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HomeMy WebLinkAboutCC RESO 2002 - 121RESOLUTION NO. 2002 - 121 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 mailers 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 2002- 03 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. 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 flied 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. 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, 2002 and ending June 30, 2003. PASSED and ADOPTED this 6th day of August, 2002. ATTEST: APPROVED AS TO FORM: INF George H. Eiser, III City Attorney George H. aters, Mayor