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HomeMy WebLinkAbout66-057WJML:• ,rd 4/1/66 12c RESOLU`T'ION N0. 66-57 A RESOLUTION CONFIRMING ASSESSMENT SIERRA DEL ORO, UNIT N0. 1 RESOLVED, by the Board of Supervisors of the County of Butte, California that WHEREAS, said Board did on the 18th day of June, 1863, adopt its Resolution of Intention No. 63-67, a_s subsequently amended, to ordex certain improvements to be made in said County under and pursuant to the Improvement Act of lgll, as amended, and to issue bonds pursuant to said Resolution of Intention, as amended, and in accordance with the provisions of the Improvement Act of 1911, reference to said Resolution of Intention, as amended, being hereby made for a particular descriptian of the improvements to be made, the boundaries of the assessment district and bonds to be issued; WHEREAS, after due publication of said Resolution of Intention, a.nd hearing thereon, this Board adopted its Reso- lution Ordering the Work to be done and pursuant thereto duly adopted its resolution awarding a contract for the doing of said work to A. Teichert & Son, Inc., being the lowest responsible bidder for said work9 WHEREAS, notice of award of said contract was duly published and recorded as required by law, WHEREAS, the owners of three-fourths of the frontage of lots and lands liable to be assessed, or their agents, palled to elect to take the work ox enter into a written contract to do the whole work at the price stated in said bid9 WHEREAS, the contractor performing the work under the aforesaid contract has duly performed said work and fulfilled said contract to the satisfaction of the County Surveyor of said Countyy WHEREAS, the Engineer of Work forthwith made an assessment to cover the sum due for work performed and specified in said contract, including all incidental expenses in conformity with the provisions of Division 7, Part 3, Chapter 16 of said Improvement Act of 1911; WHEREAS, said assessment was duly filed with the County Clerk of said County, and said Clerk duly gave notice of the filing of said assessment, which notice fixed therein a time and place when and where all persons interested in the work done, or in the assessment, would be heard by this Board9 WHEREAS, notice was duly posted, published and mailed in the manner and form as required by law, as evidenced by affidavits on file with the County Clerk of said County; and WHEREAS, at the time and place fixed for said hearing no protests or objections were made or presented with reference to the work performed under said contract or to the assessment, or by persons who claimed that the work was not performed according to the contract in a good and substantial manner or that any portion of the work was omitted or illegally included in the contract or having or making any objections to the correctness of the assessment, diagram or to the act, determination or pro- ceedings of the County Surveyor, or Engineer of Work, and all persons interested desiring to be heard were given an opportunity to be heard and all matters and things pertaining to said contract, and the performance thereof, and to said diagram and assessments, were duly heard and considered by this Board and this Board has acquired jurisdiction to confirrn said assessment and to pay the costs and expenses thereof; NOW, THEREFORE, IT IS FOUND, DETERMINED and ORDERED, as follows: 1. That all protests and objections are hereby overruled, and this Board has jurisdiction to ratify, approve and confirm the said assessment. 2. 2. That all acts, determinations and proceedings of the County Surveyor or Engineer of Work with reference to said work were duly and legally performed and made. 3. That the work under sd.id contract was performed in accordance therewith in a good and substantial manner. 4. That no portion of said work was omitted. 5. That no portion of said work was illegally included in said contract. 6. That the assessment and diagram for the costs and expenses of said improvements under- said Resolution of Intention, as amended, is valid, legal and correct in all respects. 7. That said assessment and diagram be, and the same are hereby, ratified, approved and confirmed as the assessment and diagram to pay the costs and expenses of said improvements. ~ ~ ~ ~ a~ ~ a~ a~ PASSED and ADOPTED by the Board of Supervisors of the County of Butte, California, on this 26th day of r'1 1966, by the following vote: AYES, Supervisors:Howsden, Maxon, McKillop, Pryde and Chairman Giles NOES, Supervisors: None ABSENT, Supervisors: None ~~~ ~~ _ Chairman of said Board ATTEST: JESSIE ROGERS, COUNTY CLERK O .` Ex-officio Clerk of s d Board 3• ERNEST A. W I L5O N KENNETH I. JONES JAMES T. MORTON JOHN E. LYNOH PHILIP D. AB BAF PEGGT L. MSELLIGOTT JOHN H.HOLFOM NORMAN W.KAVANAUGW HAROLD N. BLAKE SHERROD B. OAVIB LAWRENCE C. JENSEN ROBERT M-HAIG WT ROBERF G.AUWBR EY RICHARD H-HARGROVE ANDREW C. HALL,J R. RIC HARG ~ RAYMOND WILBpN, JONFIS, MOElON SC LYNCH CHARLES N. KIRKBRIDE ATTORNEYS AND COUNSELLORS qT LAW 1894 -1911 NIR KBRIDE&GORDON (JOSEPH B.GORDO N) 630 NORTH SAN MATEO DRIVE 1911- 1929 P. O.BOX 152 KIR KB RIDE 8 WILSON SAN MATEOICALIFORNIA 94401 1929 -194] KIR KB RIO E, WILS D N,,HARiFELD B. WALEACE [415] 342-3523 194]-1961 OF CODNSEL ARTHUR J. HAAZ FELD April 13, 1866 JAMES M. WALLACE Mrs. Margie Catt Clerk of the Board of Supervisors County of Butte Courthouse Oroville, California Re: Sierra Del Oro, Unit No. 1 Dear Mrs. Catt: Enclosed herewith please find a Resolution Confirm- ing Assessments for Sierra Del Oro, Unit No. 1. This resolution will be utilized in the event that the hearing is closed on April 19, and the Board of Supervisors finds everything in order for the continuance of the assessment project. Very truly yours, V~` for WILSON, J NES, MORTON & LYNCH RHH:gb Encl. cc: George Kading, Esq., County Counsel