HomeMy WebLinkAboutCC RESO 98-101RESOLUTION NO. 98 - 101
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY CONFIRMING
THE DIAGRAM AND ASSESSMENT AND PROVIDING
FOR THE LEVY OF THE ANNUAL ASSESSMENT
IN A SPECIAL MAINTENANCE DISTRICT
WHEREAS, the City Council of the City of National City, California, has
initiated proceedings for the levy of the annual assessment in a special maintenance district
created 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
Act"), Article XIIID of the Constitution of the State of California and the Proposition 218
Omnibus Implementation Act (Government Code Section 53750 and following; Article XIIID
and such implementation act may be referred to collectively herein as "Article XIIID"), in a
special maintenance district known and designated as Landscape Maintenance District No. 1
(hereinafter referred to as the "District"); and
WHEREAS, at this time all notice and public hearing requirements have been
met relating to the levy of the annual assessments; and
WHEREAS, the City Council has received a report from the Assessment
Engineer (the "Assessment Engineer's Report") and this City Council is now satisfied with the
assessment and diagram and all other matters as contained in the Assessment Engineer's Report
as now submitted for final consideration and approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City as follows:
RECITALS
Section 1. The above recitals are all true and correct.
PROCEDURES
Section 2. The City Council hereby finds and determines that the procedures
for the consideration of the levy of the annual assessment have been undertaken in accordance
with both the Act and Article XIIID inasmuch as the proposed assessments for Fiscal Year
1998-1999 are not proposed to be increased over the assessments previously authorized to be
levied.
DETERMINATION AND CONFIRMATION
Section 3. The final assessment and diagram for the proceedings, as contained
in the Assessment Engineer's Report, is hereby approved and confirmed.
Resolution No. 98 — 101
August 4, 1998
Page Two
Based upon the Assessment Engineer's Report and the testimony and other
evidence presented at the public hearing, the City Council hereby makes the following
determinations regarding the assessments proposed to be imposed:
a. The proportionate special benefit derived by each individual parcel
assessed has been determined in relationship to the entirety of the cost of
the operations and maintenance expenses.
b. The assessments do not exceed the reasonable cost of the proportional
special benefit conferred on each parcel.
c. Only the special benefits have been assessed.
d. There are no publicly owned parcels within the District.
The assessments for the District contained in the Assessment Engineer's Report
for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels in
the District in the amounts as set forth in such Assessment Engineer's Report.
ORDERING OF MAINTENANCE
Section 4. The public interest and convenience requires, and this legislative
body does hereby order the maintenance work to be made and performed as said maintenance
work is set forth in the Assessment Engineer's Report and as previously declared and set forth
in the Resolution of Intention.
FILING WITH CITY CLERK AND CITY ENGINEER
Section 5. The above -referenced diagram and assessment shall be filed in the
Office of the City Clerk, with a certified copy to be filed in the Office of the City Engineer.
Said diagram and assessment and the certified copy thereof, shall be open for public
inspection.
FILING WITH THE COUNTY AUDITOR
Section 6. The City Clerk is hereby ordered and directed to immediately file a
certified copy of the diagram and assessment with the County Auditor. Said filing to be made
no later than the 3rd Monday in August.
ENTRY UPON THE ASSESSMENT ROLL
Section 7. After the filing of the diagram and assessment the County Auditor
shall enter on the County assessment roll opposite each lot or parcel of land the amount
assessed thereupon, as shown in the assessment.
Resolution No. 98 - 101
August 4, 1998
Page Three
COLLECTION AND PAYMENT
Section 8. The assessments shall be collected at the same time and in the same
manner as County taxes are collected, and all laws providing for the collection and
enforcement of County taxes shall apply to the collection and enforcement of the assessments.
FISCAL YEAR
Section 9. The assessments as above authorized and levied for these
proceedings will provide revenue and relate to the fiscal year commencing July 1, 1998 and
ending June 30, 1999.
PASSED and ADOPTED this 4th day of August, 1998.
George H. aters, Mayor
ATTEST:
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Mi hael R. Dall
Cit
y Clerk
APPROVED AS TO FORM:
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George H. Eiser, III
City Attorney