RES-10200 Approval of Engineer's Report Landscape Maintenance Annual Assessment District 86-2RESOLUTION 10200
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, CALIFORNIA, APPROVING
THE FINAL ENGINEER'S REPORT FOR THE
ANNUAL LEVY OF ASSESSMENTS AND THE
PROPOSED NEW OR INCREASE ASSESSMENTS
CONNECTED THEREWITH FOR LANDSCAPE
MAINTENANCE DISTRICT NO. 86-
2,COMMENCING IN FISCAL YEAR
2007-2008.WHEREAS, The City Council of the City of Orange (hereinafter referred to as
the City Council) has, by previous Resolutions, formed Landscape Maintenance District
No. 86-2 hereinafter referred to as the District), and initiated proceedings for the
levy and collection of assessments of said District, including any new or increase assessments
related thereto for Fiscal Year 2007-2008, 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), and the
provisions of the California Constitution Article xmD (hereinafter referred to
as the Constitution);and WHEREAS, there has now been presented to this City Council an
Engineer's Report; in connection with the annual levy of assessments for Fiscal Year
2007-2008, and the City Council declared its intention to conduct a property owner
protest ballot proceeding for the levy and collection of new or increase assessments to pay
for the cost of improvements related thereto commencing with Fiscal Year 2007-
2008, in accordance with
the provisions of the Constitution; and WHEREAS, the City Council has by previous
Resolutions, ordered the preparation of an Engineer's Report (hereafter referred to as
Engineer's Report) regarding the District territory, the improvements, expenses and assessments
related thereto, as required by Chapter 3, Section 22623 of the 1972 Act, and said Engineer's
Report has been prepared, filed with the City Clerk and previously
presented to the City Council; and WHEREAS, the City Council called and
duly held property owner protest ballot proceedings for the proposed new or increase
assessments related to the District in accordance with the provisions of the Constitution, the
results of which have been presented
and confirmed by City Council; and WHEREAS, the City Council has carefully
examined and reviewed the Engineer's Report, considered all public testimony and
written protests presented, and evaluated the results of the property owner protest ballot
proceedings
to determine if majority protest exists.NOW, THEREFORE, BE IT RESOLVED by the City
Council of
RECITALS
Section I.
That the above recitals are all true and correct.
Section II.
Based on testimony given, the results of the property owner protest ballot
proceedings and the documents and discussion presented, the City Council has directed
and confirmed any necessary modifications or amendments to the Engineer's Report
previously presented and filed, and said modifications or amendments so reflected by the
minutes of this meeting shall by reference be incorporated into the approved Engineer's
Report.
Section III.
The Engineer's Report as approved shall constitute the territory and properties
within the District in Fiscal Year 2007-2008, and confirms and establishes the
maximum assessment rates and method of apportionment adopted by the City Council
in accordance with the benefits received from the improvements, operation,
maintenance and services to be performed and authorized within the
District.Section
IV.The Engineer's Report as presented or amended is ordered to be filed in the
City Clerk as a permanent record and to remain open to public
inspection.ADOPTED this 26th day of June 2007, by the following
vote:
ATTEST:
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 26th day of June 2007, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: Smith
COUNCILMEMBERS: None
3