HomeMy WebLinkAboutReso 2008-171 - LMD "08-06"
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RECORDING REQUESTED BY:
Recorded
Official Records
County of
Shasta
les Ii e Morgan
Assessor-Recorder
CITY OF REDDING
IRECFEE
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09:49A11 2'Hct-200Il I Page I of 5
WHEN RECORDED RETURN TO:
CITY OF REDDING
CITY CLERK'S OFFICE, 300 FLOOR
777 CYPRESS A VENUE
REDDING, CA 96001
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
Resolution No. 2008-171
Landscape Maintenance District LMD-08-06
(Shastina Ranch Subdivision)
"Separate Page" pursuant to Government Code S27361.6
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RESOLUTION NO. 2008 - 171
LANDSCAPE MAINTENANCE DISTRICT LMD-08-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING:
(1) CONFIRMING THE MAPS OFTHE 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-08-06.
(3) APPROVING THE ANNUAL ASSESSMENTS FOR FISCAL YEAR
2008-09 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT
OF 1972, COMMENCING WITH SECTION 22500 OFTHE STREETS
AND HIGHWAYS CODE AND STAYING THE LEVY OFTHE SAME
FOR FISCAL YEAR 2008-09.
WHEREAS:
:
A. On July 5, 2005, the City of Redding City Council approved Shastina Ranch Subdivision,
S-7-03 and PD-5-04; and
B. Condition 10 of the Conditions of Approval requires that the applicant consent to participate
in the formation of a landscape maintenance district; and
C. On May 22, 2006, the applicant, Shastina Ranch Development Company, Inc., signed and
delivered to the City a petition for the formation of territory encompassing the land lying
within the area of Shastina Ranch Subdivision, S-7-03 and PD-5-04 into a landscape
maintenance district; and
D. 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 ofthe required
maintenance district is completed and the assessments levied; and
E. 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
F. 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
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G. 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 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 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 LMD-08-06.
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;
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 1,2009, and every July I
thereafter.
6. An assessment of $ 529.58 per building unit located within LMD-08-06 for Fiscal Year
2008-09 is adopted and confirmed. Notwithstanding the preceding, said assessment shall not
be levied during Fiscal Year 2008-09.
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 map contained in the Engineer's Report for Landscape Maintenance District
LMD-08-06.
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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 21st day of October, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Dickerson, Jones, Murray, and Stegall
None
None
None
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FORM APPROVED:
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SHASTINA RANCH $R{.Ull}
FlLE': 0&.06 DATE: OCTOBER 2008