HomeMy WebLinkAboutCC RESO 2003 - 114RESOLUTION NO. 2003 — 114
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 2003-04 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:
Resolution No. 2003 —114
August 5, 2003
Page Two
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.
Resolution No. 2003 — 114
August 5, 2003
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, 2003
and ending June 30, 2004.
PASSED and ADOPTED this 5th day of August, 2003.
ATTEST:
4
Michael R. Della, ty Clerk
APPROVED AS TO FORM:
gse, .toe
George H. Eiser, III
City Attorney