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RES-10879 Landscape Maintenance District 15-1RESOLUTION NO. 10879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF THE LANDSCAPE MAINTENANCE DISTRICT NO. 15 -1 ASSESSMENTS FOR FISCAL YEAR 2015 -16. WHEREAS, by Resolution No. 10853, approved March 10, 2015, the City Council ordered the initiation of proceedings for the formation of a landscape maintenance district pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California Streets and Highways Code (commencing with § 22500 thereof) ( "Act ") and Article XIII -D of the California Constitution to be known as the Landscape Maintenance District No. 15 -1 Assessment District ") of the City of Orange, for the purpose of financing the cost of installation, maintenance and servicing as detailed in the Engineer's Report prepared by the Assessment Engineer, SCI Consulting Group; and WHEREAS, the City Council has adopted a resolution approving and filing an Engineer's Report which includes: (1) a description of the Improvements to be funded with assessment proceeds; (2) an estimate of the annual cost of the Improvements described in the Engineer's Report; (3) a description of the assessable parcels of land within the District and proposed to be subject to the new assessment; (4) a description of the proportionate special and general benefits conferred on property by the proposed assessment; (5) a diagram and boundary map for the Assessment District, and (6) a specification of the amount to be assessed upon various types of assessable land within the Assessment to fund the cost of the Improvements. The Engineer's Report is incorporated herein by this reference; and WHEREAS, the City Council adopted Resolution No. 10857 on April 14, 2015, a Resolution Declaring Intention to Levy Assessments, Preliminarily Approving the Engineer's Report, Providing Notice of Public Hearing and the Mailing of the Assessment Ballots. The annual assessment rates for various types of real property within the proposed assessment, the total number of parcels to be assessed, and the total amount of annual assessment revenue is contained within the Engineer's Report; and WHEREAS, the City Council adopted Resolution No. 10858 on April 14, 2015, a Resolution of Intention to Conform with Proposition 218 and its requirements; and WHEREAS, the City Council has provided a 45 -day written mailed notice to each record owner of assessable parcels of real property located within the Assessment boundaries for the proposed Landscape Maintenance District, as set forth on the Assessment Diagram and Boundary Map, of a public hearing which was held at a regular meeting of the City Council on June 9, 2015, at 7:00 p.m. at the Orange City Hall, located at 300 East Chapmen Avenue, Orange, CA, on the issue of whether the Landscape Maintenance District should be formed and assessments levied and collected as proposed in the Engineer's Report for Fiscal Year 2015 -16 and future fiscal years; and 10. The authorized maximum assessment to be levied in future fiscal years shall be adjusted based on the Los Angeles- Riverside - Orange County area Consumer Price Index, but not exceeding three percent (3 %) per year; and 11. The City of Orange City Council hereby certifies that the assessments to be placed on the 2015 -16 secured tax rolls meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the California Constitution; and 12. Immediately upon the adoption of this resolution, but in no event later than the second Monday in August following such adoption, the City Council shall file a certified copy of the Diagram and Assessment and a certified copy of this resolution with the Auditor /Tax Collector of the County of Orange ( "County Auditor /Tax Collector "). Upon such filing, the County Auditor /Tax Collector shall enter on the County tax roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the Assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County Tax Collector, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City of Orange Landscape Maintenance District No. 15 -1; and 13. The monies representing assessments collected shall be deposited in a separate fund established under the distinctive designation of the Landscape Maintenance District No. 15 -1. Funds collected from Landscape Maintenance District No. 15 -1 Assessment shall be expended only for the special benefit of parcels within the District; and 14. The Landscape Maintenance District No. 15 -1 Assessment, as it applies to any parcel, may be corrected, cancelled or a refund granted as appropriate, by order of the City Council by a determination from the Assessment Engineer that the Assessment should be revised to be consistent with the method of assessment established in the Engineer's Report. Any such corrections, cancellations or refunds shall be limited to the current fiscal year. ADOPTED this 14 day of July, 2015 e Teresa . Smith, Mayor, City of Orange 0 ATTEST Mary E. ity Cl i y range 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 14 day of July, 2015 by the following vote: AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN (RECUSED): COUNCILMEMBERS: Nichols Mary E. urph , ity Clerk, Cit range 5