HomeMy WebLinkAbout70-217RESQLUTION t~o. ~o-2i~
RESOi~UTION ANI7 ORDE:R APPI20VING ~1t1EVDED Ei7GINEER' S
REPORT, ORDERING THE CONSTRUCTION tiF ~MPROVEME~ITS
AND ACQUISITIbNS AND CONFIRMING ASSESSMEN'~~ PARADISE
. PINBS UNITS NO. 5 Ai~D 6 ASSESSMEN'I.' DISTRICT, COUNTY
OF BIITTE, STATE OF CAI,~FORNIA __
WHEREAS, on the 20th day of October, 1970, the Board of
Supervisors of the County of Butte_, State of California, adopted
its Resolution of Yntentian,'as a.mended, in Paradise Pines Units No. 5
and 6 Assessment Dis~rzct, County of Butte, State of Cali£ornia,
£or the construction of improvements and acquisitions in said
assessment district and referred said proposed improvemen~.s and
acquisitions to CLAY.CASTLEBERRY; Director°of-Public t~orks of the
Coun~y of Butte, as Engineer of Wprk, far said assessment dis-
trict; and
Y7TiEEtEAS, on the 20th day of October, ~970, the said
CT,AY CASTLEBERRY, as Engineer of Work, filed an Engineer's Report,
Assessment and Assessment Diagram in accozdance with said Reso-
lution, and said Engineer's Report was presented to the Board of
Supervisors of the County oE B~tte ~or cansi.dera~.ion; and
WHER~AB, on the 20th day of October, 1970, the Board
of Supervisors of the County of Butte prel.S.r?inarily adopted said
Engineer's Report and fixed '~uesday, the.24th day of November,
1970, at the hour of 11:00 o'clock A.M. of said day, at the meeY.ing
place of the Board of Supervisors of the County of Butte ~oca~ed
in the Butte County Courthouse, 4roville, Ca~ifornia, as the
time and place for hearing protests with relation to seid pro-
posed improvements and acquisitions; and
WHEREAS, pursuant to said Resolution hereinabove men-
tioned a Notice of improvement was du~y published, posted and
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mailed, giving notiice of the time and place of hearing on said
Report; and
W~IEREAS, on ~he 24th day of November, 1970, said hearing
was held and there were no protests against sazd improvements and
acquisitions or said proceedings by any person; and
WHEREAS, on the 24th day ot November, 1970, the Board
of Supervisors of the Coun~y of Butte direeted the Engineer of
Work to file an Amended Engineer's Report; and
WEIEREAS, on the 24th day of November,. 1970, the Engineer
of Work filed with the County Clerk of the County of Butte an
Amended Engineer's Report;
NOW, THEEtEFORE, BE IT RESOI,VF.D k~y the Board of Super-
visors of the County of Butte, State of California, ~.hat this
~oazd does hereby find, determine and orc~er as follows:
1. That no one, at or prior to the time fixed for
said hearing, fi3ed a written protest agains~ saicl proposed
i.mprovements and acquisitions. as a whoi.e, or against said dis-
tr~.ct~ or the extent thereof to be assessed for the costs and
expenses of said improvements and acquisitions, or as to the
estimate of costs and expenses thereof'; tlzat no person appeared
at the time fixed for said hearing to make, nor did any person
make, any oral objecf.ion or protest against any of the above
matters, or the improvements and acquisitions; that no one appeared
or protested or made any objection to the Engineer's Report or
said improvement groceedings at any time.
2, That the district benefited by said improvements
and acquisi~ions and to be assessed to pay the costs and expen-
ses thereof, is more particularly describ~d in the Resolution
o~ Intention hereinabove referred to and made a part hereof
by reference thereto. That al~ public streets and highways
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within said assessment district, the same being in use in the
performance of a pub~ic function as such, shall be omitted from
said district and from the levy and collection of the special
assessments to be hereafter lev~ed and collected to cover the
costs and expenses of said improvements and acquisitions.
3, That the plans and specifications for the pr_oposed
improvements and acquisitions be, and they are hereby, finaily
adopted and approved as the plans and specifications to wh~ch
said work shall be done as called for in said Resolution of Intention,
as amended.
4. That the Amended Estimate o~ Cost of the itemized
and total es~imated cost and expenses of the i.mprovemen~.s and acqui-
sztions, and of the incidental expenses in connection thezewith,
wh~.ch said Amended Estimate of Cost is on file with the County
Clerk of the County of Butte be, and it is hereby, finall.y adopted
and approved as the ~ngineer's total and detailed estimate of
the costs and expenses of said improvements and acquisitions.
5. That ~he public convenience and interest require,
and saa.d Board hereby orders the improvements and acquisitions
to be made as described in, and in accordance with, said Reso-
lution of Intention and the Amended Engineer's Report on
file with the County Clerk of the Coun~y of Butte, reference
to both of which is hereby made for a more particular descrip-
tion of said improvements and acquisitions and also reference
i.s hereby made to the provisions of the Munzci.pal Improvemen~
ACt of 1913, as amended.
6. That the amonnt to be assessed against each of
the parcels pr subdivisions ot land shown on the Amended Engi.-
neer's Repor~. does not exceed 75$ oF the market value af each
of the properties assessed after the constructzon of improve--
ments; that the appraisal of the market value of the properties
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to be assessed an file in these proceedings is hereby a8opted
as the market values of each o~ said parcels.
7. The Soard,of Supervisors of the County of Butte
does hereby levy and apportion upon each and every lo~, piece
and~parcel of land within ~he boundaries of the assessmen~ dis-
tzict the amount by which each of said lots, pieces oz parcels
of land is benefi~ed by ~he improvemen~s and aequisitinris. The
amaunt of the assessment which is Ievied and apportioned upon
each and every Xot, piece and parcel of land within the bound~
aries of the assessment-district is as shown on the assessment
attached to and made a part o~ the AmendPd Engineer's Report
adopted by this Resolution. The Board af Supervisors of the County
of Butte hereby finds and determznes t~at each of said lots,
pieces or parcels of land within the boundaries of said dis-
trict is benefited in the amount and in the proportion of the
total cost of the improvements and acquisitions, plus incidental
expenses, which each of said lots, pieces or parcels of Zand
has been assessed in said Amended Engineer's Report.
8. Collections of assessments sha11 be made by the
.County Treasurer of the ~ountp of Butte.
9. In the event any surpZus'remains in the Improve-
ment 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
~nd Highwa~s Code.
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I HERESY CERTIFY that the foregoing resolution was duly
and regularly adop~ed by the Board of Supervisors of ~he County
of Butte, State of Caiifornia, at a regular meeting thereof held
on ~he 24th day o£ Novernber, ~970, by the following vote, to wit:
AXES: 5upe rvisors Howsden, Maxon, McKillop, Tteynolds andChairman Dunaway
NOES: Supervisors ~None
ASSENT: Supervisors None
CLARK A. NELSON, County Clerk
County of Butte,
State of Galifornia ~
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