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RES-2012-087 RESOLUTION NO. 2012- 087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN AND FOR THE ANAHEIM RESORT MAINTENANCE DISTRICT. 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; and WHEREAS, based upon the presentation of staff and review of the Annual Assessment Engineer's Report for the Maintenance District dated June 7, 2012 ( "Annual Assessment Engineer's Report"), it is hereby determined as follows: 1. There are no new improvements or zones for the next fiscal year; 2. All improvements to be maintained are within existing public streets, rights -of -way, or easements of the City; 3. No assessments are proposed to be increased (other than an authorized adjustment for inflation based on the Consumer Price Index) from those as levied for the prior fiscal year. WHEREAS, at this time all notice and public hearing requirements have been met relating to the levy of the annual assessments and this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Annual Assessment Engineer's Report as now submitted for final consideration and approval. 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. PROTESTS SECTION 2. All protests and objections of every kind and nature be, and the same hereby are, overruled and denied. CONFIRMATION SECTION 3. The final assessment for the proceedings, as contained in the Annual Assessment Engineer' s Report, is hereby approved and confirmed. The final diagram, as contained in the Original Assessment Engineer's Report dated April 26, 1999, is on file in the Office of the City Clerk. SECTION 4. The public interest and convenience requires, and this legislative body does hereby order the maintenance and improvements to be made and performed as set forth in the Annual Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention adopted by this City Council on June 19, 2012. SECTION 5. The assessments contained in the Annual Assessment Engineer's Report for the next fiscal year are hereby confirmed and levied upon the respective lots of parcels of land in the District in amounts as set forth in the Annual Assessment Engineer's Report. It is hereby further determined that all costs and expenses of the works of improvement and incidental expenses have been apportioned and distributed to the benefitting parcels in accordance with the special benefits received from the proposed work. FILING AND RECORDING SECTION 6. The above - referenced assessment for the Maintenance District shall be filed in the Office of the City Clerk, with a certified copy filed in the Office of the City Engineer. The final diagram as contained in the Original Engineer's Report dated April 26, 1999, is on file in the Office of the City Clerk. The diagram and assessment shall be open for public inspection. SECTION 7. The City Clerk is hereby ordered and directed to immediately file a certified copy of the assessments with the County Auditor. Said filing to be made no later than the 2nd Monday in August. ENTRY UPON THE ASSESSMENT ROLL SECTION 8. After the filing of the assessments, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment. COLLECTION AND PAYMENT SECTION 9. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. 2 FISCAL YEAR SECTION 10. The assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2012 and ending June 30, 2013. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10th day of July , 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Gallaway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM B: Y 11 MAYOR OF THE CITY OF ANAHEIM ATTEST: f IKA CITY CLERK OF THE CITY OF A HEIM 36075.10 3