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HomeMy WebLinkAbout2012-157 1 RESOLUTION NO. 2012-157 2 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2012/2013 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1041, 3 LANDSCAPING MAINTENANCE DISTRICT, MAGNOLIA AVENUE AND OHIO 4 AVENUE AREA. 5 WHEREAS, by Resolution No. 2006-396, the Mayor and Common Council found 6 that the public interest, convenience, and necessity required the formation of a landscaping 7 maintenance district; and 8 WHEREAS, by said Resolution No. 2006-396, the Mayor and Common Council 9 10 formed an assessment district known as Assessment District No. 1041 for the purpose of 11 providing landscaping maintenance in the Magnolia Avenue and Ohio Avenue area, pursuant 12 to the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and 13 WHEREAS,by Resolution No. 2006-331, 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 maintenance of said landscaping except for those portions, if any, set forth as a General 17 Benefit in the Engineer's Report approved by said Resolution No. 2006-396, on file in the 18 Office of the City Clerk and the City Engineer of said City; and 19 WHEREAS, said Resolution No. 2006-331 declared that an annual assessment shall 20 be levied on all land within the district to provide funding for said landscaping maintenance 21 and the administration thereof; and 22 23 WHEREAS, an Assessment Roll has been prepared totaling $15,303.91, which sets 24 forth the individual assessments to be levied on each of the parcels of land within Assessment 25 District No. 1041 for the fiscal year 2012/2013; and 26 WHEREAS, the Assessment District was created pursuant to the provisions of Article 27 XIII D of the California Constitution, which provides for the levying of annual assessments 28 2012-157 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2012/2013 ASSESSMENT 1 ROLL FOR ASSESSMENT DISTRICT NO. 1041, LANDSCAPING MAINTENANCE DISTRICT, MAGNOLIA AVENUE AND OHIO AVENUE AREA. 2 3 without the necessity of following the assessment ballot procedures as long as said 4 assessments do not exceed any prior approved assessment or the methodology of applying 5 6 assessments is not changed or rates are not increased. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. That the Mayor and Common Council do hereby find and determine 10 that the assessments as set forth on said Assessment Roll No. 1041 comply with the 11 procedural requirements of Article XIII D of the California Constitution without the necessity 12 of following the assessment ballot procedures as set forth therein. 13 SECTION 2. That the Mayor and Common Council do hereby find and determine 14 15 that the proportionate costs to be levied against the parcels of land within Assessment 16 District No. 1041 are correctly set forth on Assessment Roll No. 1041, for the fiscal year 17 2012/2013, on file in the office of the City Clerk of the City of San Bernardino, and do 18 hereby confirm said assessments. 19 SECTION 3. That the City Clerk is directed to cause a copy of this Resolution to be 20 21 transmitted to the Office of the Auditor-Controller for the County of San Bernardino with the 22 request that the individual assessments be placed on the subject 2012/2013 property tax bills 23 for collection together with all other property taxes. 24 25 26 27 28 2012-157 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2012/2013 ASSESSMENT 1 ROLL FOR ASSESSMENT DISTRICT NO. 1041, LANDSCAPING MAINTENANCE DISTRICT, MAGNOLIA AVENUE AND OHIO AVENUE AREA. 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a joint regular meeting 5 6 thereof held on the 18th day of .tune 2012, by the following 7 vote,to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 x JENKINS 11 12 VALDIVIA x 13 SHORETT x 14 KELLEY x 15 x JOHNSON 16 MCCAMMACK x 17 18 19 GEOR ANN HA A, City Clerk 20 The foregoing resolution is hereby approved this p ,6 21 day of .tune 2012. 22 23 PA RICK J. PAU* Mayor 24 -City of San Bernardino 25 A �oved as to form: 26 27 ES F. PENMAN, City Attorney 28