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RES-10200 Approval of Engineer's Report Landscape Maintenance Annual Assessment District 86-2RESOLUTION 10200 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS AND THE PROPOSED NEW OR INCREASE ASSESSMENTS CONNECTED THEREWITH FOR LANDSCAPE MAINTENANCE DISTRICT NO. 86- 2,COMMENCING IN FISCAL YEAR 2007-2008.WHEREAS, The City Council of the City of Orange (hereinafter referred to as the City Council) has, by previous Resolutions, formed Landscape Maintenance District No. 86-2 hereinafter referred to as the District), and initiated proceedings for the levy and collection of assessments of said District, including any new or increase assessments related thereto for Fiscal Year 2007-2008, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereinafter referred to as the Act), and the provisions of the California Constitution Article xmD (hereinafter referred to as the Constitution);and WHEREAS, there has now been presented to this City Council an Engineer's Report; in connection with the annual levy of assessments for Fiscal Year 2007-2008, and the City Council declared its intention to conduct a property owner protest ballot proceeding for the levy and collection of new or increase assessments to pay for the cost of improvements related thereto commencing with Fiscal Year 2007- 2008, in accordance with the provisions of the Constitution; and WHEREAS, the City Council has by previous Resolutions, ordered the preparation of an Engineer's Report (hereafter referred to as Engineer's Report) regarding the District territory, the improvements, expenses and assessments related thereto, as required by Chapter 3, Section 22623 of the 1972 Act, and said Engineer's Report has been prepared, filed with the City Clerk and previously presented to the City Council; and WHEREAS, the City Council called and duly held property owner protest ballot proceedings for the proposed new or increase assessments related to the District in accordance with the provisions of the Constitution, the results of which have been presented and confirmed by City Council; and WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report, considered all public testimony and written protests presented, and evaluated the results of the property owner protest ballot proceedings to determine if majority protest exists.NOW, THEREFORE, BE IT RESOLVED by the City Council of RECITALS Section I. That the above recitals are all true and correct. Section II. Based on testimony given, the results of the property owner protest ballot proceedings and the documents and discussion presented, the City Council has directed and confirmed any necessary modifications or amendments to the Engineer's Report previously presented and filed, and said modifications or amendments so reflected by the minutes of this meeting shall by reference be incorporated into the approved Engineer's Report. Section III. The Engineer's Report as approved shall constitute the territory and properties within the District in Fiscal Year 2007-2008, and confirms and establishes the maximum assessment rates and method of apportionment adopted by the City Council in accordance with the benefits received from the improvements, operation, maintenance and services to be performed and authorized within the District.Section IV.The Engineer's Report as presented or amended is ordered to be filed in the City Clerk as a permanent record and to remain open to public inspection.ADOPTED this 26th day of June 2007, by the following vote: ATTEST: 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 26th day of June 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: Smith COUNCILMEMBERS: None 3