RES-10879 Landscape Maintenance District 15-1RESOLUTION NO. 10879
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING ENGINEER'S
REPORT, CONFIRMING DIAGRAM AND
ASSESSMENT, AND ORDERING LEVY OF THE
LANDSCAPE MAINTENANCE DISTRICT NO. 15 -1
ASSESSMENTS FOR FISCAL YEAR 2015 -16.
WHEREAS, by Resolution No. 10853, approved March 10, 2015, the City Council
ordered the initiation of proceedings for the formation of a landscape maintenance district
pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California
Streets and Highways Code (commencing with § 22500 thereof) ( "Act ") and Article XIII -D
of the California Constitution to be known as the Landscape Maintenance District No. 15 -1
Assessment District ") of the City of Orange, for the purpose of financing the cost of
installation, maintenance and servicing as detailed in the Engineer's Report prepared by the
Assessment Engineer, SCI Consulting Group; and
WHEREAS, the City Council has adopted a resolution approving and filing an
Engineer's Report which includes: (1) a description of the Improvements to be funded with
assessment proceeds; (2) an estimate of the annual cost of the Improvements described in the
Engineer's Report; (3) a description of the assessable parcels of land within the District and
proposed to be subject to the new assessment; (4) a description of the proportionate special
and general benefits conferred on property by the proposed assessment; (5) a diagram and
boundary map for the Assessment District, and (6) a specification of the amount to be
assessed upon various types of assessable land within the Assessment to fund the cost of the
Improvements. The Engineer's Report is incorporated herein by this reference; and
WHEREAS, the City Council adopted Resolution No. 10857 on April 14, 2015, a
Resolution Declaring Intention to Levy Assessments, Preliminarily Approving the Engineer's
Report, Providing Notice of Public Hearing and the Mailing of the Assessment Ballots. The
annual assessment rates for various types of real property within the proposed assessment, the
total number of parcels to be assessed, and the total amount of annual assessment revenue is
contained within the Engineer's Report; and
WHEREAS, the City Council adopted Resolution No. 10858 on April 14, 2015, a
Resolution of Intention to Conform with Proposition 218 and its requirements; and
WHEREAS, the City Council has provided a 45 -day written mailed notice to each
record owner of assessable parcels of real property located within the Assessment boundaries
for the proposed Landscape Maintenance District, as set forth on the Assessment Diagram
and Boundary Map, of a public hearing which was held at a regular meeting of the City
Council on June 9, 2015, at 7:00 p.m. at the Orange City Hall, located at 300 East Chapmen
Avenue, Orange, CA, on the issue of whether the Landscape Maintenance District should be
formed and assessments levied and collected as proposed in the Engineer's Report for Fiscal
Year 2015 -16 and future fiscal years; and
10. The authorized maximum assessment to be levied in future fiscal years shall be
adjusted based on the Los Angeles- Riverside - Orange County area Consumer Price
Index, but not exceeding three percent (3 %) per year; and
11. The City of Orange City Council hereby certifies that the assessments to be placed
on the 2015 -16 secured tax rolls meet the requirements of Proposition 218 that
added Articles XIIIC and XIIID to the California Constitution; and
12. Immediately upon the adoption of this resolution, but in no event later than the
second Monday in August following such adoption, the City Council shall file a
certified copy of the Diagram and Assessment and a certified copy of this
resolution with the Auditor /Tax Collector of the County of Orange ( "County
Auditor /Tax Collector "). Upon such filing, the County Auditor /Tax Collector
shall enter on the County tax roll opposite each lot or parcel of land the amount of
assessment thereupon as shown in the Assessment. The assessments shall be
collected at the same time and in the same manner as County taxes are collected
and all laws providing for the collection and enforcement of County taxes shall
apply to the collection and enforcement of the assessments. After collection by
the County Tax Collector, the net amount of the assessments, after deduction of
any compensation due the County for collection, shall be paid to the City of
Orange Landscape Maintenance District No. 15 -1; and
13. The monies representing assessments collected shall be deposited in a separate
fund established under the distinctive designation of the Landscape Maintenance
District No. 15 -1. Funds collected from Landscape Maintenance District No. 15 -1
Assessment shall be expended only for the special benefit of parcels within the
District; and
14. The Landscape Maintenance District No. 15 -1 Assessment, as it applies to any
parcel, may be corrected, cancelled or a refund granted as appropriate, by order of
the City Council by a determination from the Assessment Engineer that the
Assessment should be revised to be consistent with the method of assessment
established in the Engineer's Report. Any such corrections, cancellations or
refunds shall be limited to the current fiscal year.
ADOPTED this 14 day of July, 2015
e
Teresa . Smith, Mayor, City of Orange
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ATTEST
Mary E. ity Cl i y range
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 14 day of July, 2015 by the
following vote:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN (RECUSED): COUNCILMEMBERS: Nichols
Mary E. urph , ity Clerk, Cit range
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