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RES-9123 Preliminary Approval Landscape Maintenance District No. 82-1RESOLUTION NO. 9123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE GIVING PRELIMINARY APPROVAL TO THE CERTIFIED ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 82-1 (SHADOW RIDGE) AND DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN THAT SPECIAL MAINTENANCE DISTRICT AND SETTING A TIME AND PLACE FOR PUBLIC HEARING TO RECEIVE EVIDENCE ON THE FOREGOING MATTERS.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, said special maintenance district known and designated as Landscape Maintenance District No. 82-1 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, at this time the City Council is desirous in commencing proceedings to provide for the annua11evy 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 requires, 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 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 if 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. Section V: Notice is hereby given that Tuesday, the 13th day of July, 1999, at the hour of7:00 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 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 VI: For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Bob Knaak, Development Services Supervisor City of Orange Public Works Department P.O. Box 449 - 300 East Chapman Avenue Orange, California 92866-0449 714) 744- 5559 Reso No. 9123 2- ADOPTED this ~ day of~, 1999. J6inne Coontz, Mayor ofth v~ ATTEST: I 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 ~ day of~, 1999, by the following vote: AYES: COUNCILMEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Cassandra J. Cathcart, . Clerk of the City of Orange Reso No. 9123 3-DPWE-