HomeMy WebLinkAbout2003-048 - Approving the Engineer's Report for the Citywide Maintenance Assessment District No. 2003RESOLUTION NO. 2003-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ACCEPTING AND APPROVING THE
ENGINEER'S REPORT FOR THE CITYWIDE
MAINTENANCE ASSESSMENT DISTRICT NO. 2003,
SETTING A TIME AND PLACE FOR HEARING
OBJECTIONS THERETO, AND PROVIDING FOR NOTICE
AND BALLOTING THEREFORE.
JWF 5/8/03
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
Pursuant to it powers as a Charter City, and consistent with the terms of
Article XIIID of the Constitution of the State of California ("Proposition
218"), and California Government Code Sections 53750-53754 (the "Prop
218 Implementation Act"), the City Council adopted Chapter 13, Article
XIX of the Santa Ana Municipal Code ( the "Local Assessment
Ordinance"), governing the creation of maintenance assessment districts
in the City (collectively, the "Governing Law"); and,
Pursuant its powers as a Charter City and in accordance with the
Governing Law, the City Council of the City of Santa Ana adopted
Resolution No. 2003-043 initiating proceedings for the formation of
Citywide Maintenance Assessment District No. 2003 (Street Repair,
Graffiti Removal, Park and Median Maintenance and Street Lighting
Maintenance) (the "District"), a nd directing t he Executive Director of the
City's Public Works Agency to have prepared an Engineer's Report for the
District, and;
The Executive Director has caused the Engineer's Report to be prepared
and filed with the City Council.
Section 2. The report entitled "Engineer's Report for Citywide Maintenance
Assessment District No. 2003 (Street Repair, Graffiti Removal, Park and Median
Maintenance and Street Lighting Maintenance) (the "Report") is hereby accepted and
approved.
Section 3. Notice is hereby given that on July 7, 2003, at 6:00 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chambers at 22 Civic Center
Plaza, in the City of Santa Ana, the City Council shall conduct a public hearing as
Resolution No. 2003-048
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required by the Governing L aw, a t which a ny a nd a II persons having a ny objection to
formation of the District may appear and show cause why said district should not be
established. The City Council will consider all oral and wdtten objections or protests.
Section 4. The Clerk of the Council shall cause to be mailed to the record
owner of each parcel to be assessed within the boundaries of the proposed District at
least 45 days prior to the date of the public headng a Notice which describes the
proposed assessment and contains a ballot whereby the property owner may indicate his
or her support or opposition to the proposed assessment. The form and content of the
notice and ballot shall conform to the provisions of the Governing Law.
Section 5. The City Manager is hereby authorized to exercise the City's voting
rights regarding the Distdct balloting by an affirmative vote.
Section 6. The Clerk of the Council shall cause to be published a notice of the
public headng pursuant to Section 6063 of the Government Code. The publication of
notice of headng shall be completed at least 10 days prior to the date of hearing.
Section 7. This matter has been found to be, and the Council concurs is,
exempt from the California Environmental Quality Act ("CEQA") pursuant to Public
Resources Code § 15273(a)(1) (exempting charges imposed by public agencies to meet
operating expenses) and State CEQA Guidelines § 15301 (exempting the repair,
maintenance or minor alteration of existing public facilities).
.Section 8. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote
adopting this Resolution.
ADOPTED this 19th day of May 2003.
, , uelA. P~lido
/ ~ayor
A. 'R V
~o's~,~h'W. Fletcher, City AttOrney
Resolution No. 2003-048
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AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
Alvarez, Bistl ChristY1 Garcia, Pulido, Solorio
Franklin (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2003-048 to be the original resolution adopted by th.e, City
Council of the City of Santa Ana on May 19, 2003.
Clerk of the-Council
City of Santa Ana
Resolution No. 2003-048
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