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HomeMy WebLinkAbout2013-161 1 RESOLUTION NO. 2013-161 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. 1038, LANDSCAPING MAINTENANCE DISTRICT, 4 ORANGE SHOW ROAD AND ARROWHEAD AVENUE AREA. 5 WHEREAS, by Resolution No. 2005-108, 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. 2005-108, the Mayor and Common Council 9 formed an assessment district known as Assessment District No. 1038 for the purpose of 10 providing landscaping maintenance in the Orange Show Road and Arrowhead Avenue area, 11 pursuant to the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and 12 WHEREAS, by Resolution No. 2004-390, the Mayor and Common Council declared 13 that all the land included within the boundaries of said district receive a special benefit by the 14 maintenance of said landscaping except for those portions, if any, set forth as a General 15 Benefit in the Engineer's Report approved by said Resolution No. 2005-108, on file in the 16 Office of the City Clerk and the City Engineer of said City; and 17 WHEREAS, said Resolution No. 2004-390 declared that an annual assessment shall 18 be levied on all land within the district to provide funding for said landscaping maintenance 19 and the administration thereof; and 20 WHEREAS, by Resolution No. 2005-109, the Mayor and Common Council 21 approved a Landscape Maintenance Agreement with the property owner to allow the property 22 within the District to be maintained by a Property Owner's Association and only bear the cost 23 of inspection and incidental administrative costs so long as the property is maintained 24 pursuant to the conditions set forth in said Agreement; and 25 WHEREAS, an Assessment Roll has been prepared totaling $3,073.47, which sets 26 forth the individual assessments to be levied on each of the parcels of land within Assessment 27 District No. 1038 for the fiscal year 2013/2014 for inspection and incidental costs; and 28 1 2013-161 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2013/2014 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1038, LANDSCAPING MAINTENANCE DISTRICT, ORANGE SHOW ROAD AND ARROWHEAD 2 AVENUE AREA. 3 WHEREAS, the Assessment District was created pursuant to the provisions of 4 Article XIII D of the California Constitution, which provides for the levying of annual 5 assessments without the necessity of following the assessment ballot procedures as long as 6 said assessments do not exceed any prior approved assessment or the methodology of 7 applying assessments is not changed or rates are not increased. 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 9 CITY OF SAN BERNARDINO AS FOLLOWS: 10 SECTION 1. That the Mayor and Common Council do hereby find and determine that 11 the assessments as set forth on said Assessment Roll No. 1038 comply with the procedural 12 requirements of Article XIII D of the California Constitution without the necessity of 13 following the assessment ballot procedures as set forth therein. 14 SECTION 2. That the Mayor and Common Council do hereby find and determine that 15 the proportionate costs to be levied against the parcels of land within Assessment District No. 16 1038 are correctly set forth on Assessment Roll No. 1038, for the fiscal year 2013/2014, on 17 file in the office of the City Clerk of the City of San Bernardino, and do hereby confirm said 18 assessments. 19 SECTION 3. That the City Clerk is directed to cause a copy of this Resolution to be 20 transmitted to the Office of the Auditor-Controller for the County of San Bernardino with the 21 request that the individual assessments be placed on the subject 2013/2014 property tax bills 22 for collection together with all other property taxes. 23 /// 24 /1/ 25 26 27 28 2 • 2013-161 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2013/2014 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1038, LANDSCAPING MAINTENANCE DISTRICT, ORANGE SHOW ROAD AND ARROWHEAD 2 AVENUE AREA. 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 17 t1, 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 x 12 13 SHORETT x 14 KELLEY x 15 JOHNSON x 16 MCCAMMACK x 17 18 /_ dnc� 1 19 GEORGE HANNA, City Clerk 20 The foregoing resolution is hereby approved this la day of JUDe , 2013. 21 22 23 PA • CK J. MO Mayor 24 ' of San Bernardino 25 Approved as to form: 26 ► � 27 J . PENMAN, City Attorney 28 � 3