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RES-2012-058 RESOLUTION NO. 2012- 058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS IN, AND ACCEPTING AN ASSESSMENT ENGINEER'S REPORT FOR, THE ANAHEIM RESORT MAINTENANCE DISTRICT WHEREAS, by Resolution No. 99R -144 adopted on June 22, 1999, the City Council of the City of Anaheim (the "City Council ") formed a special maintenance district designated as the Anaheim Resort Maintenance District (the "Maintenance District "), by which the City Council ordered certain improvements and maintenance work therein and authorized the levy and collection of an annual assessment therein pursuant to the terms of the City of Anaheim Resort Area Procedural Ordinance (Ordinance No. 5670), the provisions of the Landscaping and Lighting Act of 1972, as amended (California Streets and Highways Code Section 22500 et seq.; herein the "Landscaping Act "), Article XIIID of the Constitution of the State of California (herein "Article XIIID"), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq; herein the "Implementation Act "). Ordinance 5670, the Landscaping Act, Article XIIID, and the Implementation Act are collectively referred to herein as the "Assessment Law "); and WHEREAS, at this time the City Council desires to conduct proceedings pursuant to the Assessment Law to provide for the annual levy of assessments for Fiscal Year 2012 -13 to finance the annual costs of maintenance and improvements in and for the Maintenance District; and WHEREAS, pursuant to the Assessment Law, there has now been presented to this City Council the Assessment Engineer's Report for the Maintenance District for Fiscal Year 2012 -13. NOW, THEREFORE, the City Council of the City of Anaheim hereby finds, determines and resolves as follows: Section 1. The above recitals are all true and correct. Section 2. Declaration Of Intention. The public interest and convenience requires, and it is the intention of this City Council to initiate proceedings for the annual levy and collection of special assessments to pay the cost of annual maintenance and improvements within the Maintenance District for the fiscal year commencing July 1, 2012 and ending June 30, 2013. No new improvements or any substantial changes in existing improvements or zones are proposed as a part of these proceedings. 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 levied for the previous fiscal year. Section 3. Report of Assessment Engineer. The Assessment Engineer's Report contains the following: A. A reference to the original Engineer's Report, dated April 26, 1999, which is on file in the City Clerk's office and which includes plans and specifications describing the general nature, location and extent of the maintenance and improvements for the Maintenance District; B. A map showing the boundaries of the Maintenance District; C. An estimate of the cost of the maintenance and improvements for the Maintenance District for Fiscal Year 2012 -13; and D. The assessment amount for each parcel within the boundaries of the Maintenance District for Fiscal Year 2012 -13. Section 4. The Assessment Engineer's Report, as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of June , 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Gallaway and Eastman NOES: NDne ABSENT: None ABSTAIN: Council Member Murray CITY OF ANAHEIM ( MAYOR OF THE CITY OF ANAHEIM ATTEST: 0440 CITY CL RK OF THE CITY OF Al AHEIM 89945.2 2