Loading...
RES-2009-080RESOLUTION NO. 2009- 080 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 TIME AND PLACE FOR PUBLIC HEARING THEREON WHEREAS, the City Council ofthe 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 1Q72 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, the City Council of the City of Anaheim hereby Finds, Determines and Resolves as follows: RECITALS SECTION 1. The above recitals are all true and correct. DECLARATION OF INTENTION SECTION 2. For the fiscal year commencing July 1, 2009 and ending June 30, 2010, 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 striping 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 adjustment 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, Citv Hall, 200 South Anaheim Boulevard, Anaheim, California, at 5 :30 p.m., on June 9, 2009. 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. An_y 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 SECTION 7. 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 INQUIRIES 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 -5264 3 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of May 2009, by the following roll call vote, AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST 9,41 CIT OF THE CITY OF ANAHEIM sh; 4 CITY OF HEIM By: MAYOR OF THE CITY OF ANAHEIM �4 RESOLUTION NO. 2009- 080 V A RESOLUTION OF THE CIT. JNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO PRO °V56\ +Y VIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN THE ANAHEIM RESORT MAINTE- VJ maintenance district desig- ANC DISTRIC, AND SENG TIME AND PLACE "M intenance P Distric FO PUBLIC HEARING t THEREON WHEREAS the City T Coun of TTI the City A of Anaheim, California, reviously forme special Hated the ANAHE IM RESORT cil MAINTENANCE DISTRICT d a AFFI OF PUBLICATION No. 5670 of the City of Anaheim (the "Ordinance which Ordinance incorporates the provisions of the "Landscaping and pursuant to the terms of Ordinance ears Lighting ot of 1972", O being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act"), ex- Ligh as prrovided d in in the Ordinance; S WHEREAS, the public interest and convenience requires the same, at this time the City Council desires to undertake STATE OF CALIFORNIA, proceedings en es necessary to pay for the maintenance and mp ovements and for the MaintenanceoDistrict; de for the costs and ex SS. WHEREAS, there has been presented and approved by this City Council the Assessment Engineer's Report and this County of Orange 1 City Council is desirous of continuing with the proceedings for said annual levy; NOW, THEREFORE, the City Council of the City of Anaheim hereby Finds, Determines and Resolves as follows: I am a citizen of the United States and a resident RECITALS SECTION 1. The above recitals are all true and correct. of the County aforesaid; I am over the age of DECLARATION OF INTENTION 1, eighteen years, and not a a b h at a d col eot an d a spec al a commencing essme t post 30, 2010, intention of imp ovemelnsiwithin p rty to or interested in SECTION vv the aintenance District against those parcels which specially ay bene f rom of the annu maintenance tena and ce and improvements as descri- the above entitled matter. I am the principal bed in the Assessment Engineer's Report. The maintenance and improvements for the Maintenance District are generally described as follows: th In public places within the Maintenance District, the installation, acquisition, maintenance, operation and servicing of the clerk of the Anaheim Bulletin, a newspaper that fo tree llowlightiing: ng landscap and signa ge along sig nin pag rkways and stripi and media ng and ns; hardsornamen ca pfixe tu such res as and si d dewalks ecoratin g monume street s an an d d bridg walls; es or street namental fea- has been adjudged to be a newspaper of general m tares such as banners, bus shelters, customized newspaper racks; traffic signals and fixtures; and incidental expenses therefor including reserves and administration. Circulation by the Superior Court of the County BOUNDARIES OF MAINTENANCE DISTRICT SECTION 3. The maintenance and improvements are of special benefit to the properties within the boundaries of the of Orange, State of California, on December 28 this l a body and ym par s, which and, is for on fil particulars reference is made t o the boundary m as specti previousl on. approved by e [he office of the City Cler and open for lic in 1951, Case No. A -21021 in and for the City of REPORT OF ASSESSMENT ENGINEER 4. The Assessment Ennr's Anaheim, County of Orange, State of California; City E Clerkk and open for public iinspection Re ere ce s to said Report for a full and det detailed description of the main- with the tenance and improvements to be maintained, the boundaries of the Maintenance District and any zones and the that the notice, of which the annexed is a true rt proposed assessments upon assessable lots and parcels of land within the Maintenance District. ASSESSMENTS printed copy, has been published in each regular SECTION 5. All costs and expenses of the maintenance, improvements, and incidental expenses have been appor- tioned and distributed to the benefitting parcels in accordance with the special benefits received from the proposed work. and entire issue of said newspaper and not in any for inflation based on the Consumer d x) m those as levied for the last fiscal year.than an authorized adjustment Supplement thereof on the following dates, to NOTICE; PUBLIC HEARING; PROTESTS SECTION Anaheim at it NOTICE e et meeting ace, bei he Council I Chambe s, Hall, 200 South Anaheim Boulev Council ard, the An Anaheim, Wit: California, at 5:30 p.m., on June 9, 2009. 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 May 28, 2009 hear all protests relating to the proceedings, the estimate of the cost and expenses of the proposed maintenance and im- provement, 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 identity the property owned by such person, e.g., assessor's parcel num- "I certify (or declare) under the penalty of ber. perjury under the laws of the State of California Any interested person may mail a protest to the following address: City Clerk that the foregoing is true and correct 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. Executed at Santa Ana, Orange County, PUBLICATION OF NOTICE California, on SECTION 7.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. Date: May 28, 2009 PROCEEDINGS INQUIRIES SECTION 8. For any and all information relating to these proceedings, including information relating to protest proce- dure, your attention is directed to the person designated below: Budget Manager City d of Anaheim 200 South Anaheim Boulevard Anaheim (714) 92805 ilir Telephone: (77414 756 -556-5 264 Signature THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19 day of M ay 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring Anaheim Bulletin NOES: NONE 625 N. Grand Ave. ABSENT: NONE Santa Ana, CA 92701 ABSTAIN: NONE (714) 796 -2209 CITY OF ANAHEIM PROOF OF PUBLICATION By: a MAYOR OF THE CITY OF ANAHEIM ATTEST: Is/_ CITY CLERK OF THE CITY OF ANAHEIM Publish: Anaheim Bulletin May 28, 2009 9098068