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HomeMy WebLinkAbout70-175RESOLUTION N0. 70-175 R~SOLUTION AND ORDER APPROVING AMrNDED ENGIN~~R'S R~P~RT, ORDERYNG THE CONSTRUCmTON OF IMPROVE~SENTS AI1D ACQUTSITIONS AND CONFZ~42NG ASSES~MENT, PARADISE PIN~S UNIT N0. 3 ASS~SSPIENT DISTRICfi, ~ BUTTE COUNTY, CALI~ORNIA WfiEREAS, on the llth ~ay of August, 1970, the Board of Supervisors of the County of Butte, State of California, adopted its Resolution af Inten~ion in Paradise Pines Unit No. 3 Assess- ment District, Butte County, California, for the construction af improvements and acquisi~ions in said assessment distr~ct and' referred sa~d proposed improvexftents and acquisitions to the . Director of Public Works of the Co~nty of Butte as Engineer of WoLk for said assessment districtp and WHEREAS, on ~he llth day of August, 1970, the said Director of Public Wo~ks, as Engineer of Work, filed an ~ngi- neer's Report, Assessment and Assessmen~ Diagram in accord- ' ance with said Resolut~on, and said Engineer's Report was pre- sented to the Board of Supervisors of the County of Butte for consideration; and • WHEREAS, on the ~lth day of August, 197~, the Board of Supervisors of the County of Butte greliminarily adopted said Engineer's Report and fixed Tuesday, the 22nd day of September, 197d, at the hour of 11:30 o'c~ock A.M. of said day, at the meeting piace o£ the Board of Sugervisors of the County of Butte located in the Butte County Courthouse, Oroville~ Califa~nia, as ~he time and place~for hearing protests with relation to sazd proposed improvements and acquisitions; and WHFREAS, pursuant to said Resolu~ion hereinabove mentioned a Notice of Improvement was duly published, pos~ed and mailed, givxng notice of the time and place of hearinq on said Report; and WHEREAS, on the 22nd day of September, ~970, said hearing was helc7; and : -1- ~~~~~ ~~ WIi~REAS, all protests havinq been overruled; and WHEREAS, on the 22nd day of Septetnber, 1970, ~he Board of Supervisors of the County of But~e direc~ed the Engineer of Work to file an Am~nded Engineer's Report; and wIiE~AS, on the 22nd day of Sep~ember, 1970, the , Engineer a~ work filed with the County C].e~k of the County of i3utte, an Aznended Engineer's Report; NOW, THEREFORE, BE IT RESOLVED by the Board of 5upervisors of the County of Butice, S~ate of Galifornia, thaf ~his Boazd does . hereby find, dete~mine and order as follows: 1. That the districf benefi~ed by saicl improvemen~.s and acguisitions and to be assessed to pay the costs and expen- ses thereof, is more particularly described in the Resolution of.In~ention hereinabove referred to and made a part hereof by reference thereto. That all publia streets and highways within said assessment district, the same being in use in the performance of a public function as such, shall be omitted from said district and from the levy and collection o£ the special assessments to be hereafter levied and collected to cover the costs and expenses of said i.mprovements and acquisi- tioris. ~ 2,' That the plans and specifications for the pro- posed improvements and acqua,sitions be, and they are hereby, finally adopted and approved as the plans and specifications to wha.ch said work sha11 be done as called for in said Reso- lu~a.on of ~nten~ion. 3. That the Amend~d Estimate of Cost of the itemized and total estimated cost and expenses of the improvements and acquisiti.ons, and of the incidental expenses in connecti.on therewith, which said Amended Estimate o~ Cos~ is on ~3.1e with --2- ~he Coun~y Cle~k of the County of But~e be, and it is hezeby, finally adopted and approved as the Engzneer's to~al and de- . tailed estimate of the costs and er.penses of said improvements and acguisi~ions. 4. That the puhlic convenience and interest require, and said Board hereby orders the improvements and acquisitions to be made as described in, and in accordance wi~h, said Reso- lution of Inten~ion and the F~mended Engineer's Repart on £ile wi~h the Coun~y Clerk o£ the County of IIutte, reference to both of which is hereby mad~ for a more particular desczip- tion of said improvements and acquisztions and also reference is hereby niade to ~he provisiozs ot the Municipal Improvement Act of 1913, as amended. 5. That the amount to be assessed against each of the parcels or subdivisions of land shown on ~he Amended Engi~ neer's Report does not exceed 75~ of the market value of each of ~he properties assessed after the construction of improve- ' ments; that the appraisa~ of the market va~ue of the proper- ties to be assessed on fize in these proceedings is hereby adopted as the market values af each of_ said parcels. ~.' 6. ~he.Board of Supervisors of~the County of Bu~te does hereby levy and apportion upon each a~d every lot, pieca and parcel o£ land within the boundaries of the assessment dis- trict ~h~ amount by which each of said lots, pieces or parcels of land is benefited by ~he improvements and acquisi~ions. The amoun~ af the ass~ssment ~ahxch is levied and apportioned upon , ~ach and every Iot, piece and parcel of land within the bound- aries of ~he assessment d.istz~ct is as shown on the assess- m~nt a~tached to and made a par~ of the Amended Engineer's Report adopted by this Resolution. The Boa~d of 5uperviso~s o£ the County of Butte hereby ~inds and determines that each of said lots, pieces or parce~s of land wi~hin the boundaxies ~3- of said dzstric~ is benefited in the amoun~ and in the pro- portion of the total cos~ of the impxovements and acquisitians, plus inciden~al expenses, which each of said lo~s~ pieces or parcels of land has been assessed in said Amended ~ngineer's Report. 7. Callec~ions of assessmen~s sha~l be mad~ by the County Treasurer of the Countiy o~ Butte. 8. ~n the even~ any surplus remains in the Improve- ment Fund af~ex the comple~ion of the improvements and the paymen~ of all claims from the Improvemen~ Fund, said suxplus sha11 b~ distributed xn accordance with Section 10427 of the Stireets and Highways Code. * * * I HEREBY.CERTTFX that the foregoing resolution was duly and regularly adopted by the Board af Supervisars of th~ County o~ But~e, Sta~e og Ca~ifornia, at a regular meeting ~hereof, held on the 22nd day of September, 1970. AYES: Supezvisors Maxon, McKillop, Reynolds and C_h_airman I}unaway N0~5: Supervisors None ABSENT: Supervisors HowS~en CLARK A. NEL50N, County Clerk, , Butte County,. Ca~ifornia ~ , C~-~ /~ /' Ci ~~=~h % ~~` ~ ~__~-