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HomeMy WebLinkAbout71-079RESOLUTION OF ZNTEN'FT011 NO, 71-79 IN THE MATT~R Or THE CONSTRUCTION OF IMPI20V~MENTS 71ND ACQUI6ITIONS TO B~ MI~DE IN PTIRADIS~ PTN~S UNITS id0. 9 AND 8 ASSESS~i~NT DISTP.ICT, F3[JT`i'E CUUUTY, ~ CAT~IFOF2I~~IA BE IT RESOLVED by the Board of Supervisors of the Coun~y of Butte, State of Cakifornia, that it is the intention•of said Board to order the followa.ng improvements and acquisitions to be made in Paradise Pines Uni~s No. 4 and 8 Assessm~nt District, But~e County, State of Ca~.ifornia, to wit: The construction of streets, including clearing, excavation, gradi.ng, base, pavEment, ~oadside and outfall drainage, pipes and ditches, together with a1.1 necessary in].ets, manholes, barricades and other appurtenances for a complete scheme of street improvements and storm drainage facili.ties within the boundaries ot said proposed district. Clearing, excavation, grading, paving, together with ~he construction of new dri.ve~.~ay connec~.ions and installation of paved gutter and drainage pipes for completion ot that portzon of the re- located Skyway between the nor~h boundary of Paradise Pincs Unit No. 4 and the point af cnn- formance wi~.h the existing Sky~aay approximaf.ely 875 feet northerly. Clearing, excavation, grading, paving and installa- tion of a system of domesta.c water supply including fire hydrar.~.s, valves, services and al~. bther improve-• ments and appurtenances necessazy for a camplete scheme of domestic water sup~ly~facilities withi.n the baundaries of said proposed~distric~. . The acquisition of all necessar.y rights-of-way tn accomplish the foregoing, for a complete scheme of improvements in Paradise Pines Units I3o. 9 and 8 Assessment District. ~ BE IT FtE50~VED 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 ~orth and shora;i on the plans and specifications and detailed dra~aa.ngs hereinafter refer- Xed ~o; together with the construction o~ all ap~~~rtenanc~s thereto, including necessary fittings, tzenchinos, grac'_ing . ~~. :: . . . • -1- and regrading, excavation and fill, removal o~ obstructions, connecti.ons to existing'services, back filling, reconstr.uction o~ exzsting ground surface as required to conditions exzsting prior to enmmencement ot constructzon, all in t11e manner, o~ th~ materzals, and to the dimensions and to the grades, and in the particular locations as the same v~ill be more fully shown on the plans and specifications and detailed drawings herein- after referred to; That the structures and work and impr.ovements herein described shall be cons~ructed to thE grades, sub-grades and elevations severaliy to be shown upon the plans and profiles and detailed dra~aings thereof in the resp~ctive locatzons thereof, which said grades are hereby adopted as the ofticial grades ther~for for all purposes in connectiion with th~ ~rocee~ings pursuant to this Resolution of In~ention. rlotice is hereby given that said grade5 may be new and different from those hereto- fore established or existing, or may be different from existing ground levels. "" A11 of said work shal]. include, without dupiication, any and all street intersections, tezminatians and opposite terminations occurring withi.n the limztatzans of said work. The attents.on of all persons is directed ~o the fact that not a31 of said classes of work above described may be constructed upon all the streets and/or public ways abave described in their entirety, but on~y npon the particular locations as shofan on the plans and specifications hereafter referred to. which sai.d plans and specifications shall govern as to aZl details with relation to the same. BE IT FURTF~~:TZ FtESOLVED that the Board of Supervisors of tihe County of Butte liereby makes tY~e expenses and costs of said improvements and acquzsS.tS.ons chargeable upon a district, -2- which said district said ~oard here~y declares the dzstric~ benefited by ~h~ improvements and acquisitions herein descril~ed; said district shall include that territory in the County of IIutte, State of Ca~zfornia, wh~ch is shown on tha~ certain map on file in the o~fice of the County C~erk of thE County of Butke, and which is entztled and described "Proposed Boundaries of Paradise Pines Units ~o. 4 and 8 Assessment Dzstrict, County of Butte, State of California," and which said map indicates by a boundary line the extent of the territory included in the proposed district and covers all details as to the extent of the area to be assessed; said map is, by this refexence, incor- porated herein and made a part hereof. Excepting from the area shown and delincated on saxd map hereinabove refezzed to, the area of all public streets, avenues, ~anes, roads, drives, courts, places, public parks, and all easements and rights-af-way therein contained belonging to the public, and also all property owneu by the County of Sutte, the S~ate of California, or the United States of Ar,t2rica, contained therein, now in use kn the performance of a public ~unction. NOTICE IS HEREAY GIVEN that serial bonds to represent unpaid assessments, and bearing interest at the rate of seven per cent (7b) per annum shall b~ issued zn the manner and form provided in Part 5, Division 7 of the S~reets and Highcaays Code of the State-of California (Improvement Act of 1911) to repre- sent unpaid assesstnents of Fif.ty Dollars ($50.00) a~ ovex, the last installment of which bands shall ma~ure fourteen (~4) yeazs from the 2nd day ot January next succeeding the next September lst following their date. Said bonds shail be payable t~ bearer, and may be redeemed as provided in the Impzovement Ac~ o£ 1:11, and there shal~ be added to the redempt~on clause in said bnnds the following ~aords: "....together with a premium of f~.ve per cent (5$)_of ~he unmatured principal." ' -3- __.__.. ~ . , _.. ..m~ _ __.__ , -.- ---_......_..__ In case of default, there shail~be added to the defaultad amount one per cent (1%) of the amount thereof, and on the lst ciay of each mont.h fo~lowing sach def.ault there shall be added a further penalty of one per cent (lg) of such defaulted amount. The one per cent (l~) penalty first imposed shall be retained by the Tr.easurer as a cost of servicing the delinquency and a~.l subsequent penalties shaLl be paid to the holder of the bond along with and as a pazt of such defaulted payment. Proceedings for all work sha11 be taken pursuanti to the Municipal Tmprover.zent Act of 1913, and th~ bonds herein- above descr.ibec] shall be issued under ~he provisions o£ the Improvement Ac~ of I911 as heretofore d~scribed. BE IT k'URTFIER RESO~`IED ~ha~ in accordance wi th the provisions of Sections 10203 and 1Q204 of the Streets and FIigh- ~aays Code~ being a part of the Municipal Improvement Act of 1913, the matter of the improvements and acquisitions herein referred to is hereby referred to tne Direc~or of Public works of the County of Butte, the person hav.ing charge an8 control o~ the improvements and acquisitions desar~.bed in this reso- ~ution. Said person is hereby directed to make and file with the County Clerk of the County of Butte, a repozt in 4~ritinq containing the foilowing: a. Plans and specifications of the pro~osed improve- ' ment if. the improvement is not already installed; b. A general desczintion of the works or appliances ' already installed and any other prope.rty necessary or convenient for tihe operation of the improvement, ' iE the works, appliances or proper~y are to be acquired as part of the improvement; c. An estimate of the cost of the improvement and of the cost of lands, xights-of-vray, easements and incidental expenses in connection with the improve-- ment. If the lega.slative body in the resolution af intention ordered that private utility damages be includ~d in the assessment, the renort shall contain an estimate of pz~.vate utility damages; -4- d.. A diaqram sho~aing the assessment ~i5~Y1Ct and the boundaries and dimensions of the subdivisions of land within the district as they existed at the time Qf the passage of the resolution of intention. ~ach subdivision, zncluding each sepaxate condomin- ium int~res~ as defzned in Section 783 of tha Civil Code, shall be giv~n a separate number upon the diagram. e. A proposed assessment of ~he totai amount of ~he cast and expenses o~ the proposed improvement upon the several subdivisions of land in the district in proportion tn ~he estimated benefi~s to be received by such subdivisions, respec~ively, from the improvement. hhen any portion or percent- age of the cost and expenses of the improvement is ardered to be paid aut of the treasury of the municipaii~y, pursuant to Section 10200, the amount of such portion or percentage shall fizst be deducted from th~ total estimated cost and expenses af ~he impr.ovement, and ~he ass~ssm~nt upon pzoperty proposed in the report shall include only the remainder of the estzmate~ cost and expenses. The assessment sha11 refer ~o the sub- divisions by their respective numbers as assigned pursuant to subdivision {d) of this section. B~ IT FURTIIER RESOLVED tha~ i£ any surplus Xemains in the Im~rovement Fund after the completion of the impzovements and the payment of all claims from ~he Improvement I'und, sai.d surplus shall be distribut~d in accordance with Section 10427 o~ the Streets and Highways Code, BE IT FURTHER R~SOLVED that ~he Board o£ Supzrvisors hereby finds that the public interest will not be served by allowing the property owners to take the contract for the v~ork and improvements provided £or in this Resolution o£ Intention. * ,~ ~ I HEREBY CERTIFY that the foregoa.ng resolu~ion was duly anfl regularly adopted by ~.he Board of Super~isors of the County qf Butte, State of California, at a regular meeting thereof, held on the 4~h_day of :May;~,.1971, by the following vote, to wit: AYES: Supervisors Gilman Madi an~ Maxon MCKz].~.o nd hairman Reynolds NOES: Supervisors None ~ P,,BSET~T: Supervisors None . CI,ARK A. NE~SON, County C1erk, County of Butte, State oP Califorxiia ~~-~~~'! `~ ~ ~`"~c.'~r^^ -5•