HomeMy WebLinkAboutCC RESO 2004 - 122RESOLUTION NO. 2004 — 122
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 the 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 Act and Article XIIID inasmuch as the proposed assessments for
the Fiscal Year 2004-05 are not proposed to be increased over the assessment
previously authorized to be levied.
Resolution No. 2004 — 122
July 6, 2004
Page Two
DETERMINATION AND CONFIRMATION
Section 3. The final assessment and diagram for the proceedings, as
contained in the Assessment Engineer's Report, is herby 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 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.
Resolution No. 2004 — 122
July 6, 2004
Page Three
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 the 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 the County taxes are collected, and all laws providing for the collection
and enforcement of the 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 related to the fiscal year commencing July 1,
2004 and ending June 30, 2005.
PASSED AND ADOPTED this 6th day of July, 2004.
ATTEST:
A
Michel R. Dalla, Cyiy Clerk
Nick nzunz., or
APPROVED AS TO FROM:
George H. Eiser, III
City Attorney