RES-10079 Annual Landscape Maintenance Assessment District 82-1 (Shadow Ridge)RESOLUTION NO. 10079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE REGARDING LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT 82-1 (SHADOW
RIDGE)DECLARING ITS INTENTION TO PROVIDE FOR
AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS
FOR FISCAL YEAR 2006-2007; 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 82-
1 (SHADOW RIDGE)WHEREAS, the City Council of the City of Orange previously formed
City of Orange Landscape Maintenance District No. 82-1 (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 IS 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 2006-2007 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 2006-2007 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
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 subject to a levy of assessment.
Section VI:
Notice is hereby given that Tuesday, July II, 2006, 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 increased 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 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:
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-
ADOPTED this 13th day of June, 2006.
6-
tN ofOrangeMarkA. Murphy,
Mayo
ATTEST:Lt<<
EL-MaryE. ~tyClerk,
City.~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 13th day of June, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCILMEMBERS: Smith, Murphy, Cavecche,
Dumitru COUNCILMEMBERS:
None COUNCILMEMBERS:
None COUNCILMEMBERS:
None
t(Mary E y, City Clerk, Ci