (1, L ~c Thc foregoing resolution is hereby approved this ~3 day of June ,201 L APP~~ _ ~ JAMES F. NMA, ~ttorney 04/21/11 3