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2002-105RESOLUTION NO. 2002R- 105 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 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; 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; follows: NOW, THEREFORE, It Is Hereby Determined and Resolved as RECITALS SECTION 1. The above recitals are all true and correct. DECLARATION OF INTENTION SECTION 2. For the fiscal year commencing July 1, 2002 and ending June 30, 2003, 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 stripping 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. Ail 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. 2 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, City Hall, 200 South Anaheim Boulevard, Anaheim, CA, on June 4, 2002 at 6:00 p.m. 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. Any 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: 3 Budget Manager City Of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Telephone: (714) 756-5273 City May THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim this 21st day of ,2002. ATTEST: CfTY CLERK O~ THE CITY OF ANAHEIM 35637.2 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-105 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 21 st day of May, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Kring (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register a newspaper of general circulation ,published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange State of California, under the date of November 19, 1905. Case No. A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May ?4, 2002 "I certify (or declare) under the penalty of perjury under the laws of the State of California i1~Lat the foregoing is true and correct": bxecuted at Santa Ana, Orange County, California, on Date_ I~+1ay~4, 2002 at -', ? ,,q ''-., S tgnature The Orange County Register 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 This space i Proof ~b Na ro ~• ON tE A PLA 1rOtR~Ni TNERE• WHEREAS, the City Council of the City of Anafteim, Cali- fornia, previously formed a special maintenance district des- ig~ated the. ANAHEIM RESORT MAMTENANCE DISTRICT (the "Meintertance District") pursuant to the terms of Ordi- I Hance No. 5670 of the Ckv of Anahoim rrho •n..u..e..,...~" "Landscaping end Ligh ~ g~Act of 1972"be trig Division 15e Part 2 of the Streets ertd Higtweays Code of the State of Cali- fornia (the "Act"), except as provided in the Ordktence; WHEREAS, the public interest end convenietlce requires tphe same, at this time the City Council desires to undertake fort e neM ensuing fecal yet~v to provide fortth~a costs and expenses necessarryy to pa for the maintenance and im- provements in and far the Maintenance Dis9ict; WHEREAS, there hea been presented ertd approved by, this City Council the Assessment Engineer's Report and this City Council is desirous of continuing with the proceedings for said annual levvyy NOW, 7HEREFO~RE, It Is Hereby Determined and Re- solved as folbws: RECITALS SECTION 1. The above recitals ere all true and correct. DECLARATION OF INTENTION SECTION 2. For the fiscal year commentting July 1, 2002 and ending June 30, 2003, it is the int~ttion of tltis legisla- tive body to lovy end collect an annual sioeciaf easessment to y the cost of annual maintenance and improvements within the Maintenance District against those parQels which specialty benefR from the maintenance end impPOVements es described in the Asaeasment Engineer's Report. The maintenance end imnrovw.nanw x...~.._--._____ .. _ .r. puonc places within the Maimenance District the ins[aIL lion, acquisition, maintenance, operation end'saryicing the following: lendscepinp along parkways and median: hardscape such as sidewalks, monuments, and walls; ornt mental tree lighting and signege; signing and stripping an orhamental fixtures end decoretmg for streets and bridge: 'street features such as banners, bus shelters, customrze newspaper racks; traffic signals and fixtures; and Incidents Ci expenses therefor including reserves and administration. f(~fh ~( i J~ BOUNDARIES OF MAINTENANCE DISTRICT 'Y ~• ~ ~ s Sc al beNefit t the p81operties with n the rbound~s of thi Ilegislativecbodystpre~viouslyhdeclared atoebe ttihet ere: benefitted by said maintenance and improvements, and, fo particulars, reference is made to the boundary map a; previously approved by this legislative body, a copy o aRtich is on fife in the office of the City Clerk end open foi 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 ppuublic inspection: Rehrence is made to said Report for a ful(and detailed descripton of the bounderie~s ofof the Ma~min enance D tdct and any zorusstlteree in, and the proposed assessments upon assessable lots and ppaerrcel of lllnd wdMin the Maintenance District. ASSESSMF.Nl'$ SECTION 5. Ail coats and expenses of the maintenance, improvements, and Incidental exppenses have been ' apportioned and distributed to the bertetitting parcels in ppaccordance with the special benefits received from the lutrarica Dlatrict~~~me~ntsncreesed (outer (sin tan authorized adjustment for irtfletion based on the Consumer Price Index) from those es 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 Cky of Anaheim aTita regular meeting place, being the Councl Chambers, City Hall, 200 South Anaheim Boulevard, Anaheim, CA, on June 4, 2002 at 6:00 p.m. at that time the City Council will consider end finally determine whether to levy the proposed annual aacessment for the Anaheim Resort Maintenance District. At the public hearing file City Council will hear all protests relating to the proceedings, the estimiNe of the cost ertd expenses of the maintenance and improvement, and the Proposed assessment. An and ail Proposed annual written protest prior to the Co~rtclusion of tah~espublic helping or, having filed such a protest, may file a written withdrawal of that protest prior to the concluson of the public hearing. Any written protest must state all grounds farobjectlan. A written protest by a property owner must contain a description sufficient to identify the roperty owned aY such person, e.g., assessor's parcel Hum Any interested parson 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 prier to such date and time will not be sufficient. PUBLICATION OF NOTICE SECTION 7. The City Clark 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 [he 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 rNajing to these proceedings, including information ielating to protest procedure, your attention is directed to the person designated below: THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of An~teim this 21st day of Ma ,2002. MAYOR OF THE CrrY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, TaR, McCracken, Daly NOES; MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Kring Publish: Orange Courtly Fieg{star May 24, 2002 R1398l5197370