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HomeMy WebLinkAboutReso. 1980 - 301 - Expressing preliminary intent to form assessment district and conduct special assessment proceedings - Patterson Tract Unit 2 Assessment District no. 1980-6 • RESOLUTION NO. St) 30 /411 RESOLUTION EXPRESSING PRELIMINARY INTENT TO FORM ASSESS- MENT DISTRICT AND CONDUCT SPECIAL ASSESSMENT PROCEEDINGS Patterson Tract Unit 2 Assessment District No. 1980-6 WHEREAS, LEANING OAK, a California general partnership (hereafter called "Owner" ) , is the owner of certain real property in the City of Redding commonly known as Patterson Tract Phase II , as shown on the tentative subdivision map entitled "Tentative Subdivi- sion Map for Patterson Tract Phase II , " which has been submitted to the Planning Department of the City of Redding for consideration; and WHEREAS, owner is developing Phase II as a further increment of said Patterson Tract development, to contain 40 lots; and WHEREAS, development is to include construction by owner of certain improvements , including public street improvements , including clearing and grubbing , grading, base course and finish paving; curbs , gutters and sidewalks; street lights and street signs; domestic water service facilities and fire hydrants; sanitary sewer collec- tion facilities and manholes; storm drain facilities; underground utilities, including electrical , natural gas, telephone and cable television, together with appurtenant work and facilities ,as more fully itemized on the Petition for Special Assessment Proceedings dated November 17 , 1980, a copy of which is attached hereto and by reference incorporated herein; and WHEREAS , said owner has filed with the City said Petition for commencement of special assessment proceedings to (1) acquire the improvements which are to be owned, maintaned and operated by the City, and (2) pay authorized incidental costs and expenses, 0c) -1- ONECI A1 • • 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, 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 a special assessment proceed- ings and issuance and sale of improvement bonds to acquire the above-described work and improvements, and to pay authorized inci- dental costs and expenses pertaining thereto. The proceedings will be conducted 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 conditions 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. ) Preparation and submission of 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; c . ) Submission of a written commitment for purchase of the 1915 Act bonds in a form and on terms satisfactory to the Director of Finance of the City of Redding and bond counsel; d. ) Recordation of the final subdivision map for said Patterson Tract Phase II with the Shasta County Recorder. -2- • • e. ) Submission of information satisfactory to bond counsel to confirm that the subject property has been released from the lien of an existing deed of trust which presently encum- bers said property, together with receipt of a preliminary title report respecting the property showing title to the property in the vested owner free and clear of such lien. f. ) Submission of such information as may be required by the Director of Finance of the City to demonstrate to the satisfaction of said Director of Finance that the amount of the assessment to be imposed on any of the 40 lots, plus the pro rata amount of the existing assessment upon the subject property does not exceed one-third of the estimated fair market value of such lots following installation of the improvements to be acquired by said assessment proceedings. 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 owner to provide such informa- tion 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. -3- S 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 15th day of December, 1980 . AYES: Councilmembers Demsher, Fulton, Gard, Kirkpatrick, and Pugh NOES: Councilmembers None ABSENT: Councilmembers None MILDRED L. BRAYTON, City Clerk, City of Redding, Shasta County, California 41/1/1 et-7g -4- • PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS PROPOSED ASSESSMENT DISTRICT FOR PATTERSON TRACT - UNIT 2 TO THE CITY COUNCIL OF THE CITY OF REDDING: 1 . We, the undersigned, are the owners of land shown on the map attached as Exhibit A and made a part of this document. 2. We petition you to undertake special assessment proceedings for the following described public improvement: Public street improvements , including clearing and grubbing, grading, base course and finish paving; curbs , gutters and side- walks; street lights and street signs; domestic water service facilities and fire hydrants ; sanitary sewer collection facilities and manholes; storm drain facilities; underground utilities , includ- ing electrical , natural gas , telephone and cable television, together with appurtenant work and facilities . 3 . We understand: (a) THAT the cost of the improvement will be charged to the land which benefits from the improvement, including our land; . (b) THAT a report will be prepared on the project including plans and specifications, a detailed cost estimate, and a division of the costs among the benefited parcels of land, and that you will conduct a public hearing on the report; (c) THAT the cost of engineering, legal and other incidental expenses will be included in the project cost; (d) THAT each property owner may pay his assessment either in cash without interest or in installments with interest over a period of years. 4 . We waive investigation proceedings and all other provisions of Division 4 , Streets and Highways Code , as provided in Section 2804 of that code. DATED: November 17, 1980 LEANING OAK, a general partnership By: • / ✓ ' Ernest Staneart, Partner V.G. Patterson Partner B Y: C.F. Friesner, PartnerCarol Patterson, Partner • (L/7A- ( EXHIBIT- VirginiFriesner, Partner iDennis Patters7m.Partner