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HomeMy WebLinkAboutReso 2007-172 - LMD "1-07" . ,~~~I~I~~~I~~I~la . . , IRECFEE I I I I I I I ZL 02:4.lP1l1 2Hlug-2007 I Page 1 of 5 RECORDING REQUESTED BY: Recorded Official Records County of Shasta Leslie Mornan Assessor-Recorder CITY OF REDDING WHEN RECORDED RETURN TO: CITY OF REDDING CITY CLERK'S OFFICE, 3RD FLOOR 777 CYPRESS AVENUE REDDING, CA 96001 THE AREA ABOVE IS RESERVED FOR RECORDER'S USE Resolution No. 2007-172 Landscape Maintenance District LMD-I-07 "Separate Page" pursuant to Government Code g27361.6 ~~ 0.00 ~ --J ~ ~ .- . . RESOLUTION NO. 2007 - 172 LANDSCAPE MAINTENANCE DISTRICT LMD-I-07 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 LMD~I-07 (3) ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS IN LMD-I-07 FOR FISCAL YEAR 2007-08 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, on June 6, 2006, the City of Redding City Council approved Parcel Map PM-24-05; and WHEREAS, Condition 9 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 March 9, 2007, the subdivider, State Compensation Insurance Fund, signed and delivered to the City a petition for the formation of territory encompassing Parcel Map PM-24-05; into a landscape maintenance district; and WHEREAS, City Council Policy No. 1705 provides that under no circumstance shall the City accept public improveinentsconstructed 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 ~ . . \ , 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: I. 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 ofthe 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 LMD-I-07. 5. Only costs for landscaping; mulching; vandalism abatement; repairs to the irrigation system; electric and water charges; replacement of vegetation as necessary; removal oftrirnmings, 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 I, 2008, and every July I thereafter. 6. An assessment of $556.06 per acre for parcels located within LMD-I-07 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 LMD-I-07. ~ ~ . , . . I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a special meeting of the City Council on the 7th day of August, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: , , .. - ~ \.. ~./" / CONNIE STRO r' , Bosetti, Jones, Murray, Stegall, and Dickerson None None None c!2A~ DICK DICKERSON, Mayor APPROVED AS TO FORM: ~A~-=--;;;, RICHARD A. DUVERNAY, mty Attorney .. ~ . )... .~ <: Q VJ Q () s~ r(' Iy ii';-- </</ TARMAC RD Q: CJ LANDSCAPE IMPROVEMENTS (3350SF) ~ IRR1GATIDN SYSTEM TREES SHRUBS MULCH HARDSCAPE SOURCE: ENGINEERING DIVJSION. .~ , , '00 "" fr(T OWG. NO:' DATE; JULY. 2007 LOCA TION MAP , ,., PARCEL MAP- 24-05 FOR STATE COMPENSATION INSURANCE FUND o 0:: CL 0:: t- (fl 0:: <( ITEM: ATTACHMENT: