HomeMy WebLinkAbout71-168RE30LUTION OF INTENTION N~. 71-168
IN THE MATTER.OF THE CONSTRUCTION OF IMPROVEIdENTS
IN PARADISE PINES ~~7zTS NO; 12, 13`& 14 ASSE55~ENT
" DISTRICT..BUTTE COUNTX, CALIFOftNIA
BE IT RESOLVED by the Board af Supervisors of the County
of Sutte, State of California, that it is the intention of said
Soard to order the following improvements to be made in Paradise
Pines Units No. 12, 13 & 14 Assessment Distric~, Butte County,
California, to wi~:
The construction ot streets, including clearing,
excavation, grading, base, pavement, roadside and
outfall drainaqe, pipes and ditches, together with
all necessary inlets, manholes, barricades and other
appurtenances for complete sche~e of street improve-
ments and storm dsainage facilities w~thin tha
boundarzes of said proposed district.
Clearing, excavation, grading, base, paving and
installa~ion of paved gutter and drainage pipes
for completion of that portion of the relocated
Nimshew Road between the point of conformance with
the existing Nimshew Road at Station 5+88.27 and
the center line intersection with Skyway~ and
widening of existing oavement to a fznished width
of 2S fee~ for that portion of ~inshew Road between
Station 5~88.27 and Station 36+50.
Clearing, excavation, grading, paving and installation
of a system of domestic ~•~ater supply including fire
hydran~s, valves, services and all other improvements
and apnurtenances necessary for a complete scheme of
domestic water supply facilities within the boundari~s
af said proposed district.
BE IT RESOLVEb that said improvemen~s to be constructed
in the streets, avenues, lanes, courts, roads, places and/or public
ways hereinabove described, wi11 be of dimensions, matesials, and
in the particular locations, as set forth and shown on the plans
and specifications and detailed drawings hereinafter referred to;
together with the construction of all appurtenances thereto, includ-
ing necessary fittings, trenchings, grading and reqrading~ excava-
tion and fi11, removal of obstructions, connections to existing
services, back ~illing, reconstruction of existing ground
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surface as required to conditions existing prior to commencement
of construction, ali in the manner, of the materials, and to the
dimensions and to tY-e grades, and in the particular locations as '
the same wi11 be more fully shown on the.~lans and specifications
and detailed drawings hereinafter referred to;
That the structures and work and improvements herein desaribed
shall be constructed to the grades, sub-grades and elevations severally
to be shown upon the plans and profiles and detaiied drawings thereof
in the respective locations thereof, which said grades are hereby
adopted as the official grades therefor for all purposes in connec-
tion with the proceedings pursuant to this Resolution of Intention.
Nqtice is hereby given that said grades may be new and dif€erent
from those heretafore established or existing, or may be different
from ex~sting ground levels.
All of said work shall include, without duplication, any
and all street intezsections, terminations and opposite termina-
tions occurring within the limitations of said work, `""
The attention of ail persons is directed to the fact that
not all of said classes o£ wosk a3~ove described may be constructed
upon aIl the stireets and/or public ways above described in their
entirety, but only upon the pasticular locations as shown on the
plans and specifications hereafter referred to, which said plans
and specifications shall govern as to all detaiis with rela~ion
to the same. '
BE IT FURTHER RESOLVED that the Board of 5upervisors of
the County of Butte hereby makes the expenses and costs of said
improvements chargeable upon a district, which said district said
Board hereby cleclares the district benefite3 by the impsovements
herein described; said district shall ~.nclude that territory in
the County of Butte, State af California, which is shown on tha~
certain map on ~i1e in the office of the County C3.erk of the
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County of Butte, and which is entitled and described "Proposed
Boundaries o£ Paradise Pines Units No. 12, 13 & I4 Assessment
bistrict, Butte County, California," and which said ~ap indicates
by a boundary line the extent of the territory included in the pro-
posed district and covers all details as to the extent of the area
to be assessed; said map is, by this reference, incorporated herein
and made a part hereof.
Excepting from the asea shown and delineated on said map
hereinabove referred tn, the area of all public s~ree~s, avenues,
lanes, roads, drives, courts, places, public parks, and all easements
and rights-of-way therein con~ained belonging to the public, and
ais~ all property owned by the County of Butte, the 5tate of Cali-
fornia, ar the IInited states of Amezica, contained therefn, now
in use in the performance of a public function.
~OTICE IS HEREBY GIVEN that serial bonds ~o represent
unpaid assessments, and bearing interest a~ 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 Fif~y Dollars ($50.00) or over, the ~ast ins~allment of
whioh bands shall matiure faurteen (14) years from the 2nd day of
January next succeeding the next September lst following their date.
Said bonds shal~ be payable to bearer, and may be redeemed as provided
in the Tmprovement Act of 1911, and there shall be added ~o the
redemption c~ause zn said bands the following words:
"....togethez with a premium of five per cent (Sg) of
the unmatured przncipal."
In case of default, there sha11 be added to the defaulted
amount one per cent (1$} of ~he amount thereof, and on the lst day
of each month following such default there shall be added a further
penalty of one per cent'(1~) of such defaulted amount. The one
per cent {1$) penalty ~irst imppsed sha11 be retained by the Treasurer
as a cost of servicing the delinquency and all subsequent penalties
. sha~l be paid to the holder of the bond along with and as a part
of such defaulted payment.
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Proceedings fnr a11 work shall be taken pursuant to the
Municipal.improvement Act of 1913, and the bonds hereinabove
described shall be issued under the provisions af the Improvement
Act of 1911, as heretofore desaribed.
BE IT FURTxER RESOLVED that in accordance with the pro-
visions of Sections 10203 and 10204 of the Streets and Highways
Co~e, being a pazt of ths Municipal Improvement Act of 1913, the
matter of the imgrovements herein Xeferred to is hereby referred
to the Director of Public Works of the Caunty of Butte, the person
having.charge a~d control of the improvements described in this
resolution. Said person is hereby directed to make and file with
the County Clsrk ofi the County of nutte, a repor~ in writing contain-
ing the following:
a. Plans and specifications of the propased xmprove-
ment if the improvement is not already installed;
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• b. A general descrintion o~ the works or apQ~iances
already installed and any other propertX necessary
or convenient for the operation of the ~mpravement,
i£ the works, appliances or property are to be
~ acquired as part of the improvement;
c. An estimate of the cost of the improvement anfl of
~the cost of lands, riqhts-of-way, easements and
incidental expenses zn connection with the improve-
ment. If the legislative body in the resolution
of intentfon ordered that private utility damages
be included in the assessment, the report shall
contain an estimate of private utility damages;
d. A diagram showing.~.the assessment_district and the
boundaries and dimensions af the subdivisions of
land within the district as they existed at the .
time o£ the passage of the resolution of intention.
Each subdivision, including each separate condomin-
ium interest as detined in Section 783 of the
Civil Code, shall be given a separate number upon
the diagram.
e. A proposed assessment of the tatal amount of the
~ cost and expenses of the pzoposed improvement
upon the several subdivzsions of land in the
district in proportion to trie estimated benefits
to be received by such subdivisions, respectively,
from the improvement. Tahen any por~ion or percent-
~ age of the cost and expenses of the improvement
is order~d to b~ paid out of the treasury of the
municipality, pursuant to Section 102b0, the
amount of such portion oz percen~age sha11 first
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be deducted £rom the total estimated cost and ~
'expenses of the imnrovement, and the assessment
upon property proposed in the reDOrt shall include
only the remainder of the estimated cost and
expenses. The assessment sha11 refer to the sub-
divisions by their respective,num3~ers.as assigned
pursuant to subdivision (d) o~ this section.
BE IT FURTHER RESO~VED fihat if any surplus remains in
the Improvement Fund af~er the comp~etion of the improvements and
the payment of al1 claims from the Improvement Fund, said surplus
shall be distributed in accordance with Section 10427 of the Streets
and Highways Code,
~ BE IT FURTHER RESOLVED that the Boasd of Supervisors hereby
finds that the pubiic interest will not be served by allowing the
p~operty owners to take the contract for the work and improvements
provided for in this Resokution of Intention.
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I HEREBY CERTIFY that the foregoing.resolution was duly
and regu~arly adopted by the Board of Supervisors of the County of
Butte, State of California, at a regular meeting thereof, held on
the 3rd day of August, 1971, by the following vote, to wit:
AYES: &upervisors Gilman, Madigan, Maxon, McKillop~ and Chairman
eyno s
NO~S: Sup~rvisorsNone
ABSENT: Suparvisors None
CLARK A. NELSON, Countp Clerk,
County of Butte, State of California
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