RES-10364 Landscape Maintenance Assessment District 94-1 (Sycamore Crossing)RESOLUTION NO. 10364
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 2009-2010; 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 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 Certified Engineer's Report (hereinafter Report) as required by the Applicable
Law that describes the proposed annual levy of assessments for fiscal year 2009-2010
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 2009-2010
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
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 subj ect to a levy of assessment.
Section VII:
Notice is hereby given that Tuesday, May 261\ 2009, at 7 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.
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:
James Devore, Associate Civil Engineer
City of Orange Public Works Department
P.O. Box 449 - 300 East Chapman Avenue Orange,
California 92866-0449
714) 744-
5561 ADOPTED this lih day of May
2008.
ATTEST:f
Orange
Mary 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 lih day of May, 2009, by the
following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCILMEMBERS: Smith, Murphy, Cavecche,
Dumitru COUNCILMEMBERS:
None COUNCILMEMBERS:
Bilodeau COUNCILMEMBERS: