RES-8455 Declaring Intention to Levy and Collect Assessments for Landscape Maintenance District No. 94-1RESOLUTION NO. 8455
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ORANGE DECLARING
ITS INTENTION TO ORDER THE
FORMATION OF AN ASSESSMENT
DISTRICT AND TO LEVY AND
COLLECT ASSESSMENTS, AND
SETTING A TIME AND PLACE FOR
PUBLIC HEARINGS THEREON
AD 94-
1)WHEREAS, the CITY COUNCIL of the CITY OF ORANGE, CALIFORNIA,
has ordered and approved an Engineer's Report for the certain special assessment district
proceedings pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2
of the Streets and Highways Code of the State of California, in what is known and designated
as LANDSCAPE MAINTENANCE DISTRICT NO. 94-1 (hereinafter referred to
as the
Assessment District").NOW, THEREFORE, BE IT RESOL YED by the City Council of the City
of Orange
as
follows:RECITALS
Section I:That the above recitals are all true
and correct.DECLARATION
OF INTENTION
Section II:That the public interest and convenience require, and it is the intention of
this legislative body to order the formation of an assessment district and to levy and collect assessments to
pay the costs and expenses for the following designated installation maintenance,
replacement, and appurtenant work along the northerly and southerly upper banks of Santiago Creek
and abutting publicly
owned
property:
A.
B.
C.
D.E.Ornamental shrubs, trees and
ground cover;Habitat area including natural shrubs, trees and
ground cover;Complete irrigation system including pipes, valves, sprinkler heads
and controller;Complete bike trail including asphalt, signing, striping
and lighting;Soil cement
erosion protection.For particulars as to the location of said work, reference is made to the boundary
map and Engineer's Report as previously approved and on file in the Office of the
BOUNDARIES OF ASSESSMENT DISTRICT
Section III:
That said maintenance work is of direct benefit to the properties within the boundaries ofsaidAssessmentDistrict, which District the legislative body previously declared to be the areabenefitedbysaidmaintenancework, and for particulars reference is made to the proposedboundarymapaspreviouslyapprovedbythislegislativebody, a copy of which is on file in theOfficeoftheCityClerkandopenforpublicinspection, and designated by the name of thisAssessmentDistrict.
ASSESSMENTS AND ANNUAL MODIFICATIONS
Section IV:
A. Assessments. The public interest and convenience require, and it is the intention of thislegislativebodytoordertheannuallevyofassessmentsfortheinstallation, maintenance,replacement, and appurtenances of the above work of improvement as set forth and described in theEngineer's Report.
B. Modifications. Annual assessment increases will be caused by reason of increases inthecostsoflaborandmaterials. Assessments can be annually modified and increased to reflectincreasesinthecostsoflaborandmaterials, based upon a Consumer Price Index computed for thefirstIndexofMayofeachyear. No increase shall exceed any increase in the previously mentionedIndexwithoutadditionalnoticebeingmailedtoallpropertyownerswithintheboundariesoftheAssessmentDistrict, advising them of the increase or new assessment.
REPORT OF ENGINEER
Section V:
That the Engineer's Report on file with the City Clerk, setting forth a full and detaileddescriptionoftheproposedworkofimprovement, the boundaries of the proposed AssessmentDistrictandtheproposedassessmentuponassessablelands, as previously approved, is on file intheOfficeoftheCityClerkandopenforpublicinspection. Reference is made to said documentforallparticularsrelatingtotheseproceedings.
PUBLIC HEARINGS
Section VI:
NOTICE IS HEREBY GIVEN THAT TWO (2) PUBLIC HEARINGS ARE HEREBYSCHEDULEDINTHEREGULARMEETINGPLACEOFTHISLEGISLATIVEBODY,BEING THE COUNCIL CHAMBERS, CITY HALL, ON THE FOLLOWING DATES ANDTIMES:
A. FIRST PUBLIC HEARING: MARCH 28, 1995 AT 4:30 P.M. (pUBLICMEETING)
B. SECOND PUBLIC HEARING: APRIL II, 1995 AT 7:00 P.M.
AT THAT TIME THE LEGISLATIVE BODY WILL HEAR ANY PROTESTS OR
OBJECTIONS TO THE FORMATION OF THE PROPOSED DISTRICT, TO THE EXTENT
OF THE MAINTENANCE WORK AND TO THE METHOD AND FORMULA OF THE
ASSESSMENT. ANY PERSON WISHING TO OBJECT TO THESE PROCEEDINGS AND
ALL MATIERS AS SET FORTH IN THIS RESOLUTION OF INTENTION SHOULD FILE
A WRITIEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET FOR THE
PUBLIC HEARING.
PROCEEDINGS FOR THE DISTRICT FORMATION SHALL BE ABANDONED IF A
WRITIEN MAJORITY PROTEST EXISTS UPON THE CONCLUSION OF THE PUBLIC
HEARING.
PUBLIC AND UTILITY PROPERTY
Section VII:
That it is hereby determined that public property owned by any public agency and in the
use and performance of a public function and which is included within the boundaries of this
Assessment District shall be omitted and exempt from any assessment made under these
proceedings. If any railroad, gas, water or electric utility right-of-way shall be included
within the boundaries of the Assessment District and subject to assessment, in determining the
extent of benefit it shall be presumed that its use as a utility shall
be
permanent.NOTICE
Section VIII:That the City Clerk is hereby authorized and directed to give notice by mailing
notice of said Public Hearing and the adoption of the Resolution of Intention and of the filing
of the Engineer's Report to all persons owning real property proposed to be assessed, whose
names and addresses appear on the last equalized assessment roll for County taxes prior thereto, or
as known to said City Clerk, and to all other persons as required in accordance with the provisions
of the Landscaping and Lighting Act of 1972", said mailing to be completed not less than
forty-five (45)days prior to the conclusion of
the public
hearing.PROCEEDINGS
INOUIRIES Section IX: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 ENGINEERING DEPARTMENT
CITY OF ORANGE 300
EAST CHAPMAN AVE.
ORANGE, CA 92666
TELEPHONE: (714) 744-5544 ADOPTED this lATh
10 e Coontz, Mayor of the City of
ArrEST:
171"A1'~~ aA-
UJR~Marilyn I. Ie en, Ci Cletk1lfthe City of
Orange 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 14th day
of Fphrll"ry , 1995, by the following
vote:AYES:COUNCIL MEMBERS: MURPHY, BARRERA, MAYOR COONTZ,
SPURGEON
SLATER NOES:COUNCIL MEMBERS:
NONE ABSENT:COUNCIL MEMBERS:
NONE A'~~ Q ~/j4~P~-/
Marilyn J. Ie , City ef6~e City of Orange