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HomeMy WebLinkAboutReso 2008-011 - LMD 2-07 (~, . . . 1111111111111111111111111111111111 2008-0005993 0.00 RECORDING REQUESTED BY: Recol"ded Ufficial Recol"ds County of Shasta Leslie Morgan Assessor-Necol"der CITY OF REDDING I !lEe FEE I I I I I I I PI! 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 )y. +~ ~ o ~ -...... --- ...j...... . . 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. . . ..~ .- 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:. '- '- .,. ;~I '"\ '~ ~ThD~ MAR LEAS TEGALL,MAYO FORM APPROVED: ~4 CONNIE;S - ~ ......1.........., :..." ....."~ CLERK ITY ATTORNEY o. '.. v , , .~ . . ~\ ~ APN 107-26o-XX / ~ I r!NDSCAPE IMPROVEMENTS (MEDIAN) I ~ BROWNING ST I r.. ~ LANDSCAPE J IMPROVEMENTS (MEDUIN) @) () )> Z OJ -< I- :;0 - @) 0 -LANDSCAPE @ IMPROVEMENTS (MEDIAN) c- :r ITII(]] III IIII I III I \ f-- r ~ r J JAMIESON -l 9- 0 -0 ;J 0 DOIhJJrnmmrrm - :;0 LANDSCAPE IMPROVEMENTS (45DoSF) 1. TREES 2. SHRUBS J. IRRIGATION SYSTEM 4. MULCH I I ~ 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