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HomeMy WebLinkAboutCC RESO 94-189RESOLUTION NO. 94-189 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO ORDER THE FORMATION OF AN ASSESSMENT DISTRICT AND SETTING A TIME AND PLACE FOR PUBLIC MEETING AND PUBLIC HEARING THEREON WHEREAS, the City Council of the City of National City has ordered and approved an Engineer's "Report" for certain special assessment district proceedings pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Landscaping and Lighting Act"), in what is known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "Assessment District"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. That the above recitals are all true and correct. DECLARATION OF INTENTION Section 2. That the public interest and convenience requires, and it is the intention of this legislative body to order the formation of an assessment district and to levy and collect assessments to pay the costs and expenses for the following designated maintenance: The maintenance of median and sidewalk landscaping, sidewalks and street lighting facilities along National City Boulevard between 18th Street and along 24th and 25th Streets between National City Boulevard and Transportation Avenue, and the payment of street lighting energy charges. BOUNDARIES OF ASSESSMENT DISTRICT Section 3. That the maintenance of the above improvements are of direct benefit to the properties within the boundaries of the Assessment District, which District the legislative body previously declared to be the area benefitted by the maintenance of the above improvements, and for particulars reference is made to the proposed boundary map designated by the name of this Assessment District as previously approved by this legislative body, a copy of which is on file in the Office of the City Clerk and open for public inspection. Continued on Page Two Resolution No. 94-189 Page 2 of 4 ASSESSMENTS Section 4. The public interest and convenience requires, and it is the intention of this legislative body to order the annual levy of assessments for the maintenance of the above improvements as set forth and described in the Engineer's "Report." REPORT OF ENGINEER Section 5. That the "Report" of the Engineer on file with the City Clerk, setting forth a full and detailed description of the maintenance of the above improve- ments, the boundaries of the proposed Assessment District and the proposed assessment upon assessable lands, as previously approved, is on file in the Office of the City Clerk and open for public inspection. Reference is made to said document for all particulars relating to these proceedings. PUBLIC MEETING AND HEARING Section 6. NOTICE IS HEREBY GIVEN THAT A PUBLIC MEETING AND A PUBLIC HEARING ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, ON THE FOLLOWING DATES AND TIMES: A. PUBLIC MEETING: ON JANUARY 17, 1995, AT 4:00 P.M. B. PUBLIC HEARING: ON FEBRUARY 7, 1995, AT 4:00 P.M. AT SUCH PUBLIC MEETING AND PUBLIC HEARING, THE CITY COUNCIL SHALL HEAR PROTESTS OR OBJECTIONS TO THE FORMATION OF THE PROPOSED ASSESSMENT DISTRICT, TO THE EXTENT OF THE MAINTE- NANCE OF THE ABOVE IMPROVEMENTS, AND TO THE METHOD AND FORMULA OF THE ASSESSMENT. ANY PERSON WISHING TO OBJECT TO THESE PROCEEDINGS AND ALL MATTERS AS SET FORTH IN THIS RESOLU- TION OF INTENTION MUST FILE A WRITTEN PROTEST STATING ALL GROUNDS OF OBJECTION WITH THE CITY CLERK PRIOR TO THE CONCLU- SION OF THE PUBLIC HEARING. Continued on Page Three Resolution No. 94-189 Page 3 of 4 UPON THE CONCLUSION OF THE PUBLIC HEARING, THE CITY COUNCIL SHALL DETERMINE WHETHER A MAJORITY PROTEST EXISTS. A MAJORITY PROTEST EXISTS IF WRI11'hN PROTESTS FILED AND NOT WITHDRAWN REPRESENT THE PROPERTY OWNERS OWNING MORE THAN 50% OF THE AREA OF ASSESSABLE LANDS WITHIN THE PROPOSED ASSESSMENT DISTRICT. FOR PURPOSES OF MAKING SUCH DETERMINA- TION, THE EXTENT OF ASSESSABLE PROPERTY WITHIN THE PROPOSED ASSESSMENT DISTRICT SHALL BE ADJUSTED IN ACCORDANCE WITH ANY ORDERS OF THE CITY COUNCIL TO EXCLUDING AREA FROM OR INCLUDING ADDITIONAL AREA WITHIN THE PROPOSED ASSESSMENT DISTRICT. IF THE CITY COUNCIL DETERMINES THAT A MAJORITY PROTEST EXISTS, PROCEEDINGS FOR THE FORMATION OF THE ASSESSMENT DISTRICT SHALL BE ABANDONED. PUBLIC AND UTILITY PROPERTY Section 7. That it is hereby determined that public property owned by any public agency and in the use and performance of a public function and which is included within the boundaries of this Assessment District shall be omitted and exempt from any assessment made under these proceedings. If any railroad, gas, water or electric utility right-of-way shall be included within the boundaries of the Assessment District and subject to assessment, in determining the extent of benefit it shall be presumed that its use as a utility shall be permanent. NOTICE Section 8. That the City Clerk is hereby directed to mail notice of said public meeting and Public Hearing and the adoption of the Resolution of Intention and of the filing of the "Report" to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for County taxes prior thereto, or as known to the City Clerk, and to all persons as prescribed in accordance with the provisions of the Landscaping and Lighting Act. PROCEEDINGS INQUIRIES Section 9. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Continued on Page Four Resolution No. 94-189 Page 4 of 4 PAUL DESROCHERS, EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY 140 E. 12TH STREET, SUITE B NATIONAL CITY, CA 91950 TELEPHONE: (619) 336-4250 Written protests should be addressed to the City Clerk and mailed to the address listed below: LORI ANNE PEOPLES, CITY CLERK CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 PASSED and ADOPTED this 20th day of December, 1994. ATTEST: Lor Anne Peoples, City Clerk APPROVED AS TO FORM: /4 /3 g":21It George H. Eiser, III City Attorney George H. aters, Mayor