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HomeMy WebLinkAboutReso 2016-116 - Landscape Maintenance DistrictRECORDING REQUESTED BY: City of Redding WHEN RECORDED RETURN TO: City Clerk City of Redding 777 Cypress Avenue Redding CA 96001 RESOLUTION NO. 2016-116 LANDSCAPE MAINTENANCE DISTRICT 03-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING: (1) CONFIRMING THE MAP OF THE ASSESSMENT DISTRICT AND APPROVING THE ENGINEER'S REPORT. (2) ORDERING THE FORMATION OF TERRITORY INTO A LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AS LANDSCAPE MAINTENANCE DISTRICT 03-16. (3) APPROVING THE ANNUAL ASSESSMENTS FOR FISCAL YEAR 2017-18 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, COMMENCING WITH SECTION 22500 OF THE STREETS AND HIGHWAYS CODE AND ORDERING THE LEVY OF THE SAME FOR FISCAL YEAR 2017-18. WHEREAS: A. The approval of River Pointe Subdivision 2015-00457 Final Map is a concurrent City of Redding City Council agenda item; and B. Conditions 27 and 28 of the River Pointe (formerly Waverly Manor) Conditions of Approval requires that the applicant consent to participate in the formation of a landscape maintenance district; and C. The applicant, Lyle Tullis, signed and delivered to the City a petition for the formation of Q territory encompassing the land lying within the area of River Pointe Subdivision, 2015-00457 into a landscape maintenance district; and D. City Council Policy No. 1705 provides that under no circumstance shall the City accept fj public improvements constructed by the subdivider or project applicant until formation of the required maintenance district is completed and the assessments levied; and E. Streets and Highways Code Section 22608.2 provides that if an ordinance requires the installation of improvements by a subdivider, a resolution may be adopted which provides that the territory owned by the subdivider comes under the terms of said ordinance and may order that the territory be formed into an assessment district without hearing or filing of an engineer's report; and F. The applicant owns all the property which is proposed for formation into a landscape maintenance district, Redding Municipal Code Sections 17.32.020, 17.32.110, 17.32.120, 17.38.020, 17.38.100, and 18.47.040 collectively serve to require the installation of improvements by the subdivider, and the territory to be formed into a landscape maintenance district falls within the scope and application of said ordinances; and G. The City Engineer has filed the Engineer's Report with the City Clerk pursuant to Streets and Highways Code Section 22565, et seq., setting forth a full and detailed description of the improvements, the boundaries of the proposed assessment district and any zones therein, any bonds or notes to be issued, and the proposed assessments upon assessable lots and parcels of land within the proposed assessment district; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. That the foregoing recitals are true and correct. 2. Pursuant to Streets and Highways Code Section 22586, the City Council hereby approves the Engineer's Report, as filed with the City Clerk, and thereby confirms and adopts the map of the assessment district contained in the Engineer's Report. 3. The City Council finds that the Engineer's Report has fairly and properly apportioned the costs of the improvements to each residential unit in the district in proportion to the estimated benefits to be received by each benefit unit from the improvements. 4. The territory within the maps of the assessment district set forth in the Engineer's Report is hereby formed into an assessment district under the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.) to be hereafter known as Landscape Maintenance District 03-16. 5. Only costs for landscaping; mulching; vandalism abatement; vegetation management; repairs to the irrigation system; electric and water charges; replacement of vegetation as necessary; removal of trimmings, rubbish, and debris; and other improvements to remove or cover graffiti; administrative costs; and such other maintenance and incidental expenses as are authorized by Streets and Highways Code Sections 22526 and 22531 will be assessed. Pursuant to Government Code Section 53739, the amount of each fiscal year's assessment shall be adjusted for inflation in an amount not to exceed the Construction Cost Index that is calculated annually by the Engineering News -Record. 6. An assessment of $161.84 per benefit unit located within LMD 03-16 for Fiscal Year 2017-18 is adopted and confirmed. 7. The City Clerk shall forthwith transfer to the Auditor -Controller and the Assessor -Recorder of Shasta County a certified copy of this resolution and a certified copy of the assessment district map contained in the Engineers Report for Landscape Maintenance District 03-16. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 1s' day of November, 2016, by the following vote: AYES: COUNCIL MEMBERS: Cadd, Schreder, Sullivan, Weaver, & McArthur NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None BRENT WEAVER, Vice Mayor ATTEST: FORM APPROVED: PAMELA MFZE, City Clerk 1-1� .01 'z -, � �_/l " '41Z BARRY E. DeWALT, City Attorney PART A ATTACHMENT NOTE: For a detailed description of the lines and dimensions of lots or parcels shown on this map, refer to the County assessor's maps which shall govem with respect to all details concerning the lines and dimensions of such lots or parcels. DISTRICT— BOUNDARY IMPROVEMENTS: -o*-<>o- TREES — PLANTS — SHRUBS — IRRIGATION SYSTEM — COBBLE — DRAIN ROCK PEDESTRIAN PATH & BARRIERS THIS INSTRUMENT IS A CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE ATTEST NOV 0 4 2016 PAMELA MIZE CITY CLERK OF THE CITY COUNCIL ORNA NOTE: For the precise nature and location of imprroovOemena maintained by the District, refer to citumantS and manni.*n ' l— on file with the City's Engineering Division. BOOK 050-330 j BOOK 050-440 / aENGINEERING DIVISION BOUNDARY MAP NO. Of LATS IM � OW .= LMD 3-16 38 MS. NO: DAM: RIVER POINTE SUBDIVISION Um 3-16 OCTOBER, 2016 City of Redding Landscape Maintenance District - District 03-14 Page 4