Loading...
RES-10201 Annual Assessment 2007-08 Landscape Maintenance District 86-2RESOLUTION NO.I0201 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, CALIFORNIA, ORDERING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2007-2008 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 86-2.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 increased 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, in accordance with the provisions of the Constitution, the City Council has caused and conducted a property owner protest ballot proceeding for a proposed new or increase in assessments to be levied on properties within the District; and WHEREAS, the City Council has by previous Resolutions declared the results of said property owner protest ballot proceeding regarding the proposed levy and collection of new or increase assessments for the maintenance of landscape improvements related to the District including an annual inflationary adjustment; and WHEREAS, the City Council has by Resolution approved the Final Engineer's Report hereafter referred to as the Engineer's Report) that describes the assessments against parcels ofland within the District commencing with Fiscal Year 2007-2008; and WHEREAS, the City Council desires to levy and collect annual special benefit assessments against parcels of land within the District commencing with Fiscal Year 2007-2008 to pay the operation, maintenance and servicing of landscaping improvements and appurtenant facilities and expenses related to the District and pursuant to the Act.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange, as follows:RECITALS Section 1.That the above recitals Section 11. Following notice duly given, the City Council has held a full and fair Public Hearing regarding the District, the levy and collection of assessments, the Engineer's Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters. Section nr. Based on public testimony, the facts presented and the results of the property owner protest ballot proceedings, the City Council by resolution has approved the Engineer's Report as presented or amended and hereby finds and determines: a. The land within the District receives special benefit from the operation, maintenance and servicing of landscaping improvements and appurtenant facilities and expenses related to the District; and, b. The District territory includes all of the lands receiving such special benefit; and, c. The net amount to be assessed upon the lands within the District is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services. Section IV. The improvements and assessments as presented in the Engineer's Report on file in the Office of the City Clerk are hereby confirmed as filed or as amended by City Council action and the minutes of this meeting. Section V. The City Council has, by Resolution, declared the results of the majority protest balloting proceeding and has adopted an Engineer's Report establishing the maximum assessment rate that shall be levied for Fiscal Year 2007-2008. Said assessments are hereby adopted and ordered to be levied and collected by the County of Orange on behalf of the District pursuant to the Act.Section vr.The City Clerk is hereby directed to enter this Resolution on the minutes of the City Council meeting and shall constitute the official declaration of the confirmation of the maximum assessment, commencing with Fiscal Year 2007-2008 as outlined in the final Engineer' s Report. Section VIr.This Resolution shall become effective immediately upon its Section vnr. The City Clerk shall certify the adoption of this Resolution. ADOPTED this 26th day of June 2007. ATTEST: Orange i~~ Cl~_./ Mary E. City Clerk, . I, MARY E. MURPHY, City Clerk of the Ctiy 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 lL.~ Mary E.City Cle , . 3