RES-10202 Property Owner Protest Ballot DeclarationRESOLUTION 10202
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, CALIFORNIA, DECLARING
THE RESULTS OF THE PROPERTY OWNER
PROTEST BALLOT PROCEEDINGS
CONDUCTED FOR THE LEVY OF
ASSESSMENTS RELATED TO THE PROPOSED
NEW OR INCREASE ASSESSMENTS FOR
PROPERTIES WITHIN 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 XIIID (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
the proposed new or increase assessments to be levied on properties
within the District; and WHEREAS, the proposed assessments presented to each
property owner of record within the District reflects their property's benefit and
proportional financial obligation for the operation, maintenance and servicing of
landscaping improvements and appurtenant facilities and expenses related to the District and associated with
such property. The ballots presented clearly identified the total amount balloted to
all properties, the proposed assessment rates, the property's proportional annual amount
commencing with Fiscal Year 2007-2008 and the inflationary adjustment
applicable to future assessments; and WHEREAS, upon the close of the Public Hearing held on
June 26, 2007 the protest ballots returned by the landowners of record within the
District, were opened and tabulated,the results of which
are illustrated in Exhibit A.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.
The proceedings were conducted with notices and ballots of the proposed new or increase
assessments presented to the affected qualified property owners within the District in
Fiscal Year 2007-2008 as required by law, with a required receipt of the returned
ballots to the City Council Clerk prior to the close of the Public Hearing on June 26,
2007.Section
IlL The canvass of the protest ballots cast within the District territory and
received prior to the close of the public hearing, weighted according to the proportional
financial obligation of the affected properties within each such designation herein is
hereby approved and
confirmed.Section
IV.The City Clerk is hereby directed to enter this Resolution on the minutes of
this meeting, which shall constitute the official declaration of the result of such
property owner protest
proceeding.Section
V.This Resolution shall become effective immediately upon its
adoption.Section
VL The City Clerk shall certify the adoption of this
Resolution.ADOPTED this 26th day of June
2007.
ATTEST:Marl.hy, City Clerk,.-
C:
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
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