72R-328
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RESOLUTION NO. 72R- 328
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, DECLARING ITS INTENTION
TO ORDER THE FORMATION OF A MAINTENANCE DISTRICT
TO BE KNOWN AND DESIGNATED AS THE ANAHEIM HILLS
MAINTENANCE DISTRICT IN SAID CITY; DESCRIBING
THE DISTRICT TO BE BENEFITED BY SAID MAINTENANCE
WORK AND TO PAY THE COSTS AND EXPENSES THEREOF;
AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS
TO SAID MAINTENANCE DISTRICT.
WHEREAS, the City Council of the City of Anaheim,
California, pursuant to the provisions of the "Improvement Act
of 1911", being Division 7 of the Streets and Highways Code of
the State of California, and specifically Chapter 26 thereof,
does hereby resolve as follows:
SECTION 1: That the public interest and convenience re-
quire and it is the intention of the City Council of the City of Ana-
heim, California, to order the formation of the ANAHEIM HILLS MAIN-
TENANCE DISTRICT within incorporated territory of the City of Ana-
heim to perform the following maintenance work to be done, to wit:
DESCRIPTION OF MAINTENANCE WORK
FIRST: The maintenance of certain equestrian trails,
together with appurtenant work in connection therewith, in
ANAHEIM HILLS AREA
all presently dedicated equestrian trails as shown on
Exhibit "All, on file in the office of the City Clerk and by reference
made a part hereof as though set forth in full, or to be dedicated
equestrian trails as said trails and the area are developed. Refer-
ence is hereby made to a map, designated map of MASTER PLAN FOR ANAHEIM
HILLS hereto approved and on file in the office of the City Clerk and
by reference made a part hereof as though set forth in full, marked
Exhibit "B", which generally shows the general nature, location and
extent of the proposed equestrian trails, dedicated to the City of
Anaheim, California, or to be dedicated in the future.
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All of said maintenance work and improvement to be done
shall be generally performed along the line, and the places and in
the manner generally as shown on the map above referenced on file in
the office of the City Clerk of said City. The description of the
maintenance work as shown on said map is general in nature and the
exact location and extent and termini of said equestrian trails may
be modified as said Anaheim Hills Area is developed and as said eques-
trian trails are actually dedicated to the City. For a general des-
cription and nature of the improvement, reference is hereby made to
a map also on file in the office of the City Clerk of said City.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. Said contemplated maintenance work and im-
provement, in the opinion of the City Council, is of local public
benefit, and of such nature that the costs and expenses shall be
assessed upon the land only within the assessment district, and said
City Council hereby makes the costs and expenses of said maintenance
work and improvement chargeable upon a district, which district the
said City Council hereby declares to be the district benefitted by said
maintenance work and ,improvement and to be assessed to pay the costs
and expenses thereof and which district is hereby described as follows:
All that certain land within the City of Anaheim,
California, except property belonging to the City of
Anaheim California and in use in the performance of
a public function shall be omitted from assessment,
included within the exterior boundary lines shown on
that certain map and the exhibits on file in the office
of the City Clerk and by reference made a part hereof
as though set forth in full, all marked Exhibit "Ct!.
Said map entitled Map of ANAHEIM HILLS MAINTENANCE
DISTRICT for said maintenance improvement work hereto
approved by the City Council and on file in the office
of the City Clerk of said City.
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THE ASSESSMENT OBLIGATION
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The City Council in each year prior to the time of fixing
the tax rate, shall estimate the next year's costs of maintaining and
operating the dedicated equestrian trails to be maintained within said
maintenance district within the ensuing year. The obligation of main-
tenance shall only extend to the equestrian trails dedicated and in
public use at the time. In addition to all other taxes, the City Council
shall fix a special tax rate for the land within said maintenance dist-
rict sufficient to raise an amount of money to cover the expense of
maintaining said improvements during the next ensuing year and the City
Council shall levy a special assessment tax each year subsequent hereto
upon the land in such district sufficient to pay such expenses for the
improvements. The special assessment tax shall be levied and collected
at the same time and in the same manner as the general tax levy and when
collected shall be paid into the City Treasury to the credit of the fund
of the maintenance district to be used for the payment of the maintenance
expenses of said district.
TIME AND PLACE OF HEARING
SECTION 4. Notice is hereby given that on Tuesday, the 5th
day of September, 1972, at the hour of 1:30 o'clock P.M. at the Council
Chambers located at the City Hall, City of Anaheim, California, any and
all persons having any objections to the proposed formation of the main-
tenance district or the maintenance work thereof, may appear and show
cause why said maintenance work should not be done or carried out in
accordance with this Resolution of Intention and why said maintenance
district should not be so ordered by the City Council. Protests are to
be in writing and must be delivered to the City Clerk prior to the time
set for the hearing.
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IMPROVEMENT ACT
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SECTION 5. That the proceedings for the aforesaid forma-
tion of the maintenance district shall be under the provisions and in
accordance with Division 7 of the Street and Highways Code of the State
of California, the "Improvement Act of 1911."
DEBT LIMIT REPORT AND INVESTIGATION
SECTION 6. The provisions of the "SPECIAL ASSESSMENT IN-
VESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 193111 shall not be
applicable to these proceedings for the formation of a maintenance
district pursuant to Section 2806 of the Streets and Highways Code of
the State of California.
SECTION 7. The "Anaheim Bulletin", a newspaper published
and of general circulation in the City of Anaheim, California, is hereby
designated as the newspaper in which "Notices of the Proposed Formation
of the Anaheim Hills Maintenance District" shall be published by the
City Clerk in the manner and form provided by law.
SECTION 8. The City Clerk shall certify to the passage of
this Resolution and shall cause a "Notice of the Proposed Formation of
the Anaheim Hills Maintenance District" to be published twice by two
(2) separate, consecutive insertions in the above -designated newspaper.
The first publication shall be made not less than ten (10) days prior to
the date of the public hearing stated herein.
SECTION 9. The City Clerk is directed to mail Notices of
the adoption of this Resolution of Intention to all persons owning real
property proposed to be assessed, whose names and addresses appear on
the last equalized assessment roll for City taxes, all in the manner
and form provided for under Section 5070, 5194 and 5195 of the "Improv-
ment Act of 1911", of the Streets and Highways Code of the State of
California.
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SECTION 10. The Superintendent of Streets of the City of
Anaheim, California, shall cause to be conspicuously posted along the
line of said contemplated work or improvement and along all open streets
within the district liable to be assessed for said work, Notices of the
passage of this Resolution of Intention in the time, form and manner
provided by said Code.
APPROVED and ADOPTED this 1st day of August, 1972.
ATTEST:
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CI CLERK OF THE CITY OF ANAHEIM,
CALIFORNIA.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF ANAHEIM )
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
California, DO HEREBY CERTIFY that the foregoing Resolution, being
Resolution No. 72R-328, was duly passed, approved and adopted by
said City Council, approved and signed by the Mayor, and attested
by the City Clerk, all at a regular meeting of said City Council
held on the 1st day of August, 1972, and that the same was passed
and adopted by the following vote, to wit:
AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom
and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
DATED this 1st day of August, 1972.
(SEAL)
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CITY CLERK OF THE CITY OF ANAHEIM, CALIFORNIA
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
~~Ri~~2~ulY passed and adoptj:jbY the Anahei~~itY Council on August
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City Clerk
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