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HomeMy WebLinkAboutReso - CC - 043-2009S RESOLUTION NO. 43 — 2009 RESOLUTION OF THE CITY OF BURLINGAME DIRECTING THAT THE STORM DRAINAGE FEES FOR BURLINGAME PARCELS BE PROVIDED TO THE COUNTY OF SAN MATEO FOR PLACEMENT ON THE 2009-2010 TAX BILLS RESOLVED, by the CITY COUNCIL OF THE CITY OF BURLINGAME that: WHEREAS, pursuant to, and in accordance with the provisions of, Article XIIID of the California Constitution (Proposition 218) the City of Burlingame held a mail ballot election on May 5, 2009 among property owners to consider the enactment of an annual storm drainage fee; and WHEREAS, the City Council had previously determined that the fee is a property - related fee within the meaning of and subject to Proposition 218 and the City Council had taken necessary steps to place the fee before property owners; and WHEREAS, the City Clerk has certified the results to the City Council and the City Council has declared the results by Resolution; and WHEREAS, City Council has declared the storm drainage fee to be approved and enacted; and WHEREAS, pursuant to Chapter 4.30 of the Burlingame Municipal Code the storm drainage fee is to be collected through the County tax bills; NOW, THEREFORE, IT IS HEREBY DETERMINED and ORDERED that: 1. The City Council directs that the storm drainage fees for properties identified in the Engineer's Report that was approved by the City Council on January 20, 2009, be provided to the County of San Mateo for collection through the property tax bills. For those properties whose fees have been modified pursuant to the appeal provisions of Chapter 4.30 prior to providing the County the list of properties and fees, the approved modified fee shall be provided to the County and shall be certified as correct by the Director of Public Works. Annually, the City Manager is directed to send the list of storm drainage fees for the next fiscal year with such changes and amendments, if any, as are approved by the City Council or the Director of Public Works pursuant to Chapter 4.30 of the Municipal Code to the County of San Mateo for collection through the property tax bills. 2. The City Manager is authorized to execute such papers as may be required by the County of San Mateo to place the storm drainage fee on the tax bills, including that agreement entitled Certification to and Indemnification of the County of San Mateo. k� LJ Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 2e -18th day of danaar-y May, 2009, by the following vote: AYES: COUNCILMEMBERS: DEAL, KEIGDRAN, NAGEL, sAYLOGR, 01MAHONY NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS: NONE City Clerk 2