99-083RESOLUTION N0. 99R-83
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO FORM A
SPECIAL MAINTENANCE DISTRICT AND TO ANNUALLY
LEVY AND COLLECT ASSESSMENTS THEREIN, SETTING
A TIME AND PLACE FOR A PUBLIC HEARING THEREON -.
AND ORDERING THE INITIATION OF ASSESSMENT
BALLOT PROCEDURES
WHEREAS, the City Council of the City of Anaheim has
initiated proceedings to consider the formation of a special
maintenance district pursuant to the terms of Ordinance No. 5670
of the City of Anaheim (the "Ordinance"), which proposed main-
tenance district is designated as Anaheim Resort Maintenance
District (hereinafter referred to as the "Maintenance District");
WHEREAS, there has been presented and approved by this
City Council the Assessment Engineer's Report for the Maintenance
District (the "Report"), as required by the Ordinance, Article
XIIID of the Constitution of the State of California ("Article
XIIID") and the Proposition 218 Omnibus Implementation Act
(Government Code Section 53750 and following) (the "Implement-
ation Act") (the Ordinance, Article XIIID and the Implementation
Act are referred to collectively as the "Assessment Law");
WHEREAS, at this time the City Council is desirous to
continue proceedings and to hold a public hearing to consider the
formation of the Maintenance District, the annual levy of
assessments, including assessments for the next ensuing fiscal
year, and the costs and expenses necessary to maintain, operate
and service the improvements in the Maintenance District as set
forth in the Report.
NOW, THEREFORE, BE IT DETERMINED, RESOLVED AND ORDERED
AS FOLLOWS:
RECITALS
SECTION 1. The above recitals are all true and
correct.
DECLARATION OF INTENTION
SECTION 2. The public interest and
and it is the intention of this legislative
public hearing and assessment ballot process
hereinafter provided in this resolution, to
District and to levy and collect assessments
annual costs and expenses of maintaining the
convenience requires,
body, subject to the
to be conducted as
form the Maintenance
therein to pay the
improvements for the
Maintenance District. The improvements and maintenance are
generally described as:
In public places within the Maintenance District, the
maintenance (including procurement, repair and replace-
ment of items necessary or convenient to said
maintenance, operation and servicing), 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 decorations
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; all as
more particularly described in the Assessment
Engineer's Report for the Anaheim Resort Maintenance
District on file in the office of the City Clerk.
BOUNDARY OF MAINTENANCE DISTRICT
SECTION 3. The improvements are of special benefit to
the properties within the boundary of the Maintenance District,
which Maintenance District this legislative body previously
declared to be the area specially benefitted by the 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, is open for public
inspection, and is designated as the "Proposed Boundaries of
Anaheim Resort Maintenance District."
REPORT OF ASSESSMENT ENGINEER
~~ SECTION 4. The Report of the Assessment Engineer, as
preliminarily approved by this legislative body, is on file with
the City Clerk and is open for public inspection. Reference is
made to the Report for a full and detailed description of the
improvements and the maintenance thereof, the boundary of the
Maintenance District and any zones therein, and the proposed
assessments upon assessable lots and parcels of land within the
Maintenance District.
NOTICE OF PUBLIC HEARING
SECTION 5. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING
IS TO BE HELD AT 200 SOUTH ANAHEIM BLVD., ANAHEIM CALIFORNIA,
ON JUNE 22, 1999 AT 6:00 O'CLOCK P.M.
2
ALL INTERESTED PERSONS SHALL BE AFFORDED THE OPPORTUNITY TO HEAR
AND BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS
AND ALL WRITTEN COMMUNICATIONS MADE OR FILED BY ANY INTERESTED
PERSONS. THE CITY COUNCIL SHALL ALSO DETERMINE WHETHER ASSESSMENT
BALLOTS SUBMITTED PURSUANT TO THE ASSESSMENT LAW IN OPPOSITION TO
THE PROPOSED ASSESSMENTS WITHIN THE MAINTENANCE DISTRICT EXCEED
ASSESSMENT BALLOTS SUBMITTED IN FAVOR OF SUCH PROPOSED _
ASSESSMENTS.
RIGHT TO SUBMIT ASSESSMENT BALLOT
PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW, EACH RECORD
OWNER OF PROPERTY PROPOSED TO BE ASSESSED HAS THE RIGHT TO SUBMIT
AN ASSESSMENT BALLOT IN FAVOR OF OR IN OPPOSITION TO THE PROPOSED
ASSESSMENT.
ASSESSMENT BALLOTS WILL BE MAILED TO THE RECORD OWNER OF EACH LOT
OR PARCEL OF LAND LOCATED WITHIN THE MAINTENANCE DISTRICT AND
SUBJECT TO A PROPOSED ASSESSMENT. EACH SUCH OWNER MAY COMPLETE
SUCH ASSESSMENT BALLOT AND THEREBY INDICATE THE OWNER'S SUPPORT
FOR OR OPPOSITION TO THE PROPOSED ASSESSMENT. ALL SUCH ASSESSMENT
BALLOTS MAY BE DELIVERED BY MAIL OR PERSONAL DELIVERY TO THE
CITY CLERK AT THE FOLLOWING ADDRESS AT OR BEFORE 5:00 PM ON JUNE
22, 1999:
CITY CLERK
200 S. ANAHEIM BLVD., SUITE 217
ANAHEIM, CALIFORNIA, 92805
AFTER 5:00 PM ON JUNE 22, 1999, ASSESSMENT BALLOTS MAY BE
DELIVERED TO THE CITY CLERK AT THE LOCATION OF THE PUBLIC HEARING
GIVEN ABOVE.
~'- ALL ASSESSMENTS BALLOTS MUST BE RECEIVED BY THE CITY CLERK PRIOR
TO THE CLOSE OF THE PUBLIC HEARING. A POSTMARK PRIOR TO SUCH DATE
AND TIME WILL NOT BE SUFFICIENT.
AT THE CONCLUSION OF THE PUBLIC HEARING, THE CITY COUNCIL SHALL
CAUSE THE ASSESSMENT BALLOTS TIMELY RECEIVED TO BE TABULATED. IF
A MAJORITY PROTEST EXISTS, THE CITY COUNCIL SHALL NOT IMPOSE AN
ASSESSMENT WITHIN THE MAINTENANCE DISTRICT. A MAJORITY PROTEST
EXISTS IF, UPON THE CONCLUSION OF THE PUBLIC HEARING, ASSESSMENT
BALLOTS SUBMITTED IN OPPOSITION TO THE ASSESSMENTS WITHIN THE
MAINTENANCE DISTRICT EXCEED THE ASSESSMENT BALLOTS SUBMITTED IN
FAVOR OF SUCH ASSESSMENTS. IN TABULATING THE ASSESSMENT BALLOTS,
THE BALLOTS SHALL BE WEIGHTED ACCORDING TO THE PROPORTIONAL
FINANCIAL OBLIGATION OF THE AFFECTED PROPERTY.
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MAILING NOTICE
SECTION 6.
pursuant to the A
assessment ballot
Intention and the
assessment ballot
property proposed
The City Clerk is hereby directed to mail,
ssessment Law, notice of the public hearing and
proceedings, the adoption of this Resolution of
filing of the Report, together with the
materials, to the record owners of all real
to be assessed.
PROCEEDINGS INQUIRIES ,
SECTION 7. The following staff person is designated to
respond to all inquiries for any and all information relating to
these proceedings, including information relating to the
assessment ballot procedure:
Tom Wood
•- Assistant City Manager
City Manager's Office
200 S. Anaheim Blvd,
Anaheim, CA 92805
(714) 765-5254
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 4th day of May, 1999.
~~
MAYOR OF THE CITY O ANAHEIM
ATTEST-
sL l~ -~-`t GL ~ <~
CITY CLERK OF THE CITY OF ANAHEIM
29568.1\mslaught\April 19, 1999 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-83 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 4th day of May, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-83 on the 4th day of May, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 4th day of May, 1999.
/" ~ <~ ' `~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-83 was duly passed and adopted by the City Council of the City
of Anaheim on May 4th, 1999.
CITY CLERK OF THE CITY OF ANAHEIM