RES-10863 Landscape Maintenance District 94-1RESOLUTION NO. 10863
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 2015 -2016; 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 2015 -2016 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 2015 -2016 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 9` 2015, 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.
0)
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 12" day of May 2015.
Teresa E. Smith, Mayor, City of Orange
AT TEST:
Mary E. , City Clerk, C' f Orange
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 12 day of May, 2015, by the following
vote:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E. , City Clerk, ' of Orange