HomeMy WebLinkAboutReso. 1980 - 050 - Expressing preliminary intent to form assessment district 1980-2, Mountain Lakes Industrial Park no 3 RESOLUTION NO.
RESOLUTION EXPRESSING PRELIMINARY INTENT TO FORM ASSESSMENT
DISTRICT AND CONDUCT SPECIAL ASSESSMENT PROCEEDINGS
Mountain Lakes Industrial Park Unit No. 3 Assessment
District No. 1980-2, City of Redding, Shasta County,
California
WHEREAS, W. Jaxon Baker and Fred M. Gerlinger, (hereafter
called "Owners") , are the Owners of certain real property in the City
of Redding commonly known as Mountain Lakes Industrial Park Unit
No. 3, as shown on the map entitled "Tentative Map, Mountain Lakes
Industrial Park Unit 3" , which is under review by the City; and
WHEREAS, Owners are developing said Unit No . 3 as a further
increment of said Industrial Park with fewer than 50 lots; and
WHEREAS, development of said Unit No. 3 is to include construc-
tion and installation by Owners of certain improvements as more fully
described in the draft Environmental Impact Report for said Unit No. 3 ,
dated January 1980, and itemized on the preliminary cost estimate for
onsite improvements attached hereto as Exhibit A and, by reference,
incorporated herein; and
WHEREAS, upon completion of the construction and installation
of such improvements, the Owners desire to present the City with a
petition and waiver for commencement of special assessment proceedings
to (1) acquire the improvements which are to be owned, maintained and
operated by the City, and (2) pay authorized incidental costs and expenses,
including engineering expense and cost of the proceedings;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Redding as follows :
1. The City Council expresses its preliminary intent that,
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upon satisfaction of and subject to the conditions precedent specified
in Paragraph 2 below, the City will initiate and take all reasonable
steps toward consummation of special assessment proceedings and issuance
and sale of improvement bonds to acquire the above-described work and im-
provements and to pay authorized incidental costs and expenses pertaining
thereto. The proceedings will be conducted pursuant to the Municipal
Improvement Act of 1913, with bonds to be issued under the provisions
of the Improvement Bond Act of 1915.
2 . Initiation of the assessment district proceedings shall be
expressly conditioned upon prior satisfaction of the following condi-
tions precedent:
a. ) Completion of the work and improvements to be acquired
to the satisfaction of the Director of Public Works of the City of
Redding;
b. ) Satisfaction of all other conditions of approval of
the tentative map for Unit No. 3;
c. ) Submission of a petition and waiver in the customary
form, executed by authorized representatives of the record Owners and
any deed of trust beneficiaries, accompanied by a preliminary title
report dated the same date as said petition and waiver, as evidence of
ownership and of the existence of deeds of trust;
d. ) Preparation and submission of a proposed boundary map
and an engineer ' s report as required by said 1913 Act and subject to
review and approval by the Director of Public Works and bond counsel
for City.
e. ) Submission of a written commitment for purchase of the
1915 Act bonds in a form and on terms satisfactory to the Director of
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Finance of the City of Redding and bond counsel;I
f. ) Submission of evidence satisfactory to the Director
of Finance and the Director of Public Works to establish that the ratio
of the amount of assessments to be levied shall not exceed one-third of
the fair market value of any lot or parcel to be assessed in the after-
improved condition.
3 . The determination of the actual allowable cost of
the work and improvements to be acquired and the allowable incidental
cost and expense of the proceedings shall be made by the Director of
Public Works, who may require the Owners to provide such information as
he deems reasonable and necessary to such determination. It is expressly
understood that the limits prescribed by Section 10204 . 1 of said 1913
Act shall apply.
4 . In anticipation of the possibility that the Owners may
arrange to have institutional lending to finance construction of the
work and improvements to be acquired, it is expressly understood that,
prior to delivery of the proposed improvement bonds, the Owners will
provide assurances satisfactory to the Director of Finance and bond
counselthat such interim financing shall be paid from bond sale proceeds .
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I HEREBY CERTIFY that the foregoing resolution was duly and
regularly adopted by the City Council of the City of Redding, Shasta
County, California, at a regular meeting thereof, held on the 17th day
of March, 1980.
AYES: Councilmembers Kirkpatrick, Pugh, and Fulton
NOES : Councilmembers None
ABSENT: Councilmembers Gard and Demsher
MILDRED L. BRAYTON, City Clerk,
City of Redding, Shasta County,
Caifornia
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