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2004-145RESOLUTION NO. 2004-145 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; WHEREAS, based upon the presentation of staff and review of the assessment Engineer's Report for the Maintenance District, it is hereby determined as follows: 1. There are no new improvements or zones for the next fiscal year; All improvements to be maintained are within existing public streets, rights-of-way, or easements of the City; o 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 Assessment Engineer's Report as now submitted for final consideration and approval' NOW, THEREFORE, It Is Hereby Determined and Resolved 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 and diagram for the proceedings, as contained in the Assessment Engineer's Report, is hereby approved and confirmed. 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 Assessment Engineer's Report and as previously declared and set forth in the Resolution of intention adopted by this City Council on May 25, 2004. SECTION 5. The assessments contained in the 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 Final 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 diagram and 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 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 diagram and assessment with the County Auditor. Said filing to be made no later than the 3r° Monday in August. ENTRY UPON THE ASSESSMENT ROLL SECTION 8. After the filing of the diagram and assessment, 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. 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, 2004 and ending June 30, 2005. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of June ,2004, by the following roll call vote: AYES' Mayor Pringle, NOES: none Council Members Tait, Chavez,Hernandez~, MCCracken ABSENT: none ABSTAIN: none By ~ITY !LERK OF MAYOR OF THE CITY ANAHEIM 36075.4