2004-145RESOLUTION NO. 2004-145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDING FOR THE LEVY OF THE
ANNUAL ASSESSMENT IN AND FOR THE ANAHEIM
RESORT MAINTENANCE DISTRICT.
WHEREAS, the City Council of the City of Anaheim, California, previously
formed a special maintenance district designated the ANAHEIM RESORT
MAINTENANCE DISTRICT (the "Maintenance District") pursuant to the terms of
Ordinance No. 5670 of the City of Anaheim (the "Ordinance"), which Ordinance
incorporates the provisions 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 "Act"), except
as provided in the Ordinance;
WHEREAS, based upon the presentation of staff and review of the assessment
Engineer's Report for the Maintenance District, it is hereby determined as follows:
1. There are no new improvements or zones for the next fiscal year;
All improvements to be maintained are within existing public streets, rights-of-way,
or easements of the City;
o
No assessments are proposed to be increased (other than an authorized adjustment
for inflation based on the Consumer Price Index) from those as levied for the prior
fiscal year;
WHEREAS, at this time all notice and public hearing requirements have been met
relating to the levy of the annual assessments 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, It Is Hereby Determined and Resolved as follows:
RECITALS
SECTION 1. The above recitals are all true and correct.
PROTESTS
SECTION 2. All protests and objections of every kind and nature be, and the same
hereby are. overruled and denied.
CONFIRMATION
SECTION 3. The final assessment and diagram for the proceedings, as contained
in the Assessment Engineer's Report, is hereby approved and confirmed.
SECTION 4. The public interest and convenience requires, and this legislative
body does hereby order the maintenance and improvements to be made and performed as set forth
in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of
intention adopted by this City Council on May 25, 2004.
SECTION 5. The assessments contained in the Assessment Engineer's Report for
the next fiscal year are hereby confirmed and levied upon the respective lots of parcels of land in
the District in amounts as set forth in the Final Assessment Engineer's Report. It is hereby further
determined that all costs and expenses of the works of improvement and incidental expenses have
been apportioned and distributed to the benefitting parcels in accordance with the special benefits
received from the proposed work.
FILING AND RECORDING
SECTION 6. The above-referenced diagram and assessment for the Maintenance
District shall be filed in the Office of the City Clerk, with a certified copy filed in the Office of the
City Engineer. The diagram and assessment shall be open for public inspection.
SECTION 7. 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 3r° Monday in August.
ENTRY UPON THE ASSESSMENT ROLL
SECTION 8. 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 9. 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 10. The assessments as above authorized and levied for these proceedings
will provide revenue and relate to the fiscal year commencing July 1, 2004 and ending June 30,
2005.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 15th day of June ,2004, by the following roll
call vote:
AYES'
Mayor Pringle,
NOES: none
Council Members Tait, Chavez,Hernandez~, MCCracken
ABSENT: none
ABSTAIN: none
By
~ITY !LERK OF
MAYOR OF THE CITY ANAHEIM
36075.4