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HomeMy WebLinkAbout2013-120 1 RESOLUTION NO. 2013-120 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2013/2014 ASSESSMENT ROLL FOR 3 ASSESSMENT DISTRICT NO. 952, ZONE 1, ZONE 2, ZONE 2A, AND ZONE 3, 4 LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, STATE UNIVERSITY AREA. 5 WHEREAS, by Resolution No. 81-235, the Mayor and Common Council found that 6 7 the public interest, convenience, and necessity required the formation of a landscaping 8 construction and maintenance district; and 9 WHEREAS, by said Resolution No. 81-235, the Mayor and Common Council formed 10 an assessment district known as Assessment District No. 952, Zone 1 and Zone 2, for the 11 purpose of providing landscaping construction and maintenance in the State University area 12 pursuant to the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and 13 14 WHEREAS, by Resolution Nos. 81-33, 92-35 and 95-121, the Mayor and Common 15 Council declared that all the land included within the boundaries of said district receive a 16 special benefit by the construction and/or the maintenance of said landscaping; and 17 WHEREAS, said Resolution No. 81-33, 92-35 and 95-121 declared that an annual 18 assessment shall be levied on all land within the district to provide funding for said landscaping 19 20 construction and/or the maintenance and the administration thereof; and 21 WHEREAS, the payments on the construction portion of the district were spread over 22 a five (5) year period and the last assessment levied thereon was on the 1987-88 Assessment 23 Roll and subsequent assessments are only for the maintenance and administration of the 24 landscaping; and 25 WHEREAS, by Resolution No. 92-265, the Mayor and Common Council declared 26 27 that the public interest and necessity required the amendment of the District by expanding the 28 2013-120 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 1 CONFIRMING THE 2013/2014 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, ZONE 1, ZONE 2, ZONE 2A, AND ZONE 3, LANDSCAPING CONSTRUCTION AND MAINTENANCE 2 DISTRICT,STATE UNIVERSITY AREA. 3 4 scope thereof to include maintenance of landscaping of additional territory in the District and 5 creating a Zone 2A to be assessed the cost of said maintenance; and 6 WHEREAS, by Resolution No. 95-171, the Mayor and Common Council declared 7 that the public interest and necessity required the amendment of the District by expanding the 8 boundaries and creating Zone 3 to include additional parcels of land to be assessed the cost of 9 10 said maintenance; and 11 WHEREAS, an Assessment Roll has been prepared totaling $61,006.78 for Zone 1, 12 $72,672.66 for Zone 2, $9,228.92 for Zone 2A, and $21,512.75 for Zone 3, which sets forth the 13 individual assessments to be levied on each of the parcels of land within Assessment District 14 No. 952 for the fiscal year 2013/2014; and 15 16 WHEREAS, Article XIII D of the California Constitution requires that any and all 17 Assessment Districts existing on the effective date of said Article XIII D shall comply with the 18 procedural and approval process as set forth in Section 4 of said Article XIII D, except as set 19 forth in Section 5 therein. 20 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 21 CITY OF SAN BERNARDINO AS FOLLOWS: 22 SECTION 1. That the Mayor and Common Council do hereby find and determine that 23 the assessments as set forth on said Assessment Roll No. 952, are hereby exempt from the 24 25 procedural and approval requirements of Article XIII D of the California Constitution, as 26 provided for under Section 5(a) and 5(b) of said Article XIII D, and that the assessment 27 amounts as set forth on said Assessment Rolls are equal to or less than any prior approved 28 assessments. 2 2013-120 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 1 CONFIRMING THE 2013/2014 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, ZONE 1, ZONE 2, ZONE 2A, AND ZONE 3, LANDSCAPING CONSTRUCTION AND MAINTENANCE 2 DISTRICT,STATE UNIVERSITY AREA. 3 4 SECTION 2. That the Mayor and Common Council do hereby find and determine 5 that the proportionate costs to be levied against the parcels of land within Assessment District 6 No.952, Zone 1, Zone 2, Zone 2A, and Zone 3 are correctly set forth on Assessment Roll No. 7 952, Zone 1, Zone 2, Zone 2A, and Zone 3, respectively, for the fiscal year 2013/2014, on file 8 9 in the office of the City Clerk of the City of San Bernardino, and do hereby confirm said 10 assessments. 11 SECTION 3. That the City Clerk is directed to cause a copy of this Resolution to be 12 transmitted to the Office of the Auditor-Controller for the County of San Bernardino with the 13 request that the individual assessments be placed on the subject 2013/2014 property tax bills 14 for collection together with all other property taxes. 15 16 /// 17 /// 18 19 20 21 22 23 24 25 26 27 28 3 2013-120 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2013/2014 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, ZONE 1, ZONE 2, ZONE 2A, AND ZONE 3, LANDSCAPING CONSTRUCTION AND MAINTENANCE 2 DISTRICT,STATE UNIVERSITY AREA. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint reg 1 a meeting thereof 6 held on the 17 thday of June , 2013, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 JENKINS x 11 VALDIVIA X 12 13 SHORETT X 14 KELLEY X 15 JOHNSON x 16 MCCAMMACK X 17 18 � 19 GEORGNN HA , City Clerk 20 The foregoing resolution is hereby approved this L t nay of June , 2013. 21 22 23 41%,, P TRICK J. M• _i` S, Mayor 24 ity of San Bernardino 25 Approved as to form: 26 torla6LA4'ker 27 J' ' PENMAN, City Attorney 28 4