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99-081RESOLUTION NO. 99R-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS, ADOPTING PROPOSE BOUND- ARY MAP AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT FOR A SPECIAL MAINTENANCE DISTRICT _ WHEREAS, the City Council of the City of Anaheim, at this time proposes to initiate proceedings for the formation a special maintenance district pursuant to the terms of Ordinance No. 5670 of the City of Anaheim (the "Ordinance"), said special main- tenance district designated as Anaheim Resort Maintenance District (hereinafter referred to as the "Maintenance District"); WHEREAS, at this time the City Council is desirous to undertake proceedings to provide for the annual levy of -- assessments to provide for the annual costs of improvements within the Maintenance District; WHEREAS, there has been submitted for approval a map designated by the name of the Maintenance District, generally showing the area and property to be assessed in the Maintenance District; WHEREAS, this legislative body is desirous to order the preparation of a Report, as required by the Ordinance. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED AS FOLLOWS: RECITALS SECTION 1. The above recitals are all true and correct. DECLARATION OF INTENTION SECTION 2. The public interest and convenience requires, and it is the intention of this legislative body to initiate, proceedings for the annual levy and collection of special assessments for the payment of annual costs for the following improvements: In public places within the Maintenance District, the maintenance (including procurement, repair or replace- ment of items necessary or convenient to said main- tenance, operation and servicing), operation and servicing of the following: landscaping along park- ways and medians; hardscape such as sidewalks, monu- ments and walls; ornamental tree lighting and signage; signing and striping and ornamental fixtures and decorations for streets and bridges; street features such as banners, bus shelters, and customized newspaper racks; traffic signals and fixtures, and incidental improvements related thereto. PROPOSED BOUNDARY OF MAINTENANCE DISTRICT SECTION 3. The map of the proposed Maintenance pistrict titled as "Proposed Boundaries of Anaheim Resort Maintenance District" and showing the boundary of the proposed Maintenance District and lands and property to be assessed to pay the costs and expenses of the proposed improvements is hereby approved and adopted. The original map of the proposed boundary of the proposed Maintenance District and one copy thereof shall be filed in the Office of the City Clerk. A certificate shall be endorsed • on the original and on at least one copy of the map evidencing the date and adoption of this resolution, and within fifteen (15) days after the adoption of a resolution fixing the time and place of a public hearing on the formation or extent of the Maintenance District, a copy of the map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided in Section 3111 of the Streets and Highways Code of the State of California. DESCRIPTION OF MAINTENANCE DISTRICT SECTION 4. The improvements, including the maintenance thereof, will provide a special and direct benefit to the lots and parcels of land within the boundary of the Maintenance District, and for a general description of the area and boundary of the proposed Maintenance District, reference is made to a map previously approved by this resolution, which map is to be kept on file in the Office of the City Clerk and open for public inspection. REPORT OF ASSESSMENT ENGINEER SECTION 5. The improvements are hereby referred to WILLDAN ASSOCIATES, Assessment Engineer, who is hereby directed to make and file the Report, as required by the provisions of the Ordinance, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the Ordinance, Article XIIID and the Implementation Act are referred to collectively as the 2 "Assessment Law"), which Report is to generally contain the following: A. Plans and specifications describing the general nature, location and extent of the existing and proposed improve- ments, an estimate of the cost of maintaining the improvements, and a diagram of the Maintenance District, all as prescribed in Part 2, Division 15, Chapter 1, Article 4 of the Streets and Highways Code of the State of California, as amended by the Ordinance; B. A maximum annual assessment of the estimated costs of the maintenance of all of the improvements to ultimately be maintained upon the completion and acceptance of thereof for maintenance, assessing the net amount upon all assessable lots or parcels of land within the Maintenance District in proportion to the special benefits received; together with a formula pursuant to which such maximum assessment may be adjusted annually for inflation; C. An annual assessment for Fiscal Year 1999-2000 of the estimated costs of the maintenance of those improvements to be maintained during such Fiscal Year, assessing the net amount upon all assessable lots or parcels of land within the Maintenance District in proportion to the special benefits received. Upon completion of the preparation of the Report, the orig- inal shall be filed with the City Clerk, who shall then submit the same to this legislative body for its immediate review and consideration. FISCAL YEAR SECTION 6. The Report shall include all costs and expenses of the maintenance, operation and servicing of the improvements, includ- ing incidental expenses related thereto, during the fiscal year commencing July 1, 1999 and ending June 30, 2000. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 4th day of May, 1999. MAYOR OF THE CIT F ANAHEIM ATTES -. .C.a--n-o2.-tee / ~ ~'`~ ~_ CITY CLERK OF THE CITY OF ANAHEIM 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-81 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 4th day of May, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly `" NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-81 on the 4th day of May, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 4th day of May, 1999. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-81 was duly passed and adopted by the City Council of the City of Anaheim on May 4th, 1999. CITY CLERK OF THE CITY OF ANAHEIM