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RES-2008-077RESOLUTION NO. 2008- 077 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 fhe 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, 2008 and ending June 30, 2009, 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, City Hall, 200 South Anaheim Boulevard, Anaheim, California, at 5:00 p.m., on June 24, 2008. 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 2 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: 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 1 Oth day of June 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 35637.6 CITY OF EIM By: MAYOR OF THE CITY OF AHEIM 4 RESOLUTION NO. 2008-077 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, t AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON AFFIDAVIT OF PUBLICATION WHEREAS the City Council the City Anaheim, Cali form a, previously formed a special maintenance district l designated the ANAHEIM RESQRT MAINTENANCE DIS- IDICT (the "Maintenance District pursuant to the terms of Ordinance No. 5670 of the City of Anaheim (the "Ordi- rtance which Ordinance incorporates the provisions of the STATE OF CALII ORNIA Landscaping and Lighting Act of 1972 being Division 15, t ••Pert 2 of the Streets and Highways Code of the State of Cal- SS. r firma (the "Act except as provided in the Ordinance; County of Orange WHEREAS, the public interest and convenience re- quires the same, at this time the City Council desires to un- 4ertake proceedings to provide for the annual levy of as- .Sessments for the next ensuing fiscal year to provide for the 1 am a citizen of the United States and a resident of costs and expenses necessary to pay for the maintenance i arid improvements in and for the Maintenance District; the County aforesaid; I am over the age of WHEREAS, there has been presented and approved by g -this City Council the Assessment Engineer's Report and this City Council is desirous of continuing with the proceedings eighteen years, and not a party to or interested in t for said annual levy; NOW, THEREFORE, the City Council of the City of Ana the above entitled matter. I am the principal clerk helm hereby Finds, Determines and Resolves as follows: RECITALS of The Orange County Register, a newspaper of signor. me above recitals are all true and correct. general circulation, published in the city of Santa DECLARATION OF MENTION SECTION 4. For the fiscal year commencing July 1, Ana, County of Orange, and which newspaper has Proof ofPuct 2008 and ending June 39, 2009, it is the intention of this t .legislative body to levy and collect an annual special as- been adjudged to be a newspaper of general sessment to pay the cost of annual maintenance and im- provements within the Maintenance District against those parcels Which specially benefit from the maintenance and circulation by the Superior Court of the County of improvements as described in the Assessment Eng'ineer's Report, The maintenance and improvements for the nte- nance DiaMct•are generally deecnbed as follows: Orange, State of California, under the date of In public places within the Maintenance District, the installa- tion, acquisition, maintenance, operation and servicing of 1/18/52, Case No. A- 21046, that the notice, of the following: landscaping along parkways and medians; ,hmdacape such as.sidewatk:}, monuments, and walls, orna- mental tree lighting and signage signing and striping and which the annexed is a true printed copy, has been ornamental Tortures and decorating tor $heete and bridges; street features such as banners, bus shelters, customized newspaper racks; traffic signals and factures; and incidental published in each regular and entire issue of said expenses therefore including reserves and administration. BOUNDARIES OF MAINTENANCE DISTRICT newspaper and not in any supplement thereof on SECTION 3. The maintenance and improvements are of special benefit to the properties within the boundaries of the following dates, to wit: the Maintenance District, which Maintenance District the legislative body previously declared to be the area benefit- ed by said maintenance and improvements, and, for partic- ulars, 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. June 13, 2008 REPORT OF ASSESSMENT ENGINEER SECTION 4.' The Assessment Engineer's Report, as preliminarily approved by this legislative body, is on file with "1 certify (or declare) under the penalty of perjury the City Clerk and open for public ins on. Reference is made to said Report for a full and detailed description of the maintenance and Improvements to be maintained, the under the laws of the State of California that 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. foregoing is true and correct ASSESSMENTS Executed at Santa Ana, Orange County, smanotto. All costs and expenses of the mainte- a nance, improvements, and incidental expenses have been California, On apportioned and distributed to the benefiting parcels in ac- cordance with the special benefits received from the pro- posed work. No assessments on any parcels within the, Date: June 13, 2008 Maintenance District are to be increased (other than an au- thorized adjustment for inflation based on the Consumer Price Index) from those as levied for the last traced year. NOTICEI PUBLIC HEARINNp PROTESTS 11/ S EMOTION S. NOTICE l imam by b tlw t h e Co that public hearing hereby scheduled Oh/ ty Council il a a the City of Anaheim at its regular meeting place, being the m S ure Council Chambers, City Hall, South vard, Anaheim, Celiforrpa, at 5:00 p.m., on June 24, 2008. At that time the City Council will consider and finally deter- mine whether to levy the propose& annual assessment for The Orange County Register the Anaheim Resort' Maintenance District At the public g g hearing the City Council will hear all protests relating to the 625 N. Grand Ave. proceedings, proposed Maint ten estimate ence and m oVenieent expenses the fp o posed Santa Ana CA 92701 annual assessment. Any and cif persons interested may file a written protest prior the conclusion of the pub lac hearing such a m file a written or, having (714) 796 -7000 ext. 2209 withdrew of that protest prior to a conclusion b the pub lac he Any written protest must state all grounds for objection. A written protest, by a property owner must con- tain a description sufficient tb Identify the property owned by such person, e.g., assessor's parcel number. Any interested person may mail a protest to the following PROOF OF PUBLICATION address: GCd�tyI Clerk 200 So Anaheim, CA105 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 lime will not be sufficient. PUBUGATIIQII, NOTICE SE0T10N 7. The City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of that 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 desig- nated below: Budget Manager City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Telephone: (714) 758 -5264 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10 day of June, 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway and Kring NOES: None 1BSENT: None BSTAIN: None CITY OF ANAHEIM By:/s/ CURT PRINGLE MAYOR OF THE CITY OF ANAHEIM EST: 'NDA N. ANDAL CLERK OF THE CITY OF ANAHEIM is Orange County Reoister June 13, 2008 R -1311