RES-10715 Landscape Maintenance Assessment District 94-1RESOLUTION NO. 10715
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 2013 -2014; AND TO SET A TIME
AND PLACE FOR A PUBLIC HEARING TO
RECEIVE PUBLIC TESTIMONY ON THE
FOREGOING MATTERS; AND TO GIVE
APPROVAL TO THE PRELIMINARY 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 13D ") 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 Preliminary
Engineer's Report (hereinafter "Report") as required by the Applicable Law that describes
the proposed annual levy of assessments for fiscal year 2013 -2014 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 2013 -2014 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 ").
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.
Notice is hereby given that Tuesday, June 25 2013, at 4:30 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.
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 28" day of May 2013.
Teresa E. Sinith, Mayor, City of Orange
ATTEST:
r.,
Mary u , City Clef c, i 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 28' day of May, 2013, by the
following vote:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E. ity Cler ,City of ge