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2005-049RESOLUTION N0.2005- 4g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN THE ANAHEIM RESORT MAINTENANCE DISTRICT, AND SETTING A TIIVIE AND PLACE FOR PUBLIC HEARING THEREON 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, the public interest and convenience requires the same, at this time the City Council desires to undertake proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance and improvements in and for the Maintenance District; WHEREAS, there has been presented and approved by this City Council the Assessment Engineer's Report and this City Council is desirous of continuing with the proceedings for said annual levy; NOW, THEREFORE, It IS Hereby Determined and Resolved as follows: RECITALS SECTION 1. The above recitals are ali true and correct. DECLARATION OF INTENTION SECTION 2. For the fiscal year commencing July 1, 2005 and ending June 30, 2006, it is the intention of this legislative body to levy and collect an annual special assessment to pay the cost of annual maintenance and improvements within the Maintenance District against those parcels which specially benefit from the maintenance and improvements as described in the Assessment Engineer's Report. The maintenance and improvements for the Maintenance District are generally described as follows: In public places within the Maintenance District, the installation, acquisition, maintenance, operation and servicing of the following: landscaping along parkways and medians; hardscape such as sidewalks, monuments, and walls; ornamental tree lighting and signage; signing and stripping and ornamental fixtures and decorating for streets and bridges; street features such as banners, bus shelters, customized newspaper racks; traffic signals and fixtures; and incidental expenses therefor including reserves and administration. BOUNDARIES OF MAINTENANCE DISTRICT SECTION 3. The maintenance and improvements are of special benefit to the properties within the boundaries of the Maintenance District, which Maintenance District the legislative body previously declared to be the area benefitted by said maintenance and improvements, and, for particulars, reference is made to the boundary map as previously approved by this legislative body, a copy of which is on file in the office of the City Clerk and open for public inspection. REPORT OF ASSESSMENT ENGINEER SECTION 4. The Assessment Engineer's Report, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said Report for a full and detailed description of the maintenance and improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. ASSESSMENTS SECTION 5. All costs and expenses of the maintenance, improvements, and incidental expenses have been apportioned and distributed to the benefitting parcels in accordance with the special benefits received from the proposed work. No assessments on any parcels within the Maintenance District are to be increased (other than an authorized adj ustment for inflation based on the Consumer Price Index} from those as levied for the last fiscal year. NOTICE; PUBLIC HEARING; PROTESTS SECTION 6. NOTICE IS HEREBY GIVEN that a public hearing is hereby scheduled by the City Council of the City of Anaheim at its regular meeting place, being the Council Chambers, City Hall, 200 South Anaheim Boulevard, Anaheim, CA, on May 24, 2005 at 5:30 p.m. At that time the City Council will consider and finally determine whether to levy the proposed annual assessment for the Anaheim Resort Maintenance District. At the public hearing the City Council will hear all protests relating to the proceedings, the estimate of the cost and expenses of the proposed maintenance and improvement, and the proposed annual assessment. Any and all persons interested may file a written protest prior to the conclusion of the public hearing or, having filed such a protest, may file a written withdrawal of that protest prior to the conclusion of the public hearing. Any written protest must state all grounds for objection. A written protest by a property owner must contain a description sufficient to identify the property owned by such person, e.g., assessor's parcel number. Any interested person may mail a protest to the following address: City Clerk City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 To be considered by the legislative body, all protests must be received prior to the conclusion of the public hearing. A postmark prior to such date and time will not be sufficient. PUBLICATION OF NOTICE S_ 1. The City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in a newspaper of general circulation within the City; said publication to be completed not less than ten (10) days prior to the date set for the public hearing. PROCEEDINGS INQUfftIES SECTION 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Budget Manager City Of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Telephone: (714) 756-5273 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26thday of April , 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM By MAYOR OF Tf~ C OF AHEIM ATTEST: .L CLERK Ole THE CITY OF ANAHEIM 35637.4 RESOLUTION NO. 2005 -49 A RESOLUTION OF THE 'JNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO PROVIDE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN THE ANAHEIM RESORT MIA... ENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Anaheim, California, previously formed a spe- cial 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 ivision 15, Part 2 of the Streets and Highways Code of the AFFIDAVIT OF PUBLICATION State of California (the "Act' except as provided in the Ordinance; WHEREAS, the public interest and convenience requires the same, at this time the City Council desires to undertake proceedings to provide for the annual levy of assessments for STATE. OF CALIFORNIA, the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance and improvements in and for the Maintenance District; SS. WHEREAS, there has beenpresented and approved by this City Council the Assess- ment Engineer's Report and this City Council is desirous of continuing with the proceed County of Orange ings for said annual levy; NOW, THEREFORE, It Is Hereby Determined and Resolved as follows: RECITALS I am a citizen of the United States and a resident SECTION 1. The above recitals are all true and correct. of the County aforesaid; I am over the age of DECLARATION OF INTENTION SECTION 2. For the fiscal year commencing July 1, 2005 and' ending June 30, 2006, eighteen years, and not a party to or interested in it is the intention of this legislative body to levy and collect an annual special assessment to pay the cost of annual maintenance and improvements within the Maintenance District against those parcels which specially benefit from the maintenance and improvements as the above entitled matter. I am the principal described in the Assessment Engineer's Report. The maintenance and improvements for the Maintenance District are generally described as follows: clerk of the Anaheim Bulletin, a newspaper that In public places within the Maintenance District, the installation, acquisition, mainte- nance, operation and servicing of the following: landscaping along parkways and medians; has been adjudged t0 be a newspaper Of general hardscape such as sidewalks, monuments, and walls; ornamental tree lighting and g signage; signing and stripping and ornamental fixtures and decorating for streets and bridges; street features such as banners, bus shelters, customized newspaper racks; traffic signals and fixtures; and incidental expenses therefor including reserves and administra- circulation by the Superior Court of the County tion. of Orange, State of California, on December 28, BOUNDARIES OF MAINTENANCE DISTRICT SECTION 3. The maintenance and improvements are of special benefit to the proper- ties within the boundaries of the Maintenance District, which Maintenance District the legis- 1951, Case No. A 21021 in and for the City of lative body previously declared to be the area benefitted by said maintenance and improve- ments, and, for particulars, reference is made to the boundary map as previously approved Anaheim, County of Orange, State of California; by this legislative body, a copy of which is on file in the office of the City Clerk and open for y public inspection. that the notice, of which the annexed is a true REPORT OF ASSESSMENT ENGINEER SECTION 4. The Assessment Engineer's Report, as preliminarily approved by this printed c0 has been published in each regular legislative body, is on file with the City Clerk and open for public inspection. Reference is p copy, 11 re g made to said Report for a full and detailed description of the maintenance and improve- ments to be maintained, the boundaries of the Maintenance District and any zones therein, and entire issue of said er an newspaper and not in any and the proposed assessments upon assessable lots and parcels of land within the Mainte- P h Y nance District. supplement thereof on the following dates, to ASSESSMENTS SECTION S. All costs and expenses of the maintenance, improvements, and inciden- wit: tal expenses have been apportioned and distributed to the benefitting parcels in accord- ance with the special benefits received from the proposed work. No assessments on any parcels within the Maintenance District are to be increased (other than an authorized adjust- ment for inflation based on the Consumer Price Index) from those as levied for the last fis- cal year. May 5, 2005 NOTICE; PUBLIC HEARING; PROTESTS SECTION 6. NOTICE IS HEREBY GIVEN that a public hearing is hereby sched- uled by the City Council of the City of Anaheim at its regular meeting place, being the Coun- cil Chambers, City Hall, 200 South Anaheim Boulevard, Anaheim, CA, on May 24, 2005 at "I certify (or declare) under the penalty of 5:30 p.m. At that time the City Council will consider and finally determine whether to levy the proposed annual assessment for the Anaheim Resort Maintenance District. At the pub- lic hearing the City Council will hear all protests relating to the proceedings, the estimate of perjury under the laws of the State of California the cost and expenses of the proposed maintenance and improvement, and the proposed annual assessment. Any and all persons interested may file a written protest prior to the conclusion of the public hearing or, having filed such a protest, may file a written withdraw that the foregoing is true and correct al of that protest prior to the conclusion of the public hearing. Any written protest must state all grounds for objection. A written protest by a property owner must contain a de- scription sufficient to identify the property owned by such person, e.g., assessor's parcel number. Executed at Santa Ana, Orange County, Any interested person may mail a protest to the following address: California, on City Clerk City of Anaheim Date: May 5, 2005 200 Anaheim, CA 9 805 Boulevard To be considered by the legislative body, al protests must be received prior to the con clusion of the public hearing. A postmark prior to such date and time will not be sufficient. 401: PUBLICATION OF NOTICE Signature SECTION 7. The City Clerk is hereby authorized and directed to give notice as re- quired by law by causing a copy of this Resolution to be published in a newspaper of gen- eral circulation within the City; said publication to be completed not less than ten (10) days prior to the date set for the public hearing. Anaheim Bulletin PROCEEDINGS INQUIRIES 625 N. Grand Ave. SECTION s. For any and all information relating to these proceedings, including in- Santa Ana, CA 92701 formation relating to protest procedure, your attention is directed to the person designated below: (714) 796 -2209 Budget Manager PROOF OF PUBLICATION City Of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Telephone: (714) 756 -5273 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26th day of April, 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sithu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By 'MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OFANAHEIM