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HomeMy WebLinkAboutCC RESO 98-89RESOLUTION NO. 98 - 89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE 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 previously formed a special maintenance district 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 "1972 Act"), said special maintenance district known and designated as Landscape Maintenance District No.1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and, WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the improvements in said Maintenance District; and, WHEREAS, there ,has been presented and approved by this City the Assessment Engineer's Report ("Report"), as required by the 1972 and Article XIIID of the Constitution ("Article XIIID"), and this City Council is desirous of continuing with the proceedings for said annual levy. 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 levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the above -referenced Maintenance District, said improvements generally described as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. BOUNDARIES OF MAINTENANCE DISTRICT Section 3. That said works of improvement are of special benefit to the properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area specially benefited by said works of improvement, and Resolution No. 98 - 89 July 21, 1998 Page Two for particulars, reference is made to the boundary map 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, and is designated by the name of this Maintenance District. REPORT OF ENGINEER Section 4. That the "Report" of the Engineer, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said "Report" for a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. PUBLIC MEETING AND PUBLIC HEARING/PROTESTS Section 5. NOTICE IS HEREBY GIVEN THAT A PUBLIC MEETING AND A PUBLIC HEARING ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 1243 NATIONAL CITY BLVD., NATIONAL CITY, CALIFORNIA, ON THE FOLLOWING DATES AND TIMES: A. PUBLIC MEETING: B. PUBLIC HEARING: JULY 29, 1998 AT 5:00 P.M. AUGUST 4, 1998 AT 3:00 P.M. ALL INTERESTED PERSONS SHALL BE AFFORDED THE OPPORTUNITY TO HEAR AND BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS AND ALL WRIT LLN PROTESTS OR COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSONS. THE CITY COUNCIL SHALL ALSO DETERMINE WHETHER (A) BALLOTS SUBMITTED PURSUANT TO ARTICLE XIIID IN OPPOSITION TO THE PROPOSED INCREASE IN ASSESSMENTS FOR FISCAL YEAR 1998-1999 WITHIN THE ASSESSMENT DISTRICT EXCEED BALLOTS SUBMITTED IN FAVOR OF SUCH PROPOSED INCREASE IN ASSESSMENTS OR (B) THE OWNERS OF A MAJORITY OF THE AREA OF THE PROPERTY IN THE ASSESSMENT DISTRICT HAVE FILED SEPARATE WRITTEN PROTESTS AGAINST THE PROPOSED INCREASE ASSESSMENTS FOR FISCAL YEAR 1998-1999. Signature Page to Follow Resolution No. 98 - 89 July 21, 1998 Page Three PASSED and ADOPTED this 21' day of July 1998. Al lEST: Mich el R. Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney By. Rudolf Hradecky, Esq. enior Assistant City Attorney George H. Waters, Mayor