RES-10931 Landscape Maintenance District 94-1RESOLUTION NO. 10931
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE REGARDING LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT 94 -1
SYCAMORE CROSSING) DECLARING ITS
INTENTION TO PROVIDE FOR AN ANNUAL LEVY
AND COLLECTION OF ASSESSMENTS FOR
FISCAL YEAR 2016 -2017; AND TO SET A TIME AND
PLACE FOR A PUBLIC HEARING TO RECEIVE
PUBLIC TESTIMONY ON THE FOREGOING
MATTERS; AND TO GIVE PRELIMINARY
APPROVAL TO THE CERTIFIED ENGINEER'S
REPORT FOR LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT 94 -1 (SYCAMORE
CROSSING).
WHEREAS, the City Council of the City of Orange previously formed City of Orange
Landscape Maintenance District No. 94 -1 (hereinafter referred to as "Maintenance District ") and
desires to initiate proceedings for the levy of annual increased assessments in connection with the
Maintenance District, pursuant to the provisions of the Landscaping and Lighting Act of 1972,
Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section
22500 (hereinafter referred to as the "Act "), Government Code Section 53753 and the provisions
of the article 13D of the California Constitution (hereinafter referred to as the "Article 131)") and
such constitutional provisions and statutes are referred to collectively as the "Applicable Law ";
and
WHEREAS, there has now been presented to the City Council the Certified Engineer's
Report (hereinafter "Report") as required by the Applicable Law that describes the proposed
annual levy of assessments for fiscal year 2016 -2017 to each parcel, the proposed changes to the
Maintenance District or improvements; and
WHEREAS, the City Council has carefully examined and reviewed the Report and is
satisfied with each and all of the items and documents set forth therein and has made a preliminary
determination that the assessments on each parcel have been proportioned in accordance with the
benefits received by each parcel and that such assessments do not exceed the estimated reasonable
cost of providing the service; and
WHEREAS, at this time the City Council determines to commence proceedings to provide
for the annual levy of assessments for fiscal year 2016 -2017 to pay for the costs and expenses
necessary for the maintenance of the improvements in the Maintenance District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as
follows:
Section I:
That the above recitals are all true and correct.
Section II:
That the public interest and convenience require the undertaking of proceedings for the
annual levy and collection of assessments to pay the costs and expenses for the maintenance of the
improvements within the Maintenance District, which in general include: the repair, removal or
replacement of any of the landscaping improvements, including walkways, signage, irrigation,
trimming, spraying, fertilizing, etc., and as such maintenance is more particular described in the
Report on file with the City Clerk (hereafter, "maintenance of improvements ").
Section III:
That the maintenance of improvements are of direct benefit to the properties within the
boundaries of the Maintenance District, which the City Council previously declared to be the area
benefited and which area is more particularly described in the boundary map open for public
inspection and on file with the City Clerk bearing the designation of the Maintenance District.
Section IV:
That the Report is preliminarily approved and ordered to be on file with the City Clerk and
open for public inspection. The Report contains a full and detailed description of the existing
works of improvement, the boundaries of the Maintenance District and any zones therein, and the
proposed assessments upon parcels within the Maintenance District.
Section V.
The City shall give notice of the time and place of the public hearing to all property owners
of record within the Maintenance District subject to a levy of assessment.
Section VII:
Notice is hereby given that Tuesday, June 14 2016, at 6:00 p.m. in the City Council
Chambers, 300 East Chapman Avenue, Orange, is the time and place fixed by the City Council for
hearing protests or objections in reference to the proposed annual levy of assessments for the
Maintenance District in accordance with Government Code Section 53753 and Article 13D and to
any other matters contained in this Resolution. Any persons who wish to object to the proceedings
or the annual levy should file a written protest with the City Clerk prior to the time set for the
public hearings.
Resolution No. 10931 2
Section VIII:
For any and all information relating to these proceedings, including information relating to
protest procedure, your attention is directed to the person designated below:
George Liang, Principal Civil Engineer
City of Orange Public Works Department
P.O. Box 449 - 300 East Chapman Avenue
Orange, California 92866 -0449
714) 744 -5528
ADOPTED this 10 day of May, 2016.
er sa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. M , City Clerk, Ci range
r
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that
the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange
at a regular meeting thereof held on the 10 day of May, 2016, by the following vote:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. eaurAtity Clerk, City o ange
Resolution No. 10931