RES-10201 Annual Assessment 2007-08 Landscape Maintenance District 86-2RESOLUTION NO.I0201
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, CALIFORNIA, ORDERING
THE LEVY OF ASSESSMENTS FOR FISCAL YEAR
2007-2008 FOR LANDSCAPE
MAINTENANCE DISTRICT NO.
86-2.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 increased
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, in accordance with the provisions of the Constitution,
the City Council has caused and conducted a property owner protest ballot proceeding for
a proposed new or increase in assessments to be levied on properties
within the District; and WHEREAS, the City Council has by previous Resolutions declared
the results of said property owner protest ballot proceeding regarding the proposed levy
and collection of new or increase assessments for the maintenance of landscape
improvements related to the District including an
annual inflationary adjustment; and WHEREAS, the City Council has by Resolution approved the
Final Engineer's Report hereafter referred to as the Engineer's Report) that describes
the assessments against parcels ofland within the District commencing with
Fiscal Year 2007-2008; and WHEREAS, the City Council desires to levy
and collect annual special benefit assessments against parcels of land within the District
commencing with Fiscal Year 2007-2008 to pay the operation, maintenance and
servicing of landscaping improvements and appurtenant facilities and expenses related to the District
and pursuant to the Act.NOW, THEREFORE, BE IT RESOLVED by the City Council
of the
City
of Orange,
as follows:RECITALS Section 1.That the above recitals
Section 11.
Following notice duly given, the City Council has held a full and fair Public Hearing
regarding the District, the levy and collection of assessments, the Engineer's Report
prepared in connection therewith, and considered all oral and written statements, protests
and communications made or filed by interested persons regarding these matters.
Section nr.
Based on public testimony, the facts presented and the results of the property
owner protest ballot proceedings, the City Council by resolution has approved the
Engineer's Report as presented or amended and hereby finds and determines:
a. The land within the District receives special benefit from the operation,
maintenance and servicing of landscaping improvements and appurtenant facilities and
expenses related to the District; and,
b. The District territory includes all of the lands receiving such special
benefit; and,
c. The net amount to be assessed upon the lands within the District is
apportioned by a formula and method which fairly distributes the net amount among all
eligible parcels in proportion to the estimated special benefits to be received by each
parcel from the improvements and services.
Section IV.
The improvements and assessments as presented in the Engineer's Report on file
in the Office of the City Clerk are hereby confirmed as filed or as amended by City
Council action and the minutes of this meeting.
Section V.
The City Council has, by Resolution, declared the results of the majority protest
balloting proceeding and has adopted an Engineer's Report establishing the maximum
assessment rate that shall be levied for Fiscal Year 2007-2008. Said assessments
are hereby adopted and ordered to be levied and collected by the County of Orange on
behalf of the District pursuant to the
Act.Section
vr.The City Clerk is hereby directed to enter this Resolution on the minutes of
the City Council meeting and shall constitute the official declaration of the confirmation
of the maximum assessment, commencing with Fiscal Year 2007-2008 as outlined
in the final Engineer'
s Report.
Section VIr.This Resolution shall become effective immediately upon
its
Section vnr.
The City Clerk shall certify the adoption of this Resolution.
ADOPTED this 26th day of June 2007.
ATTEST:
Orange
i~~ Cl~_./
Mary E. City Clerk, .
I, MARY E. MURPHY, City Clerk of the Ctiy 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
lL.~
Mary E.City Cle , .
3