HomeMy WebLinkAboutReso 2008-011 - LMD 2-07
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2008-0005993
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RECORDING REQUESTED BY:
Recol"ded
Ufficial Recol"ds
County of
Shasta
Leslie Morgan
Assessor-Necol"der
CITY OF REDDING
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11 :03AM 26-Feb-2008 I Page I of 4
WHEN RECORDED RETURN TO:
CITY OF REDDING
CITY CLERK'S OFFICE, 3.0 FLOOR
777 CYPRESS AVENUE
REDDING, CA 96001
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
Resolution No. 2008-11
Landscape Maintenance District LMD-2-07
"Separate Page" pursuant to Government Code 927361.6
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RESOLUTION NO. 2008 - .!l..
LANDSCAPE MAINTENANCE DISTRICT LMD-2-07
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-2-07.
(3) APPROVING THE ANNUAL ASSESSMENTS FOR FISCAL YEAR 2007-08
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972,
COMMENCING WITH SECTION 22500 OF THE STREETS AND
HIGHWAYS CODE AND STAYING THE LEVY OF THE SAME FOR
FISCAL YEAR 2007-08.
WHEREAS, on January 23,2007, the City of Redding Planning Commission approved Use Permit UP-6-03;
and
WHEREAS, Condition 30 of the use permit requires that the applicant consent to participate in the
formation of a landscape maintenance district; and
WHEREAS, on October 8, 2007, the applicant, Redding Hilltop Center, LLC, signed and delivered to the
City a petition for the formation of territory encompassing the land lying within the area ofUP-6-03 into a
landscape maintenance district; and
WHEREAS, City Council Policy No. 1705 provides 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 Engineer's Report; and
WHEREAS, the applicant 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,
17.38.100, 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 ofthe 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 of land within the proposed assessment district;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as
follows:
I. That the foregoing recitals are true and correct.
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2. Pursuant to Streets and Highways Code Section22586, 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
LMD-2-07.
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; 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 $552. 72 per acre, located within LMD-2-07 for Fiscal Year 2007-08, is adopted and
confirmed. Notwithstanding the preceding, said assessment shall not be levied during Fiscal Year
2007-08.
7. The City Clerk shall forthwith transfer to the Auditor-Controller and the Assessor-Recorder of Shasta
County a certified copy ofthis resolution and a certified copy of the assessment district map contained
in the Engineer's Report for Landscape Maintenance District LMD-2-07.
I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular meeting
of the City Council on the 5th day of February, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Dickerson, Jones, Murray, and Stegall
None
None
None
ATTEST:. '-
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MAR LEAS TEGALL,MAYO
FORM APPROVED:
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CLERK
ITY ATTORNEY
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LANDSCAPE IMPROVEMENTS (45DoSF)
1. TREES
2. SHRUBS
J. IRRIGATION SYSTEM
4. MULCH
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~ CITY OF REDDING BOUNDARY MAP
Shasta County, California
, , AREA
. >0. "" '" LANDSCAPE MAINTENANCE DISTRICT 02-07
"" 15.74 ACRES
HILLTOP CENTER
f'ILE: 02-07 DATE: JANUARY 2008