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Attachment No. 6 - LMD 3 Resolution of Intent

Fontana City Council
June 10, 2025

Document
Attachment No. 6 - LMD 3 Resolution of Intent
Meeting
June 10, 2025
Body
Fontana City Council
Original file
107 KB
Text extracted from the city's file for reading and search. Open the original on fontana.legistar1.com. That file is the official record.

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RESOLUTION NO. 2025-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO.
3 “LMD #3” FOR FISCAL YEAR 2025- 2026 AND GIVING NOTICE OF

AND SETTING THE TIME AND PLACE OF THE HEARING ON THE
LEVY OF THE PROPOSED ASSESSMENT.

WHEREAS, on November 6, 1990, the City Council of the City of Fontana, (“City”) adopted Landscape Maintenance District No. 3 pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (the “Act”), for the maintenance and servicing of streets, landscaping, parkways and median islands; and

WHEREAS, the Act requires that the City comply with certain procedural and substantive requirements before levying its annual assessments; and

WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2025-2026 for LMD #3; and

WHEREAS, the City has retained the services of an assessment engineer, David Taussig & Associates (“ DTA”) and DTA has filed the required annual engineer’s report (the “Engineer’s Report”) with the City Clerk in accordance with the Act, and such Engineer’s Report has been presented to and was considered by the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:

SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby declares its intention to levy and collect assessments for LMD #3 during Fiscal Year 2025- 2026 pursuant to the Act. The area to be assessed is located in the City of Fontana, San Bernardino County, California.

The boundaries of LMD #3 are described in the Engineer’s Report on file in the office of the City Clerk and is incorporated herein by this reference.

SECTION 3. The purpose of LMD #3 is for maintenance and servicing of landscaping, irrigation, parkways, and medians and there are no proposed changes to be made to the existing improvements.

SECTION 4. The Engineer’s Report filed by DTA has been considered by the City Council at the meeting at which this Resolution has been adopted, and is hereby accepted. All interested parties are referred to the Engineer’s Report for a full and Resolution No. 2025-___
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detailed description of the work, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within LMD #3.

SECTION 5. The assessments are not proposed to increase from the previous year within the meaning of Streets and Highways Code, section 22630.5 and Government Code, section 54954.6.

SECTION 6. On Tuesday, July 8, 2025, at the hour of 2:00 p.m., during the course of its regularly scheduled meeting, the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held at the City Council Chambers at 8353 Sierra Avenue, Fontana, California.

SECTION 7. The City Clerk shall give notice of the time and place of said hearing by publishing a copy of this Resolution once in an adjudicated newspaper of general circulation not less than ten (10) days before the date of the hearing.

SECTION 8. This Resolution shall become effective immediately upon its adoption.

Resolution No. 2025-___
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APPROVED AND ADOPTED 10th day of June, 2025.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 10 th day of June,
2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

___________
City Clerk of the City of Fontana

____________
Mayor of the City of Fontana

ATTEST:

___________
City Clerk

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