HomeMy WebLinkAboutReso. 1979 - 250 - Expressing Preliminary Intent to Form Assessment District and Conduct Special Assessment Proceedingsr . ,
RESOLUTION NO. 7 q- 21t)
-RESOLUTION EXPRESSING PRELIMINARY INTENT
TO FORM ASSESSMENT DISTRICT AND
CONDUCT SPECIAL ASSESSMENT PROCEEDINGS
WESTERN OAKS ESTATES SUBDIVISION ASSESSMENT DISTRICT NO. 1979-4
WHEREAS, WESTERN OAKS DEVELOPMENT COMPANY, a general partner-
ship (hereinafter called "Developer" ) , is the owner of certain real
property in the City of Redding which is shown on the map entitled,
"Tentative Subdivision Map of Western Oaks Estates, " which has been
approved by the City, and .
WHEREAS, Developer is developing said subdivision as a 37-lot
residential subdivision pursuant to the conditions of approval of
the City of the tentative map; and
WHEREAS, upon construction and installation of. all such improve-
ments, Developer desires to present the City with a petition 'and
Waiver for commencement of special assessment proceedings to (1)
acquire the improvements to be owned, maintained and operated by
the City, including streets, storm drains, curbs and gutters, electric
distribution facilities, sanitary sewer lines, waterlines, fire
hydrants and appurtenant and related facilities and (2) pay
authorized incidental costs and expenses, including engineering
• expense and costs 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,
following satisfaction of and subject to the conditions precedent
specified in paragraph 2 below, the City will initiate and take v
all reasonable steps toward consummation of special assessment pro-
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ceedings and issuance and sale of improvement bonds to acquire the
above-stated work and improvements and to pay the authorized in-
cidental 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 Act
of 1911.
2. Initiation of the assessment 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. ) satisfaction of all other conditions of approval
of the tentative map;
c. ) submission of a preliminary title report on the
subdivision property;
d. ) submission of a Petition and Waiver in the customar'
form, dated for the same date as the preliminary title report,
executed by authorized representatives of the record owner (s) and
any deed of trust beneficiaries;
e. ) 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;
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f. ) submission of a written commitment for purchase of
the 1911 Act bonds in a form and on terms satisfactory to the
Director of Finance of the City of Redding and Bond Counsel ;
g. ) satisfaction of the 1/3 ratio limit as approved
by the Director of Public Works.
3. The determination of the allowable actual costs of the
work and improvements to be acquired and the allowable incidental
costs of the proceedings shall be made by the Director of Public
Works who may require the Developer to provide such information as
the Director of Public Works deems reasonable and necessary to such
determination. It is expressly understood that the limits prescribed
by Section 10204 . 1 of the Streets and Highways Code shall apply.
4 . In anticipation of the possibility that the Developer
will arrange to have institutional lending to finance construction
of the work and improvements to be acquired, it is expressly under-
stood that, prior to delivery of the proposed improvement bonds, the
Developer will submit assurances satisfactory to the Director of
Finance and Bond Counsel that such interim financing shall be paid
for from bond sale proceeds.
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 December , 1979 , by the following vote, to wit:
AYES: Councilmembers Fulton, Gard, Pugh, and Demsher
NOES : Councilmembers None
ABSENT: Councilmembers Kirkpatrick
MILDRED L. BRAYTON, City Clerk,
City of Redding, Shasta County ,
California
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