HomeMy WebLinkAboutReso 2006-200 - LMD "09-06"
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_2006-0059228
Recorded I REC FEE 0. 00
Official Records I
County of I
Shasta I
Cri s Andretls I
Assessor-Recorder I
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012:24PM 21-Nov-2006 I Page 1 of 5
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RECORDING REQUESTED BY:
CITY OF REDDING
WHEN RECORDED RETURN TO:
CITY OF REDDING
CITY CLERK'S OFFICE, 3RD FLOOR
777 CYPRESS AVENUE
REDDING, CA 96001
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THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
Resolution No. 2006-200,
Landscape Maintenance District 09-06
"Separate Page" pursuant to Government Code ~27361.6
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RESOLUTION NO. 2006 - 200
LANDSCAPE MAINTENANCE DISTRICT 09-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING:
(1) CONFIRMING THE MAPS 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 09-06.
(3) ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS IN
DISTRICT 09-06 FOR FISCAL YEAR 2007-08 PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972.
WHEREAS, on November 22,2005, the City of Redding Planning Commission approved Tentative
Subdivision Maps S-18-04 and S-19-04, Buenaventura Park (Airpark Manor) Subdivision; and
WHEREAS, Condition 6 of the Tentative Map requires that the developer of the subdivision
consent to participate in the formation of a landscape maintenance district; and
WHEREAS, on July 24,2006, the subdividers, Bergstrom Enterprises Inc., Darcy and Joyce Brown,
and Daniel and Cynthia Zoll, signed and delivered to the City a petition for the formation ofterritory
encompassing the Buenaventura Park Subdivision into a landscape maintenance district; and
WHEREAS, City Council Policy No. 1705 provides that formation of a landscape maintenance
district shall occur simultaneously with Council action to approve a final subdivision map and that
under no circumstance shall the City accept public improvements constructed by the subdivider or
project applicant until formation of the required maintenance district is completed and the
assessments levied; and
WHEREAS, 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 engineers report; and
WHEREAS, the subdivider 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,
17.31.100, 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
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WHEREAS, 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 ofland within
the proposed assessment district;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council ofthe 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 maps
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 lot in the district in proportion to the estimated benefits
to be received by each lot 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 09-06.
5. Only costs for landscaping; mulching; vandalism abatement; 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; painting of any walls; 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 that provided by the "20 Cities
Construction Costs Index" from the most recent March Engineering News Record and shall
become effective July 1,2008, and every July 1 thereafter.
6. An assessment of$423.62 against each developable lot located within the District for Fiscal
Year 2007-08 is adopted and confirmed, except that an assessment shall not be levied on
property owned by a Federal or State governmental agency or another local agency.
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 maps contained in the Engineer's Report for Landscape Maintenance District 09-06.
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I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular
meeting of the City Council on the 7th day of November, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: Dickerson, Mathena, Stegall and Murray
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Pohlmeyer
COUNCIL MEMBERS: None
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ATTEST:
APPROVED AS TO FORM:
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SOURCE(S):
CITY OF REDDING
SHASTA COUNTY
BOYLE ENGINEERING CORPORATION
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CITY OF REDDING
Shasta County, California
BOUNDARY MAP
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200
300 Feet
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NO OF lOTS:
LANDSCAPE MAINTENANCE DISTRICT 09-06 AM (20)
AIRPARK MANOR
FllE:09-06.APR DATE: OCTOBER 2006
ITEM ((-II (-F-)
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