99-144RESOLUTION NO. 99R- 144
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA, ESTABLISHING THE ANAHEIM RESORT MAINTENANCE
DISTRICT AND ORDERING Ilv[PROVEMENTS AND MAINTENANCE WORK,
CONFIRNIINGTHE DIAGRAM AND ASSESSMENT AND PROVIDINGFOR THE
LEVY OF THE ANNUAL ASSESSMENT FOR FISCAL YEAR 1999-2000 IN THE
ANAHEIM RESORT MAINTENANCE DISTRICT
WHEREAS, the City Council of the CITY OF ANAHEIM, CALIFORNIA, has initiated
~,roceedings to establish a special maintenance district to be known as the Anaheim Resort Maintenance
District (hereinafter refereed to as the "Maintenance District"), to order certain improvements and
maintenance. work therein, and to authorize the levy and collection of an annual assessment therein
pwsuant to the terms of Ordinance No. 5670 of the City of Anaheim, the "Landscaping and Lighting Act
of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the
"Landscaping Act"), Article XITID of the Constitution of the State of California, and the Proposikien 21 ~
Omnibus Implementation Act (Government Code Section 53750 and following) (Ordinance No. 5670,
Article XIIID, the Implementation Act, and the Landscaping Act aze collectively referred to herein as the
"Assessment Law");
WHEREAS, at this time all notice and public hearing requirements as required by the Assessment
Law have been met relating to the formation of the Maintenance District, the ordering of the improvements
and maintenance work, and the levy and collection of the annual assessments;
WHEREAS, the City Council has received a report from the Assessment Engineer (the
"Assessment Engineer's Report") and this City Council is now satisfied with the assessment and diagra.~n
a,id all other matters as contained in the Assessment Engineer's Report;
NOW, THEREFORE, BE IT DETERMIlVED, RESOLVED AND ORDERED AS FOLLOWS:
RECITALS
Section 1. The above recitais aze all true and correct.
PROCEDURE ANU BALLOTS
Section 2. This City Council hereby finds and deterrnines that the procedures far the
formation of the Maintenance District, the ordering of improvements and maintenance work therein, and
the consideration of the levy of the annual assessment have been undertaken in accordance with the
Assessment Law.
Assessment ballots were mailed as required by the Assessment Law to the record owners of all
properties within the proposed Maintenance District as identified in the Assessment Engineer's Report.
The assessment ballots that were completed and received, including replacement assessment ballots, if any,
by the City Clerk prior to the close of the public hearing have been tabulated in accordance with the
procedures established by the Assessment Law and this City Council, and the results of such tabulation
have been submitted to this City Council. This City Council hereby finds that the assessment ballots
submitted in favor of the levy of assessments within the Maintenance District as shown in the Assessment
Engineer's Report as weighted in accordance with Assessment Law exceed the assessment ballots
submitted in opposition to such levy within the Maintenance District also as weighted in accordance wiirt
Assessment Law.
DETERMINATION AND CONFIRMATION
Section 3. The final assessment and diagram for the Maintenance District, as contained in the
Assessment Engineer's Report, is hereby approved and confirmed and the Maintenance District is hereby
approved, formed, and established.
Based upon the Assessment Engineer's Report and the testimony and other evidence presented
..~. at the public hearing, this City Council hereby makes the following determinations regazding the
assessments to be imposed:
a. The proportionate special benefit derived by each individual parcel assessed has been
determined in relationship to the entirety of the cost of the improvement and maintenance
expenses.
b. The assessments do not exceed the reasonable cost of the proportional special benefit to
be conferred on each parcel.
c. Only the special benefits have been assessed.
d. Publicly owned parcels within the Maintenance District that receive special benefit from
the improvement and maintenance work have been assessed in proportion to the special
benefit to be conferred on the parcels.
The assessments for the Maintenance District contained in the Assessment Engineer's Report for the next fiscal
year are hereby confirmed and levied upon the respective lots or parcels in the Maintenance District in the
amounts as set forth in the Assessment Engineer's Report.
ORDERING OF MAINTENANCE
Section 4. The public interest and convenience requires, and this legislative body does hereby
order, the improvements and maintenance work to be made and performed as the improvements and
maintenance work is set forth in the Assessment Engineer's Report and as previously declared and set forth
in the Resolution of Intention to Form a Special Maintenance District and to Annually Levy and Collect
Assessments Therein previously adopted by this City Council .
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FILING WITH CITY CLERK AND CITY ENGINEER
Section 5. The above-referenced diagram and assessment, together with the Assessment
Engineer's Report, shall be filed in the Office ofthe City Clerk, with a copy to be filed in the Office ofthe City
Engineer. The diagram and assessment and Assessment Engineer's Report, and the copy thereof, shall be open
for public inspection.
FILING WITH THE COUNTY AUDITOR
Section 6. The City Clerk is hereby ordered and directed to immediately file a certified copy of
the diagram and assessment with the County Auditor. The filing to be made no later than July 1, 1999.
ENTRY UPON THE ASSESSMENT ROLL
Section 7. After the filing ofthe 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 8. The assessments shall be collected at the same time and in the same maru-er as County
taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to
the collection and enforcement ofthe assessments.
FISCAL YEAR
Section 9. The assessments as above authorized and levied shall provide revenue for, and relate
to, the fiscal year commencing July 1, 1999 and ending June 30, 2000.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of
Anaheim this 22nd day of June, 1999.
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MAYO OF THE CITY OF IM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIREMENTS
CITY OF ANAHEIM
ANAHEIM RESORT MAINTENANCE DISTRICT
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
Leonora N. Sohl ,under penalty of perjury, CERTIFIES as follows:
The undersigned is now, and at all times mentioned herein was, the duly qualified and acting CITY CLERK
ofthe CITY OF ANAHEIM, CALIFORNIA, and as such, accomplished the notice requirements in connection
-~-~ with the referenced Assessment Maintenance District, as noted:
RECORDATION
The original ofthe ASSESSMENT ROLL AND DIAGRAM was recorded in the Office ofthe City Engineer
on the 30th day of June , 1999.
A certified copy ofthe ASSESSMENT ROLL AND DIAGRAM was recorded in the Office ofthe County
Auditor on thelOth day of August , 1999.
POSTING
A copy of the AGENDA for the meeting of June 22, 1999, was posted in a location accessible to the general
~... public at least 72 hours before the time set for said meeting; said posting being accomplished on the 18tYday
of June , 1999.
EXECUTED this 2ndday of July , 1999, at Anaheim, California.
CITY CLERK
CITY OF ANAHEIM
STATE OF CALIFORNIA
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-144 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 22nd day of June, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-144 on the 22nd day of June, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 22nd day of June, 1999.
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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 origina- of Resolution No. 99R-144 was duly passed and adopted by the City Council of the
City of Anaheim on June 22nd, 1999.
.-/' t~
CITY CLERK OF THE CITY OF ANAHEIM