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HomeMy WebLinkAbout71-152RESQ~UTION OF INTENTION NO. 71-1 2 IN TH~ :~TTER OF THE CONSTRFICTION OF IMPROVEPSENTS ANA ACQUISITIONS IN PARIIDISE PINES UNITS NO. 10, 11 & 15 ASSESS~•iENT DISTRICT, BUTTE~COUNTY, CAI,IF'ORNIA HE IT RESOLVED by the Board of Supervisors of the County of Butte, State of Ca].a.fornia, that it is the intention of said Board to order the following improvements and acguisitions to be made in Paradise Pi.nes Units No. l0, lI & 15 Assessment District, Hutte County, Cal.ifornia, to wit: The construction of streets, including clearing, excava- tion, gradi.ng, base, pavement, roadside and out~all drainage, pipes and ditches, together with all necessary inlets, manholes, barricades and other appurtenances for cor.tplete scher~e of stree~ improvements and storsn drainage facilit9.es within the boundaries of said progosed distxict. Clearing, excavation, grading, paving and instailation of a system of domestic watEr supply inciuding fire hydrants, valves, services and aIl other improvenents and appuz~tenances necessary for a complete scheme o£ domestic 4aater suppiy facilities wi~hin the bounc3aries of said proposed di.strict. T'he acquisition s necessary ~o accomplish ~~~ the foregoing, for a comnlete scheme of improvements in said Assessment District. B~ IT RESOLVED tha~ said improvements to be constructed in the s~reats, avenues, lanes, courts, roads, places and/or publi.c ways hereinabove described, will be o~ dimensions, ma~erials, and in the particula~ locations, as set forth and shown on the plans and specifications and det~iied drawings hereinafter referred to; together with the construction of all appurtenances thezeto, a.nclud- ing necessary fi'ttings, trenchings, qrading and regrading, excava- tion and fi3.~, removal of obstructions, connections 'ta existing services, back filling, reconstruction of e:cisting ground sur£ace as required to conditions exista.ng prior to commencement, of construction, all in the mannez, of the materials, and to the dimensions and to the grades, and in the garticuZar locations as the same will be more fully shown on the plans and specifications and detailed drawings hereinafter re~erred to; That the structures and ~aork and improvements herein described shall be construoted to the grades, sub-grades and elevations severally to be shawn upon the plans and profiles and detailed drawings thereof in the re~pective loaations thereof, which said grades are hereby adopted as the official gra~es therefor for aZ1 purposes in connec- tion with the proceedings pursuant to this Resolutipn of Intention. Notice is hereby given tizat said grades may be new and different fxom thase heretofore established or existing~ or may be different from existing ground ievels. AlI of said work shaZl include, w~thout duplication, any and a11 street intersections, te~minations and opposite terminations occurring within the limitations of said work. The attention of all persons is direoted to the fact that not all of said classes of work above described may be constructed npon all t~e stxeets and/or public ways above described in their entirety, but onZy upon the par~icular locations as shown on the plans and specifications hereaf~er reEerred ta, which said plans and speez~ications shall govern as to all detaiZs.with relation to the same. BE IT FURTHER RESOLVED tha~ the Board of Supervisors of the County of 73utte hereby makes the expenses and cos~s o~ said improvements and acquisitions chargeab].e upon a district, which said district said Doard hereby declares the district hene~xted by the improvements and acquisitions herein described; said distri.ct shall. include that territory in the County of I3utte, State of California, which is shown on that certain map on file in the of£ice of the County C3.erk of the County of Butte, and which is entitled and described, ., Z _ "Proposed Boundaries of Paradise Pines Unzts No. 10, 11 & 15 Assessment District, Butte County, California," and which said map in8icates by a boundary ~ine the extent of the t~rritory included in the proposed district and covers ali details as to the extent of the area to be assessed; said mag is, by this reEerence, incor- porated herein and made a part hereof. Excepting from the area shown and delinea~ed on said map hereinabove referred to, the area of a11 public streets, avenues, lanes, roads, drives, courts, places, public parks, and alI easements and rights-of-way therein contained belonging to the public, and also all property owned by the County of Butte, the State of Cali- fornia, or the United States of America, contained therein, now in use in the per~ormance of a public function. NOTICE IS AERE~Y GIVEN that serial bonds to represent unpazd assessmen~s, 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 Ca~z- foznia (Improvement Act of 1911) to represent unpaid assessments of Fifty Dollars ($50.00) or over, the last installment of whzch bonds shall mature fourteen (14) years from the 2nd day of Januazy next succeeding the next Septe*nber lst folZowing their date. Said bonds shall be payable to bearer, and may be redeemed as provided in the Improvement Act of 1911, and there shall be added to ~he redem- ptian clause in said bonds the following words: "....together with a pre~ium of five per cent (5~) o£ the unmatured principal." In case of default, there shall be added to tha defauZted amount one per cent (1$) of the amoun~ thereof, and on the lst day of each month following such default there shall be added a Furth~r genalty of ane pex cent (~~} of such defaulted amount. The one per cent (1$y penaZty fzrst imposed s~aZl be re~ained by the Treasurer -3- -- ___ • _ -_ . _ ..._ __ --.__ -- - ~ ~ ~~~ I~ as a cost of servicing ~he delinquency and all sub5equent penalties shall be pazd to the holder pf the bond along .with and as a part of such defaulted payment. Proceedings for a11 work shalZ be taken pursuant to f.he Municipal ImpravemEnt Act of 1413, and the bonds hereinabove described shall be issued under the provisions of the Improvement Act a~ 191i, as heretofore described. BE IT FURTH~R RESOLVED that in accordanca with the pro- visions of Sections 10203 and 10204 of ~he Strests and Highways Code, being a part of the Municipal Improvement Act of 1913, the matter of the ~mprovements and acquisitions herein referred to is hereby referred to the Director of Public Works of the County of Butte, tha persan having charge and control of the improvements and acquisitions flescribed in this resolution. Said person is hereby directed to make and file with the County Clerk of the County of Butte, a report in writing con~aining the foZlo~aing: a. P1ans and specifications of the proposed improve- ment if the i~provement is not already installed; b. A general description of the works or apnZiances already inskalled and any nther property necessary or convenient for the operation of the improve~ent, if t~e works, appliances or property are to be acquired as part of the improvement; c. An estimate of the cost of the improvement and o~ the cost of 1and~, riqhts-of-way, easements and incidenta~ expenses in connection with the i~prove- ment. If tie le_qisla~ive body in the r~salution of intention ordered that private utili~y damages be included in the assessment, the report shall contain an estimate of private utility damages; d. A diagrarn showing the assessment district and the boundaries and dimensians of the subdivisions of land wi~hin the dis~rict as they existed at the tiime of the passage of the resofution of intentian. Each subdivision, inciuding each separate condomin- ium interest as defined zn Section 783 of the Civil Code, shall be given a separate number upon the diagram. -4- e. A proposed assessment of the total amount of the cost and expenses of the proposed im~rovement upon the severa~ subdivisions of land in the district in proportion to the estima~ed bene£its ~ ' ~o be received by such subdivisions, respec~ively, from the improvement. when any portion or percent- aqe of the cost and expenses of th~ improvement is ordered to be paid out of tihe tre~sury of the muniaipality, pursuant to Section 10200, the amount of such portion or nercentage sha~l first be deduated from the total^estimated cost and expenses of the imprpvement, and the ~ssessment upon praper~y propased in the zeport sha~l include only the remainder of the estimated cost and expens~s. The assessment shall refer to the sub- divisions by their respective numbers as assigned pursuant to subdivision {d} pf this section. BE IT FURTHER RESOLVED that Xf any surplus remains in th0 Improvemen~ Fund after the complefion of the improvements and the payment of all claims from the Imprnvement Fund, said surplus shall be distributed in accordance with Section 10427 of the Streets and Highways Cade. BE IT FURTI~IER RESOLV~D that the ~oard of Supervisors hereby finds that the public interest will not be served by allowing the property owners to take the contract for the work and imprnvements provided for in ~his Resolution of ~ntention. * ~ * ~ H~R~~X C~RTIFX that the foregai.ng zesoluta.on was duly and ~eguZarly adopted by the Boazd of Supervisors of the C~unty of Butte, State of California, at a reguZar meeting thereof, held on the 20~h day o£ July, 1971, by the following vote, to wa.t: AX~S: SupeY'visozs Gilman~ Mac#ig~~ Maxnn~ an~3 ~h~j,rm~ Re~~O~.~s I~IO~S: Supervi.sox's NnnP ASSEtdT: Supervisors~~~~,va,sox McKi]~].o CLARK A. NELSON, County Clerk, County of Butte, State of California c~ o...~' S ^lr,.,~.~., -5- ._ ---_.. ... . . _ ; -- --- ._ :_ _ - __ _ - - , • ~+ . • I