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HomeMy WebLinkAboutReso 2011-045 - LMD 02-11 . y e e 1111111111111111111111111111111111 2011-0012842 -, ~~ ~<Y' ,.. RECORDING REQUESTED BY: City of Redding I REC FEE I I I I I I I lL 1~:3/PM ~pr-2"l1 I Page 1 of 4 kecorded Ufficial Mecords County of Slash Leslie Morgan Assessor-Mecorder 0.00 WHEN RECORDED RETURN TO: City Clerk City of Redding 777 Cypress Avenue Redding CA 96001 RESOLUTION NO. 2011 - 45 LANDSCAPE MAINTENANCE DISTRICT 02-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING: (1) CONFIRMING THE RESULTS OF THE ELECTION OF THE ASSESSMENT DISTRICT (2) CONFIRMING THE ASSESSMENTS CONTAINED IN THE ENGINEER'S REPORT (3) ORDERING THE FORMATION OF TERRITORY INTO A LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AS LANDSCAPE MAINTENANCE DISTRICT 02-11 (4) APPROVING THE ANNUAL ASSESSMENTS FOR FISCAL YEAR 2011-12 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, COMMENCING WITH SECTION 22500 OF THE STREETS AND HIGHWAYS CODE AND THE LEVY AND COLLECTION OF THE SAME FOR FISCAL YEAR 2011-12 WHEREAS: A. On March 1, 2011, by Resolution 2011-24, the City Council approved the Engineer's Report as filed relating to Landscape Maintenance District 02-11 (District) and gave notice of the time and place ofthe April 19 ,2011, public hearing regarding the levy and collection of assessments for Fiscal Year 2011-12. B. A map ofthe area in the District is attached and made a part hereof. C. The public hearing, duly and properly noticed, commenced at the City Council Chambers, Q \) 777 Cypress Avenue, Redding, California, on April 19, 2011, and was concluded prior to the c5 ,::;: r ~ ... ,--/ ...~ e e adoption of this resolution. At the public hearing, the City Council gave every interested person an opportunity to speak to the proposed assessments. D. The ballots were counted and no majority protest was made to the formation of Landscape Maintenance District 02-11. E. All legal prerequisites to the adoption of this resolution have occurred. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. That the foregoing recitals are true and correct. 2. The City Council has considered all oral statements and written protests or communications made or filed by interested persons at the public hearing of Apri119, 2011, and expressly overrules any and all protests filed objecting to the proposed assessments to be levied in the District. No majority protest was made to the formation of Landscape Maintenance District 02-11. 3. The City Council finds that the Engineer's Report has fairly and properly apportioned the costs of the improvements to each residential unit in the district in proportion to the estimated benefits to be received by each benefit unit from the improvements. 4. Pursuant to Streets and Highways Code Section 22586, the City Council hereby approves the Assessments contained on the Engineer's Report, as filed with the City Clerk, and thereby confirms and adopts the assessment of the assessment district contained in the Engineer's Report. 5. The territory within the map 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 02-11. 6. Only costs for landscaping; mulching; vandalism abatement; vegetation management; repairs to the irrigation system; electric and water charges; replacement of vegetation as necessary; removal oftrimmings, 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 1,2012, and every July 1 thereafter. " '-. e e 7. An assessment of$77.01 per benefit unit located within LMD 02-11 for Fiscal Year 2011-12 is adopted and confirmed. . 8. 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 Engineers Report for Landscape Maintenance District 02-11. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 19th day of April, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, Dickerson, Jones, Sullivan, and McArthur None None None ATTEST: FORM APPROVED: -~' \ ~(J _' \ 9~.~...'.. PAMELA MIZE, Ci~rk " - , "- f... '. '"', (- NOTE: For a detailed description of the lines and dimensions of lots or parcels shown on this map, refer to the County assessor's maps which shall govern with respect to all details concerning the lines and dimensions of such lots or parcels. NOTE: For the precise nature and location of improvements maintained by the District, refer to documents and mapping on file with the City's Engineering Division. ~ CITY OF REDDING DISTRICT BOUNDARY SHASTA COUNTY, CALIFORNIA I o 250 500 I 750 LANDSCAPE MAINTENANCE DISTRICT "02-11" RIVER PARK HIGHLANDS fEET DATE: FEBRUARY, 2011