RES-9983 Special Maintenance Annual Assessment District 82-1 Shadow RidgeI
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RESOLUTION NO. 9983
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDING FOR THE LEVY OF
THE ANNUAL ASSESSMENT FOR SPECIAL
MAINTENANCE DISTRICT 82-
1.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 part 2
of Division 15 of the Streets and Highways Code of the State of California, in what is known
and designated as landscape Maintenance District No, 82-1 (hereinafter referred to as
Assessment
District);and WHEREAS, the City Council has initiated proceedings for the levy of the
annual assessment for the Assessment
District; and WHEREAS, at this time a public hearing has been held in the manner and form as
required by law, and the City Council has considered all oral statements and written protests made or filed
by an interested
persons; and WHEREAS, this City Council is now satisfied with the assessment and diagram and
all other matters as contained in the Engineer's Report as now submitted for final consideration and
approval, and is now desirous of proceeding with the levy of the
annual assessment.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 all protests and objections of every kind and nature by, and the same hereby
are, overruled
and denied,
Section III:That the final Engineer's Report consisting of the final submitted assessment and diagram
for the proceedings, is hereby approved and confirmed and a copy of said Report is hereby filed with
the
City Clerk.
Section IV:That the assessments for fiscal year 2005/2006 as contained in the final Engineer's
Report as approved, are hereby confirmed and levied upon the respective subdivisions of land in
the Assessment District in the amounts as set forth in said final approved Engineer'
s Report.
Section V:The City Clerk shall immediately accomplish
the following:A. Deliver to the Superintendent of Streets the assessment, together with the
diagram attached thereto and made a part thereof, as confirmed, with a Certificate of Confirmation attached and
the date thereof. Said Superintendent of Streets shall then immediately place for a record said
diagram and assessment in his office in a suitable book as a permanent record and attach a Certificate
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B. Cause to be filed a certified copy of a diagram and assessment with the County Auditor, said
filing to be completed no later than the 3'" Monday in August.
Section VI:
That the above confirmed assessment shall be collected at the same time and in the same manner
as County property taxes are collected, and all laws providing for the collection and enforcement of these
assessments.
ADOPTED this 14th day of June, 2005,
ATTEST:
MaryE.M
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 14th day of June, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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Mary E.y, ity Clerk, City of ange
DPWE-jd 2-Reso No.
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FINAL
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 Fiscal Year 2005/
2006 CITY OF
ORANGE June,
2005
TABLE OF CONTENTS
I PAGE
PART 1 AUTHORITY FOR REPORT 1
PART 2 PURPOSE OF REPORT 1
PART 3 DISCUSSION 1-
2 PART 4 ENGINEER'S ANALYSIS
2-6
Boundaries 2-
3 Facilities 3-6 PART 5
METHOD OF ASSESSMENT 6 PART
6 FINANCIAL ANALYSIS 6-
7 EXHIBIT A - DIAGRAM
EXHIBITB METHOD OF
ASSESSMENT EXHIBITC ESTIMATED COSTS
EXHIBITD -
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ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 City of
Orange PART 1 - AUTHORITY FOR REPORT
This Report is prepared pursuant to the order of the City Council of the City
of Orange in compliance with the requirements of Article 4, Chapter 1,
Landscaping and Lighting Act of 1972 (1972 Act), which is Division 15,
commencing with Section 22400, of the Streets and Highways Code.
PART 2 - PURPOSE OF REPORT The
purpose of this report is to present the engineering analysis for the 2004/
2005fiscal year for the district known as:Landscape
Maintenance District No. 82-1
hereinafter referred to as "District").
This District, by direct benefit assessments, provides funding for the
maintenance, operation, and administration of landscape maintenance
improvements in a certain area of the City of Orange.
PART 3 -DISCUSSION
Streets and Highways Code, Section 22573, requires assessments to be levied
according to benefit rather than according to assessed value. The section
states:
The net amount to be assessed upon lands within an assessment
district may be apportioned by any formula or method which
fairly distributes the net amount among all assessable lots or
parcels in proportion to the estimated benefits to be received by
each such lot or parcel from the improvements.
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The determination of whether or not a lot or parcel will benefit
from the improvements shall be made pursuant to the
Improvement Act of 1911 (Division 7 commencing with Section
5000 of the Streets and Highways Code, State of California)."
The 1972 Act also provides for the classification of various areas within an
assessment district into different zones where,
by reason of variations in the nature, location, and extent of the
improvements, the various areas will receive differing degrees of
benefit from the improvements. A zone shall consist of all
territory which will receive substantially the same degree of
benefit from the improvements."
The assessments are levied on the basis of benefit are considered a special
assessment subject to Article XIIIC ofthe State Constitution.
Properties owned by public agencies, such as a city, county, state, or the
federal government and public utilities are assessable pursuant to Article
XIIIC. Railroad operating rights-of-way are exempt
from assessment.Annexation of territory to an existing assessment district is provided
by the 1972 Act, .commencing with Section 22605. The 1972 Act
further provides that, an assessment district may consist of contiguous or
non contiguous areas. Annexation proceedings are limited to the territory proposed
to
be annexed.PART 4 - ENGINEER'S
ANALYSIS
Boundaries The exterior boundaries of District No.82-1 are more particularly
described in Exhibit "A" of Resolution 5800. The boundaries of said District
are coincident with the subdivision known as Tract 10486, consisting of 56 lots
and
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on a map recorded in Book 487, Page 3 to 7, inclusive, of Miscellaneous Maps
in the office of the County Recorder for Orange County California. Said lots
are shown on Exhibit "A" attached hereto.
All parcels of real property affected are more particularly described in maps
prepared in accordance with Section 327 of the Revenue and Taxation Code,
which are on file in the office of the Orange County Assessor, and which are
made a part of this report by reference.
Facilities
The landscape improvements are generally described as follows:
The improvement areas as more particularly shown and described in Exhibit
A" to Resolution 5800, have been previously improved with trees, shrubs"
miscellaneous ground cover, automatic irrigation system and separate Water
meter, pursuant to landscape plans approved by the City of Orange.
Maintenance shall include, but not be limited to:
A. repair, removal,. or replacement of all or any part of any included
improvement;
B. providing for the life, growth, health, and beauty of landscaping,
including cultivation, irrigation, trimming, spraying, fertilizing, and
treating for disease or injury; and
C. the removal of trimmings, rubbish, debris, and other solid waste.
PART 5 - METHOD OF ASSESSMENT The
method of distributing the landscape maintenance costs and the a~ounts to
be assessed on the various parcels is shown in Exhibit B.3
PART 6 - FINANCIAL ANALYSIS The
facilities which are to be maintained by this landscape maintenance district
were installed by the developer of Tract No. 10486. The estimated costs
of maintenance, operation, and administration of the facilities are shown
in Exhibit C. .The
individual 2005/2006 assessments, tabulated by Assessor's Parcel Number,
are on file with the City Clerk of the City of Orange, and are attached
as Exhibit D, Assessment Roll.All
lots l!ndparcels of land known as public property, as defined under Section
22663 of the 1972 Act, have been included and are assessable under these
proceedings.The
1972 Act permits carrying forward surpluses or recovering deficits in subsequent
fiscal years. Costs for the District are reviewed annually and subsequent
year's assessments will be credited or debited, as necessary.The
total assessment to be levied for 2005/2006 by the district is $11,975.00.The
assessments for Landscape Maintenance District No. 82-1, City of
Orange, . have been apportioned in direct accordance with the special and
direct benefits that each parcel receives from the maintenance, operation, and
administration of the Works of Improvement.
5"- ,-os-arry
W. Thomas, RCE No. 18542 Public
Works Director/City Engineer 4
Exhibit A
Page 1 of 1
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EXHIBIT A
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 City of
Orange
DIAGRAM
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EXHIBIT A LANDSCAPE ASSESSMENT
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Exhibit B
Page lof2
EXHIBITB
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 City of
Orange METHOD OF
ASSESSMENT
Backe-round The Landscaping and Lighting Act of 1972 provides that assessments
may be apportioned by any formula or method which fairly distributescostsamongalllotsorparcelswithinthedistrictinproportiontothe
estimated special benefits received. It is necessary to identify the benefit that the
Works of Improvement will render to the properties within the Assessment
District. It is also necessary that the properties receive a special and direct
benefit as distinguished from benefit to the
general public.Method
of Assessment The undersigned has determined that all lots within the District
do not benefit equally from the
landscaped areas.Lots 1-10 receive major benefit from the District since
slopes which provide lateral support and protection of their homes constitutes the
major cost of maintenance within the District. Lots 11.56 receive benefits in
the form of beautification from perimeter tract landscaping. They
receive equal benefit in the form of visual amenities
to their property.Using the previous benefit evaluation, Lots 1.10 will share 50%
of the total cost of yearly maintenance. Lots 11-56 will share the
remaining 50% of the
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Exhibit B
Page 2of2
Assessment to Lots 1-
10 Assessment to Lots
11-56 483.00 Lot/Year (l/10x50%) ($9,
660.00)105.00 Lot/Year (l/46x50%) ($9,
660.00)This assessment is the same as Fiscal Year
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Exhibit C
Page lof3
EXHIBIT C
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 City of
OrangeESTIMAT:ED
COSTS The estimated budget necessary for the 2005/2006 Fiscal Year for the
District is as
follows:Regular Salaries - Miscellaneous
Sala.ries PERS Pick- Up
Vacation Payout - Miscellaneous Workers
Compensation Accured
Liability Payoff Health,
Dental, and Life Unemployment
Disability
Medicare
Pers
Retirement Total
Salaries and Benefits Water
Electricity
Landscape
Maintenance - Contractor Other Professional &
Consulting Services Contractual Services (
Labor & Maint.)Total Contractual
Services 1,848
159 70
132
24
222
2
11
29
132
2,
629
1,575
500 5,
500
600 3.
800
11,975
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Exhibit C
Page 2 of3
Seeds and Plants
Pipes and Fittings
0
Q
Total Materials and Supplies 0
G & A Overhead Allocation
FMIS Allocation
206
o
Total Internal Service Costs 206
Total Expenditures for Fiscal Year
2005/2006
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Exhibit C
Page 3 of3
EXHIBIT C
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 City of
Orange ESTIMATED FUND
BALANCES ESTIMATED
REVENUES Interest on Fund
Balance Assessments for Fiscal Year 2004/
2005 Use of Rate Stabilization
Fund
700 9,
660 4,
450 14,810
TOTAL TOTAL
EXPENDITURES Budget for Fiscal Year 2004/2005 14,
810 ESTIMATED
RESERVES Cash Flow Fund (6 mo.
expenditures)Contingency
Fund Assessment Rate Stabilization
Fund
TOTAL 6,
551 2,
620 3.
930 13,
Exhibit D
Page 1 of 1
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EXHIBITD.
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 City of
Orange FISCAL YEAR 2005/2006 ASSESSMENT
ROLL The assessed parcels and assessments are listed by their
corresponding assessment numbers in the following Assessment
Roll.
I Filename Eng, Report 82.
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FUNDN01APN LEVY FUNDN02
12 36152101 483.00 058
12 36152102 483.00 058
12 36152103 483.00 058
12 36152104 483.00 058
12 36152105 483.00 058
I2 36152106 483.00 058
12 36152201 105.00 058
12 36152202 105.00 058
12 36152203 105.00 058
12 36152204 105.00 058
12 36152205 105.00 058
12 36152206 105.00 058
12 36152207 105.00 058
12 36152208 105.00 058
12 36152209 105.00 058
1236152210 105.00 058
12 36152211 105.00 058
12 36152212 105.00 058
12 36152213 105.00 058
12 36152214 105.00 058
12 36152215 105.00 058
12 36152216 105.00 058
12 36152217 105.00 058
12 36152218 .105.00 058
12 36152219 105.00. 058
12 36152220 105.00 058
I2 36152221 105.00 058
12 36152222 105.00 058
12 36152223 105.00 058
12 36152224 105.00 058
12 36152225 105.00 058
12 36152226 105.00 058
12 36152227 105.00 058
12 36152228 105.00 058
12 36152229 105.00 058
12 36152230 105.00 058
12 36152231 105.00 058
12 36152301 105.00 058
12 36152302 105.00 058
12 36152303 105.00 058
12 36153101 483.00 058
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I2
36153102 483.00 058 12
36153103 483.00 058 12
36153104 483.00 058 12
36153105 105.00 058 12
36153106 105.00 058 12
36153107 105.00 058 12
36153108 105.00 058 I2
36153109 105.00 058 12
36153110 105.00 058 12
36153111 105.00 058 12
36153112 105.00 058 I2
36153113 105.00 058 12
36153114 105.00 058 12
36153115 105.00 058 12
36153116 105.00 058 9660.
00