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Home My WebLink About70-137/ ~ ; ~ RESOLiJTION OF INTENTION A'0 ~(~-13'7 IN TFiE rfATTER OF THE CONSTRUCTION OF IAiPROVENIENTS AND THE ACQUISITIOi~S TO BE IYIADE IN PARADISE PINES IINIT N0. 3 ASSESS~IENT DISTRiCT, BUTTE COUNTY, CALIFORNIA BE fT RESOLVED by the Boaxd of Supervisors of the County of Butte, State af Cali.fornia, that it is the intention of said Board I of Supervisors to order the following impxovements and acquisitions to be made in Paradise Pines Unit No. 3 Assessment District, Sutte County, Cala.fornia, to wit: The constxuction of streets, including clearing, excavation, grading, sub-base, base, pavement, raadside and outfall drainage ditches, together with all necessary inlets, manholes, barricades and other appurtenances for storm drainage faci- lities within the boundaries.of said proposed district, and the acQuisition of any necessary Tights-of-way to accomplish the foregoing. BE I~' RESOLVE~7 that said improvements to be constructed in the streets, avenues, lanes, courts, roads, places and/or public ways-hereinabove described, will be of dimensions, materials, and in the particular locations, as.set forth and shown on the plans ~ ~'~ and specifications and detailed dxawings hereinafter referred to; together with the construction of all appurtenances thereto, includ- ing necessary fittings, trenchings, grading and regrading, excava- ~ -fion and fill, removal of obstructions, connections to existing services, -ba~k filling, reconstruction of existing ground surface as required to conditions existing prior to commencement of construction, a11 in the manner, of the materials, and Lo the dimensians and to the grades, and in tne particular locations as the sa~e will be more ~ _fully shown on the plans and specifications and detailed drawings hereinafter referred to; That the structures and work and impxovements herein described -shall be constructed ta the grades, sub-grades and elevations severally to be shown upon the plans and profiles and detaa.led drawings thereof in the respective iocations thereof, which said grades are hereby -~- ~~~~~~~~~~ '': . ___ ~1__! _ _ _ _ _ - = ~ __ : __.~.~..... _. . . _....._ adopted as the official grades therefor for a11 puxposes in connec- tion with the proceedings pursuant to this Resolution of Intention. Notice is hereby given that said grades may be new and different from thflse heretofore established or existing, or may be different from existing ground ievels. ~ All of said woxk shali include, without duplication, any and all street intersectivns, terminations and opposite terminati.ons occurring within the limitations of said work. The attention of a11 persons is directed to the fact that not all of said cZasses of work above described may be constructed upon a1I the streets and/or public ways above described in their entirety, but only upon the particular locations as shotian on the plans and specifi.cations hereaftex referred to, which said plans and speci~ications shall govern as to all details with relation to the same. BE IT FURTHER RESOLVED that the Board of Supervisors of the Caunty of Butte'hereby makes the expenses and costs of said zmprovements and acquisitions chargeable upon a district, whith said ._~_distr,ict said.Board hereby declaxes the district benefited by the __._._._.____improvements and acquisitions herein d.escribed; said district shall include that terri.tory in the Gounty of Butte, Stafe of California, which'is shown on that certain map on £ile in the office of the County Clerk of the Caunty af Butte, and iahich i.s entitled and described,; "Proposed Boundara.es~of Paradise Pi.nes Unit No. 3 Assessment District, --~$utte County, California," and which said map indicates by a boundary --iine the extent of the territory included in.the proposed ~istrict and 'covers a~.l details as to the extent of the area to be assessed; ~ said map is, by this reference, incorporated herei.n and made a part , hereof. -Excepting from the area shown and delineated on said map hereinabove referxed to, the area of a11 public streets, avenues, lanes, roads, drives, courts, places, public parks,._and all easements _ -,2- . ~ ~ ~ ~ _ .. ~ - , . . ' . . ~~. ~ I~ F . .._. _~._ ~~- ~~ _.-_.~ _.._ 1_ _.___ .. . .... ..... ..... . ' - and rights-of-way therein contained,belonging to the public, and also all property owned by th~ County of Butte, the State of Cali- fornia, or the United States of America, contained therein, notia in use in the per~ormance of a public function. NOTIC~ IS H~REBY GEVEN that serial bonds to regresent unpaid assessments, and bearing interest at the rate of seven per cent (7%) per annum shall be issued in the manner and form provided in Part 5, Division 7 of the Streets and Highways Code of the State oF California (improvement Act of 1911) to represent unpaid assess- ments of Fifty Dollars ($50,OU) or over, the I.ast i.nstaliment of which bonds shal~ mature fourteen (1~) years from the 2nd day of January next succeeding the next September lst following~their date. Said bonds sha11 be payable to bearer,,and may be redeemed as provided in the Improvement Act of 1911, and there shall be added to the redem- , ption clause in said bonds the fo~lowing words: "...together with a premium.of five per cen#. [5%) of ' the~uamatured princi.pal." ' In case of defau~t, there shall be ad.ded to the defaulted ~ amount one per cent (lo) of the amount thereof, and on the lst day of each month fallowing such default there shall be added a further penalty of one per cent (lo) of such defaulted amount. The one per __ _ _ _ _ _ .. . _ - cent (lo) penalty first impased shall be retained by the Treasuxer _ _ _ ~ as a cost of servicing the delinquency and a11 subsequent penalties ` shall be paid to the holder o£ the bond along with and as a part ---~f such defaulted payment. Proceedings for aZl work shal~ be taken pursuant to the MunicipaJ. Improvement Act of 1913, and the bonds hereinabove described _ shall be issued under the provisions of the ~mprove~aent Act of 19I1 _as heretofore described. , '° BE IT FURTHER RESOLVED that a.n accordance with the pro- visions of Sections 10203 and 1D204 of the Streets and Eiighways Code, --being a part-o€ the Alunicipal Improvement Act .of 1913, the matter of the improvements and acquisitions herein referred to a.s hereby referred to the Director of Public itiorks of the County of Butte, ' ; .. -3- ~ , . as Engineer of ti4ork of said Assessment District, and the person having charge and con~rol of the improvements and acquisitions descrzbed in this resolution. Said Engineer of 64ork is hereby directed to make and ~iie with the County Clexk o£ the County of Butte a rEpoxt in writing containing the following: " a. P~ans and specifications of the proposed improve- ment if the improvement is not alxeady installed; b. A genexal description of the works ar appliances already instal~ed and any other progerty necessary or convenient for the operation o~ the improvement, " i~ the works, appliances or property are to be acquired as part o£ the improvement; c. An estimate of the cost of the impxavement and qf "' the cost of lands, rights-of-way, easements and - `~ incidental expenses in connection with the improve- ment. If the legislative body 3n the resolution - of intention ordered that private utility damages be included in the assessment, the report shall -•~ •• contain an estimate of privat~ utility damages; °- d. A diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land ~ithin the district as they existed at the • time o~ the passage of t~e resolution of intention. ~Each subdivision, including each separate condomin- ium interest as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. e. A proposed assessment o£ the total amount of the cast and ~xpenses of the proposed impxovement upon the sev~ral subdivisaons o£ land in the district in groportion to the estimated benefits "' to be received by such subdivisions, respectively, from the improvement. When any portion or percent- age of the cost and expenses of the improvement is ordered to be paid out of the treasury o~ the municipality, pursuant to Section 10200, the ~ amount of such portion or percentage shalA ~irst - be deducted fro~ the total estimated, ~ost and expenses of the improvement, and the assessment upon property proposed in the report shall include only the remainder of the estimated cost and ' expenses. The assessment shall refer to the sub- divisions by their respective numb~rs as assigned pursuant to subdivision (d) of this section. BE IT FURTIiER RESOLVED that if any surplus remains in the Improvement Fund after the completion of the improvements and~ the payment of all claims from the Improvement Fund, said surplus shall be distributed in accordance with Section 10427 of the Streets aad Highways Code. ~ -4- • j ~ BE IT FURTHER RESOL'VED that the Board of Supexvisors hereby finds that the public intexest wzll not be served by allow- ing the property oEaners to take the contract for the work and improve- ments provided for in this Resolution o~ Intention. * * * I HEREBY CERTIFY that the foregoing xesolution was duly and regularly adopted by the Board of Supervisors of the County of Butte, State of California, at a regular meeta.ng thereof, held on the llth day of August, 1970, by the follo~ving vote; ta wit: AyES; Supervisors ~owsden~ Maxoz~~ McKillop~ Reynolds;.Chairman , NOES: SupeTVisors_~T..nA • ABS~NT: Supervisors None - ,,, CLARK A. NELSON, County Clerk, Butte County, California ~ `~=~~