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99-082RESOLUTION N0. 99R-82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A _ SPECIAL MAINTENANCE DISTRICT WHEREAS, the City Council of the CITY OF ANAHEIM, pursuant to the terms of Ordinance No. 5670 of the City of Anaheim (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 "Implementation Act") (the Ordinance, Article XIIID and the Implementation Act are referred to collectively as the"Assessment Law"), did, by previous resolution, initiate proceedings and - ordered the preparation of an Assessment Engineer's Report (the "Report") for the annual levy of assessments within a special maintenance district known and designated as Anaheim Resort Maintenance District (hereinafter referred to as the "Maintenance District"); WHEREAS, there has now been presented to this City Council the Report as required by the Assessment Law and as previously directed by resolution; WHEREAS, this City Council has now carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, operated, and serv_ced as set forth in said Report. NOW, THEREFORE, BE IT DETERMINED AND RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The Report, as presented, consists of the following: A. Plans and specifications describing the general nature, location and extent of the existing and proposed improve- ments, an estimate of the cost of the improvements, includ- ing the maintenance, operation and servicing thereof, and a diagram of the Maintenance District, all as prescribed in Part 2, Division 15, Chapter 1, Article 4 of the Streets and Highways Code of the State of California, as amended by the Ordinance; B. A maximum annual assessment of the estimated costs of the maintenance of all of the improvements to ultimately be maintained upon the completion and acceptance of thereof for maintenance, assessing the net amount upon all assessable lots or parcels of land within the Maintenance District in proportion to the special benefits received; together with a formula pursuant to which such maximum assessment may be adjusted annually for inflation; C. An annual assessment for Fiscal Year 19992000 of the estimated costs of the maintenance of those improvements to be maintained during such Fiscal Year, including incidental expenses related thereto, assessing the net amount upon all assessable lots or parcels of land within the Maintenance District in proportion to the special benefits received. The Report, as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall reflect the presentation of the Assessment Engineer's Report. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim~th^is 4th day of May, 1999. MAYOR OF THE CITY ANAHEIM ATTE CITY CLERK OF THE CITY OF ANAHEIM 29569.1\mslaught\April 29, 1999 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-82 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-82 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. ~ A~ Yl.~''tGt._.._~ c'~ 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-82 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