HomeMy WebLinkAboutReso 82-192 - Approving Reimbursement Agreement upper Churn Creek Sewer Assessment District No. 1980-7RESOLUTION NO. S� /
RESOLUTION APPROVING REIMBURSEMENT AGREEMENT
UPPER CHURN CREEK SEWER ASSESSMENT DISTRICT NO. 1980-7
The.City Council of the City of Redding resolves:
As a part of the proceedings for improvements in
Upper Churn Creek Sewer Assessment District No. 1980-7,
this Council approves that certain agreement between the
City of Redding and Norman Levenson effective the date of
this resolution, and attached to this resolution.
The Mayor is authorized to sign the agreement and
the City Clerk is authorized to attest its execution.
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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 1st day of November, 1982.
AYES: Councilmembers Demsher. Kirkpatrick. P
NOES: Councilmembers Fulton
ABSENT: Councilmembers None
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ETHEL A. NICHOLS,,, City Clerk, City of
Redding, Shasta'County, California
BY
AGREEMENT FOR REIMBURSEMENT OF
PRESCRIBED.SANITARY SEWER SYSTE14
CONSTRUCTION COST AND EXPENSE
RECITALS
A. The parties to this -agreement are the City of
Redding, a municipal corporation of the State of California
(hereafter referred to as "the City") and Norman Levenson
(hereafter referred to as "Levenson").
B. The effective date of this agreement shall be the
date of adoption of the resolution.of the City Council'of the
City to approve this agreement.
C.- The City is currently.conducting special assessment
proceedings known as the Upper.Churn Creek Sewer Assessment .
District No. 1980 -7 -(hereafter referred to as "Assessment
District No. 1980-71', pursuant.to the Municipal Improvement Act
of. 1913 (Sections 10000 and following, California Streets and
Highways Code; hereafter referred to as the "1913.Act"). The'
purpose of Assessment District No. 1980-7 is to provide for the
installation and construction of extensions and additions to the
City's sanitary sewer system (hereafter referred to as the
"Upper Churn Creek project"). It is proposed that the financing
of the cost and expense of the Upper Churn Creek project is
being provided by Assessment District No. 1980-7 through the
levy of special assessments upon those parcels of land which are
deemed -specially benefitted by the Upper Churn Creek project
facilities, completed by the proposed issuance and sale of
improvement bonds by the.City pursuant to the Improvement Bond
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Act`of 1915 (Sectio3'!§ 8500 and following, Str�rts and Highways
Code; hereafter referred to as the 111915 Act bonds").
D. On May 4, 1981, the City appointed Sharrah-Nolte and'
Associates (hereafter referred to as "Sharrah-Nolte"),
engineering consultants, as Engineer of Work for Assessment
District No. 1980-7. Sharrah-Nolte has prepared and filed the
written engineer's report, containing the matters prescribed by
Section 10204 of the 1913 Act, including, but not'limited to:
a. plans. and specifications;
b. cost estimate;
c, proposed assessment spread; and
d, assessment.diagram.
On September 7,•1982, the City Council of the City
preliminarily approved the report, scheduled a public hearing
thereon for October 18, 1982, and called for competitive
construction bids for the Upper.Churn Creek project to be opened
on October 5, 1982.
E. Levenson is the fee title owner of certain parcels
of unimproved land within Assessment District No. 1980-7, and
the Levenson parcels are identified�in*.the proposed assessment
spread and on .the assessment diagram as Assessment Nos. 116,
158, 159 and 160. The amounts proposed to be assessed are as
follows:
Assessment No. Assess'or's Parcel No.- -Amount
116 74-140-02 $ 2900786.46
158 747160-07- 40,953.63
159 74-160-08 59,696.94
160 74-160-03 100,675.36
Total Proposed Levenson Assessments: $ 492,112.39
F. Attached hereto.as ExhibitA and by this reference
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'.incorporated therein is an exhibit map settingforth166 parcels
ofland in two cumd[e ities generally known as awley Road and
Ridgewood Road -Hollow Lane. these two unincorporated communities,
which are within the Redding sphere of influence, include. -
substantial numbers•of_improved single family residential
parcels presently served by on-site septic disposal systems.
The -owners of these parcels have expressed opposition to having
assessments levied upon their parcels in -connection with the
subject assessment proceedings. Subject to.the assurances
provided by this agreement and the agreement of the City to
provide reimbursement as specified by this agreement, Levenson
has consented to the transfer onto four of�his parcels the amounts
which would otherwise have been imposed upon these 166 parcels,
as an added assessment to his four parcels. The amounts which
have been added to each of the four parcels under this consent
transfer procedure are -as follows:,
Assessment No. Amount
116
$ 46,774.45
158
6,342.30
159
9,513.45.
160
16., 648.53
TOTAL: $ 790278.73
(Hereafter in this agreement, these amounts are referred to as
the "transferred benefit amounts".)
G. 'The method of computing benefits to the.respective
parcels within the assessment district is primarily related
the concept of househood equivalents, as more fully outlined in
the written engineer's report. These household equivalents have
been based upon the commercial and residential uses as designated
in the assessment spread of the engineer's report. The,
number of household equivalents which were assigned to each of the
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-four.Levenson parceQ are..as follows:.
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Approx.
Assessment No. Household Equivalents Commercial Area e
116 638 47.2 acres
158 68 8.5 acres
159 155 7.9 acres
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160 239 17.4 acres
This determination of household equivalents was based upon the
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proposed General Plan of the City of Redding, and an important part of.
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this agreement is to provide. the assurance to Levenson that,
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absent any unforseen circumstances, and subject to submission
to the City of appropriate applications.and supporting documents
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for specific approvals respecting any proposed development of
any part of the four parcels, Levenson can reasonably expect to
receive approval for onsite commercial and other development
utilizing sewer capacity at the levels assigned to those parcels
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in the assessment spreading procedure.
AGREEMENT
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LA. The -City will. encourage use of the public'
sewer system constructed by this assessment district by all approp-
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riate means including discouragement of construction of any new
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individual sewage disposal systems in such area. To this end the
City shall provide appropriate assistance to property owners and
other interested parties to annex to the city.
1. The'City agrees to collect from the owner of any one
of the 166 parcels whose benefit assessments have been
transferred to the Levenson parcels a Sevier Special Benefit Fee
in an amount equal to what the special assessment would have
been on that parcel in connection with'the subject assessment
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_proceedings, togetlC) with the actual applical' interest rate
or rates thereon,.calculated from the date of the bonds to the date
of payment of said Sewer. Special Benefit Fee. Said Sewer Special,
Benefit Fee shall be paid by any such owner as a condition precedent
to connecting 'to the sanitary sewer system of the City.
2. The proceeds received by the City from all such Sewer
Special Benefit Fees plus interest accruing thereon while held
by the City shall be credited to the bond redemption
fund for the proposed improvement bond issue; and,a credit shall
be given to Levenson or his.successors in interest annually
on account of any:assessment installment which would otherwise
be billable on account of the unpaid assessments against any,
of the four Levenson parcels. No later than'September.l.in
each year, commencing on the'Septembei'lst following the-
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issuance of the proposed improvement bonds, the .City shall
provide Levenson or his designated successor in interest with -
a schedule indicating the parcels on.account of which the
City has collected the Sewer Special Benefit Fee, the amount
of each such fee and
the total
collected.
The schedule
shall also indicate
the manner
in which the
amounts so collected.
have been credited to the next due installment on account of .
each of the four Levenson assessments.
3.' In the event that the amounts collected in any one
year exceed the installments billable for the Levenson parcels
in that year, .the excess shall be retained and applied together .
with any interest accruing thereon to the'assessment installments
due in the following years.
4. In the event that any part of the four Levenson
parcels are divided following completion•of the assessment
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,proceedings, thereb — resulting in a segregatiU of the unpaid -"
assessment, the allocation of credits and the accounting
procedure specified in the foregoing paragraph shall be adjusted 4`
as directed by Levenson or his designee:
5. The City hereby finds and determines and expressly _
acknowledges that with respect to each of the four Levenson:
parcels, the determination of the Engineer of Work as to.the
number of household equivalents allowable to each such parcel
are consistent with the City's General Plan and that, subject to.
submission by Levenson or hissuccessorsin interest of'.
appropriate applications and'supporting documentation, Levenson
can. reasonably expect to.receive approvals for onsite
development which will utilize sewer capacity on a level, equal
to the household equivalents which have been assigned. While
this paragraph shall not be .construed as an approval of any
specific development proposal or as a pre -zoning of any
subject.property,.it is intended to provide an appropriate
assurance to Levenson that he can expect to develop
the subject property in a manner with commercial and other uses
which will enable him or his successors in interest to derive
benefit from the sanitary sewer aystem at levels consistent
with the assessments which have been allocated"to his parcels.
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6'.. The term'of this agreement shall be equal in duration
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to the original maturity period of the improvement bond
issue. Accordingly, the obligation of the City to collect the
Sewer Special Benefit Fee shall.terminate on the July 2nd which
represents the original maturity date for the last maturing bonds
for the improvement bond issue.
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�. With respwc to the credits to be m4.) to the unpaid
assessments on the Levenson.parcels, the parties expressly.
acknowledge that during the course of this agreement one or
more of the assessments may be paid in.advance. •In the event
that occurs, the City agrees that the amounts which would
otherwise be credited to'the assessment which has .been paid
shall be disbursed in cash.to•the party who paid for the
assessment.
8. In the event that a separate sewer assessment
district is formed within any or all of the 166 parcels for.,
which assessments have been transferred, the City agrees
that it shall require the repayment of the entire Sewer Special
Benefit Fee to be paid in full contemporaneously from the first
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funds disbursed from said: district.
9. The City shall also pay to Levenson or his designee
as.received any amounts or a fair portion thereof received by -
it from any other. charge (such as a sewer standby charge) made
on the 166 parcels or any of them by the City during the term
of this agreement by reason of.the availability or existence of
the improvements -constructed by this assessment districtexcept
that necessary for actual maintenance.
10. In the 'event the 'sewer. line through the Levenson
parcels is constructed to allow use by.the Shasta Dam Area
P.U.D'. or other lands north of'the Levenson property and
outside the Redding Regional Sewage Disposal Service area,
the agreement by.which'such line is constructed shall provide
for reimbursement to Levenson of any charges to Levenson through
this assessment district because of the classification of the
line through the Levenson property as a lateral.
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11.. This agreement shall bind and inure,to the benefit
of the successors and assigns of the parties hereto.
Dated: 1982.
CITY OF REDDING, a municipal
corporation of the State of
California
J1.
ayor
ATTEST-,'
ETHEL A. NICHOLS* City Clerk
" NORMAN LEVENSON
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11. This agreement shall bind and inure o the benefit
of the successors and assigns of the parties hereto.
Dated: j 1982.
CITY OF REDDING, a municipal
corporation of the State of
California
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EXHIBIT A
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