HomeMy WebLinkAboutCC RESO 2004 - 98RESOLUTION NO. 2004 — 98
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
STATING ITS INTENTION TO ESTABLISH
THE DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT
AND TO LEVY AND COLLECT ASSESSMENTS WITHIN SUCH DISTRICT
PURSUANT TO THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW
OF 1994, PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS AND HIGHWAYS
CODE AND APPOINTING A TIME AND PLACE FOR
HEARING OBJECTIONS THERETO
WHEREAS, the Property and Business Improvement District Law of 1994,
Part 7 of Division 18 of the California Streets and Highways Code, commencing with
Section 36600, (the "Law") authorizes cities and counties to establish, for up to five
years initially, property and business improvement districts ("PBID") to promote the
economic revitalization and physical maintenance of business districts; and
WHEREAS, the Law authorizes cities to levy and collect assessments on
real property within such districts for the purpose of providing improvements and
promoting activities that specially benefit real property within such districts; and
WHEREAS, Articles XIIIC and XIIID of the California Constitution and
Section 53753 of the California Government Code impose certain procedural and
substantive requirements relating to the levy of new or increased assessments; and
WHEREAS, a written petition has been submitted by property owners
within Downtown National City requesting the City Council to initiate proceedings
pursuant to the Law to establish the Downtown National City Management District for a
five (5) year period; and
WHEREAS, such petition was signed by property owners in the proposed
district who will pay more than fifty percent (50%) of the assessments proposed to be
levied; and
WHEREAS, a Management District Plan entitled the "Downtown National
City Management District Plan" (the "Management District Plan") and a District
Assessment Engineer's Report has been prepared and submitted to the City Clerk,
containing all of the information required by Section 36622 of the Law, including a
description of the boundaries of the district, the improvements and activities proposed
for the district, and the cost of such improvements and activities. Said documents are
on file in the office of the City Clerk.
follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council declares as
Resolution No. 2004 — 98
June 15, 2004
Page 2
Section 1. Pursuant to Section 36621(a) of the Law, the National City Council
Members declares its intention to establish for five years, "The Downtown National City
Management District" (the "District") and to levy and collect assessments against lots
and parcels of real property within the District, commencing with fiscal year 2004-05.
Section 2. The Council Members hereby approves the Management District
Plan, on file in the office of the City Clerk.
Section 3. The City Clerk shall make the Management District Plan and other
documents related to the District available to the public for review during normal
business hours.
Section 4. NOTICE IS HEREBY GIVEN that the Council Members shall
conduct a public hearing to establish the District and to levy and collect assessments for
fiscal year 2004-05 on August 3, 2004 at 6:00 p.m. or as soon thereafter as the matter
may be heard, in the National City Council Chambers located at 1243 National City
Boulevard. At the public hearing, the Board will consider all objections or protests, if
any, to the proposed establishment of the District and the proposed assessment. Any
interested person may present written or oral testimony at the public hearing.
Section 5. The boundaries of the proposed District are included in the
Management District Plan. See Plan for description.
Section 6. The proposed activities for the District include streetscape,
sidewalk, parkway and street fumiture maintenance, repair and replacement including
but not limited to trees, sidewalk pavement, sidewalk bollards, street fumiture, trash
receptacles and street lights as well as periodic landscape maintenance and steam
cleaning services which benefit businesses and real property located in the District.
Section 7. The assessment proposed to be levied and collected for fiscal year
2004-05 is $240,772.01. The amount to be levied and collected for subsequent years
may be increased, by an amount not to exceed five percent (5%) per year in
accordance with increases in the Consumer Price Index for all Urban Consumers.
Section 8. The City Clerk or designee, is hereby authorized and
directed to give notice of the public hearing as provided in Section 53753 of the
Government Code and Article XIIID, Section 4 of the California Constitution.
--- Signature Page to Follow ---
Resolution No. 2004 — 98
June 15, 2004
Page 3
PASSED and ADOPTED this 15th day of June, 2004.
ATTEST:
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Mi alla, Ci Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney