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HomeMy WebLinkAbout2013-157 RESOLUTION NO. 2013-157 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2013/2014 SPECIAL TAX FOR 3 CERTAIN PARCELS OF REAL PROPERTY WITHIN COMMUNITY FACILITIES 4 DISTRICT NO. 1033 FOR A PORTION OF THE OPERATION AND MAINTENANCE COSTS OF THE VERDEMONT FIRE STATION. 5 WHEREAS, by Resolution No. 2004-103, the Mayor and Common Council of the 6 7 City of San Bernardino approved goals and policies for use of Community Facilities Districts 8 pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), 9 Chapter 2.5 of Part 1 of Division 2 (commencing with Section 53311) of the California 10 Government Code; and 11 WHEREAS, by Resolution No. 2004-104, the Mayor and Common Council 12 declared its intention to establish a Community Facilities District No. 1033 for new 13 14 development for the ongoing maintenance and operation of a fire station for the Verdemont 15 Area; and 16 WHEREAS, by Resolution No. 2004-210, the Mayor and Common Council 17 established the formation of Community Facilities District No. 1033 for a portion of the 18 operations and maintenance costs of the Verdemont Fire Station; and 19 20 WHEREAS, the Mayor and Common Council approved the expansion of the 21 boundaries of Community Facilities District No. 1033 by annexing additional parcels of land 22 to the District by Resolution No. 2007-151 (Annexation No. 1), and by Resolution No. 2007- 23 333 (Annexation No. 2), and by Resolution No. 2007-458 (Annexation No. 3), and by 24 Resolution No. 2007-487 (Annexation No. 4), and by Resolution No. 2008-65 (Annexation 25 26 No. 5), and by Resolution No. 2008-161 (Annexation No. 6), and by Resolution No. 2009-15 27 (Annexation No. 7); and 28 1 2013-157 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 1 CONFIRMING THE 2013/2014 SPECIAL TAX FOR CERTAIN PARCELS OF REAL PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT NO. 1033 FOR A PORTION OF THE OPERATION 2 AND MAINTENANCE COSTS OF THE VERDEMONT FIRE STATION. 3 4 WHEREAS, Resolution No. 2004-304, validated the Special Landowner Election 5 conducted within Community Facilities District No. 1033 and authorized the levy of a Special 6 Tax at the Rate and Method as specified in said Resolution No. 2004-210; and 7 WHEREAS, Resolution No. 2007-153 (Annexation No. 1), and Resolution No. 8 9 2007-335 (Annexation No. 2) , and Resolution No. 2007-460 (Annexation No. 3), and 10 Resolution No. 2007-489 (Annexation No. 4), and Resolution No. 2008-67 (Annexation No. 11 5), and Resolution No. 2008-163 (Annexation No. 6), and Resolution No. 2009-17 12 (Annexation No. 7) validated the Special Landowner Elections conducted within Community 13 Facilities District No. 1033 for the additional parcels of land annexed to the District as set 14 forth herein and authorized the levy of a Special Tax at the Rate and Method as specified in 15 16 said Resolution No. 2004-210; and 17 WHEREAS, as a result of the application for, and approval of building permit(s) 18 issued by the City of San Bernardino, certain lots or parcels of real property within the District 19 are now subject to the Special Tax Levy; and 20 WHEREAS, an Assessment Roll has been prepared totaling $602,566.28, which sets 21 22 forth the individual assessments to be levied on each certain parcel of land within Community 23 Facilities District No. 1033 for the fiscal year 2013/2014. 24 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 25 CITY OF SAN BERNARDINO AS FOLLOWS: 26 SECTION 1. That the Mayor and Common Council do hereby find and determine that 27 28 the assessments as set forth on said Assessment Roll No. 1033 comply with the procedural 2 2013-157 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 1 CONFIRMING THE 2013/2014 SPECIAL TAX FOR CERTAIN PARCELS OF REAL PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT NO. 1033 FOR A PORTION OF THE OPERATION 2 AND MAINTENANCE COSTS OF THE VERDEMONT FIRE STATION. 3 4 requirements of Article XIII D of the California Constitution without the necessity of 5 following the assessment ballot procedures as set forth therein. 6 SECTION 2. That the Mayor and Common Council do hereby find and determine that 7 the proportionate costs to be levied against certain parcels of land within Community 8 Facilities District No. 1033 are correctly set forth on Assessment Roll No. 1033, for the fiscal 9 10 year 2013/2014, on file in the office of the City Clerk of the City of San Bernardino, and do 11 hereby confirm said assessments. 12 SECTION 3. That the City Clerk is directed to cause a copy of this Resolution to be 13 transmitted to the Office of the Auditor-Controller for the County of San Bernardino with the 14 request that the individual assessments be placed on the subject 2013/2014 property tax bills 15 16 for collection together with all other property taxes. 17 /// 18 /// 19 20 21 22 23 24 25 26 27 28 3 2013-157 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 1 CONFIRMING THE 2013/2014 SPECIAL TAX FOR CERTAIN PARCELS OF REAL PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT NO. 1033 FOR A PORTION OF THE OPERATION 2 AND MAINTENANCE COSTS OF THE VERDEMONT FIRE STATION. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a joint regular meeting 6 thereof held on the 17th day of June , 2013,by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 JENKINS x 11 VALDIVIA 12 13 SHORETT 14 KELLEY x 15 JOHNSON X 16 MCCAMMACK x 17 18 L/ 19 GEORG H A, City Clerk .IN 20 The foregoing resolution is hereby approved this t4 day of .Tune , 2013. 21 22 23 011. PAT ' CK J. M• , Mayor 24 rty of San Bernardino 25 Approved as to form: 26 27 J . PENMAN, City Attorney 28 4