RES-10185 Annual Landscape Maintenance Assessment District 86-2 (Santiago Hills)RESOLUTION NO. 10185
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE REGARDING LANDSCAPE
MAINTENANCE DISTRICT 86-2 (
SANTIAGO HILLS) DECLARING ITS INTENT TO
PROVIDE FOR AN ANNUAL LEVY AND COLLECTION
OF ASSESSMENTS FOR FISCAL YEAR 2007-
2008; AND TO CONDUCT A PROPERTY
OWNER BALLOT FOR ALL NEW AND
INCREASED ASSESSMENTS PURSUANT TO PROPOSITION 218;
AND SETTING A TIME AND PLACE FOR A PUBLIC
HEARING TO RECEIVE PUBLIC TESTIMONY
ON THE FORGOING MATTERS; AND
TO GIVE PRELIMINARY APPROVAL TO
THE CERTIFIED ENGINEER'S REPORT
FOR LANDSCAPE MAINTENANCE DISTRICT
86-
2 (SANTIAGO HILLS).WHEREAS, the City Council of the City of Orange has
previously formed a special maintenance district pursuant to the terms of the Landscaping and
Lighting Act of 1972 being Division 15, page 2 of the Streets and Highways Code of
the State of California (hereafter referred to as the Act), and in accordance with the
provisions of the California Constitution, Article XIIID (hereafter referred to as
the Constitution) said special maintenance district known and designated as
Landscape Maintenance District No. 86-2 (hereinafter referred to
as Maintenance District); and WHEREAS, there has now been presented to the
City Council the Certified Engineer's Report (hereinafter Report) as required by said Division 15
of the Streets
and Highways Code; and WHEREAS, the City Council has now carefully
examined and reviewed the Report as presented, and is satisfied with each and all of the items
and documents as set forth therein, and the Council has made a preliminary
determination that the assessments have been spread in accordance with the benefits received
from the maintenance, from the maintenance to be performed, as set forth
in said Report; and WHEREAS, in order to maintain the current level
of maintenance, an assessment level greater than the maximum allowable assessment levy
by Proposition
218 is required; and WHEREAS, the City Council is desirous in to initiate
proceedings for a majority protest ballot pursuant to the provisions of the Act
WHEREAS, at this time the City Council is desirous in commencing proceedings
to provide for the annual levy of assessments for the next ensuing fiscal year in order to
provide for the costs and expenses necessary to pay for the maintenance of the
improvements in said 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, and it is the intention of the City
Council, to undertake proceedings for the annual levy and collection of assessments to
pay the costs and expenses for the maintenance of the improvements for the above
referenced Maintenance District, said improvements generally described as follows:
The works of maintenance shall include the repair, removal or replacement of any
of the landscaping improvements, together with necessary cultivation, irrigation,
trimming, spraying, fertilizing, and treating for disease or injury. For particulars,
reference is made to the Engineer's Report on file in the office of the City Clerk.
Section III:
That said works of improvements are of direct benefit to the properties within the
boundaries of said Maintenance District, which Maintenance District the legislative body
previously declared to be the area benefited by said works of improvement, and for
particulars, reference is made to the boundary map as previously approved by the City
Council, a copy of which is on file in the office of the City Clerk and open for public
inspection, and is designated by the name of this Maintenance District.
Section IV:
That the Report of the Engineer is hereby approved on a preliminary basis and is
ordered to be on file with the City Clerk and open for public inspection. Reference is
made to said Report for 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 assessable lots and parcels of land with the Maintenance
District.
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Section V:
As part of these proceedings and pursuant to the Constitution, each property
within the Maintenance District will receive a notice and ballot for such owner to express
support for or opposition to a proposed increase in their assessment.
Section VI:
Notice is hereby given that Tuesday, the 26th day of June, 2007, at the hour of
7:00 P.M., in the regular meeting place of the City Council, being the Council Chambers,
City Hall, is the time and place fixed by the City Council for hearing protests or
objections in reference to the annual levy of assessments, submit ballots 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 VII:
For any and all information relating to these proceedings, including information
relating to protest procedure, your attention is directed to the person designated below:
Jim 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 8th day of May,
2007.lty of
Orange
ATTEST:
Mary E, . , City CI, fOrange
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 8th day of May 2007, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
of OrangeMaryE,
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