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HomeMy WebLinkAbout71-280RESOLUTION OF INTENTION NO. 71-280 IN THE MATTER OF THE CONSTRE7CTION OF IMPPOVEMENTS AND ACQUISITIOIVS IN PAR~IDISE PIIdES COUNTRY CLUB ESTATES iTDIITS NO. l, 2 AND 3 ASS~SSMENT DISTRICT, BI3TTE COUNTYr CALYFORNIA BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of Californza, tihat it is the a.ntention of said Bpard to order the following improvements and acquisitions ta be made in Paradise Pines Country Club Estates Units No. 1, 2 and 3 Assessment Distr.ict, Butte Countiy, California, to wi~.: The construction of streets~ including clearing, excavation, grading, base pavement, roadside and outfall drainage, piges and ditches, toge~.her with a~.l necessary inlet, manholes, barriCades and other appurtenances for a completie scheme of street improve- ments and storm drainage fac~.lities wi.~hin the boundaries of said proposed district. Clearing, excavation, grada,ng, paving and instal~.a- tion af a system of domestic water suppJ.y incZuding tire hydrants, valves, services and a].~. other improve- ments and appurtenances necessary for a complete soheme of domestic water suppl.y facilities within rhe boundaries of said proposed district. The acquisition of al.l necessary rights-of-way to accomplish the ~ozeqoing, for a comple~e scheme of improvem~nts within the boundaries of said proposed district. B~ IT RESOLV,ED that said improvements to be constructed in the streets, avenues, ].anes, courts, roads, places and/or public ways hereinabove described, will be of dimensions, materials, and in the particular locations, as set forth and shown on the pJ.ans and specifications and detaa.~ed drawings hereinafter referred ta; together with the construction of a11 appurtenances thereto, i.nclud- ing neces5ary fit~ings, trenchings, grading and regrading, excava- tion and ~ill, zemoval of obstxuctions, connections ta exista.ng services, back filling, reconstiructi.on of exis~ing ground surface as required to conditions existing prior to aommencement of construction~ all in the manner, of the ~ateria2s, and to the dimen-. sions and to the grades, and xn the particular locations as the same will be more fu~ly shown on the plans and speci£ications and detiailed drawings hereinafter referred to; That the structures and work and improvements herein d~scribed shal~ be constructed to the grades, sub-grades and eleva- tions severally to be shown upon the plans and profiles and detailed drawings thereof in the respective locations thereof, which said grades are hereby adopted as the official grades therefor for all purposes in connection with the proceedings pursuant to this Reso- lution of Intention. Notice is hereby given that said grades may be new and different from those heretofore established or existing, or may be different from existing ground levels. A21 of said work shall incZude, withaut duplication, any and a11 stxeet intersections, terminations and opposite termina- tions occurring within the limitations of said work. The attention of all persons is direc~ed tio tihe fact ~hat not all of said classes of work above described may be constructed upon all the streets and/or pnblic ways above described in their entirety, but only upon the particular locations as shown on the plans and specifications hereafter referred to, which said plans and speci~ications sha11 govern as to all d~tails with reZa~ion to the same. BE IT FURTHER RESOLVED that the Board of S~pervisors af the County o£ Butte hereby makes the expenses and costs of said . improvements and acguisitions chargeable upon a district, which said district sai.d Board hereby declases the dzstrict benefited by the improvements and acquisitions herein described; sazd distric~ shall include that territory in the County o£ Sutte, State of Califoznia, which is shown on that certain map on file in the ~2_ office of the County Clerk of the County of Butte, and which is entitled and described "proposed Boundaries of Paradise Pines Country Cluh Estates Unzts Na. 1, 2 and 3 Assessment Distriat, Butte Caun~y, California," and which said map indicates by a boundary line the extent of the te~ritory included in the proposed district and covers all details as to the extent of the area to be asse.ssed; said map is, by this reference, incorpora~ed herein and made a part hereof. Excapting from the area shown and deiineated on said map hereinabove referred to, ~he area of all public streets, avenues, lanes, roads, drives, caurts, places, publia pazks, and a~l easements and rights-of-way therein contained belonging to the publio, and also al~ property owned by the County of Bu'tte, the State of Cali- farnia, or the United States af America, con~ained therein, now in use in the performance of a public function. NOTZCE IS NE~'2EBY GIVEN that serial bonds to represent unpaid assessments, and bearxng interest at the rate af seven per cent (7~) per annum shall be issued in t~e manner and form provided in Part 5, Division 7 of the Streets and High- ways Code of the State of California (ImProvement Act of 1911} to represent unpaid assessments of Fifty Dok~ars ($50.00) or over, tihe last installment of whiah bonds shall mature fourteen (14) years from the 2nd day of January next succeeding the next September lst following their date. Said bonds shall be payable to bearer~ and may be rede~med as provided in the Improvement Act of 1911, and there shall be added to the redemption clause in said bonds the ~ollowing worfls: ~~ ,,,,tpge~her with a premium of ~ive per cent (5b) of the unmatured principal." In case of default, there shall be added to the defaulted amount one per cent (l~) of the amount thereqf~ and on the lst day of each month following such default there sha11 be added a further penalty ot one per cent (1~) of such de£a~lted amount. -3- mhe ane per cen~ (1$} penalfy first imposed shall be retained by the Treasurer as a cost of servicing the delinquency and all subsequent pena~ties shall be paid to the holder of the bond along wzth and as a pazt pf such deEaulted payment. Proceedings For all work shaZl be taken pursuant ~o the Municipal ImprovemEnt Act of 1913, and the bonds heXeinabove described shall be zssued under ~he provisions ot the Improvement Act of ~9~1, as heretofore described. BE IT FURTH~R T2ESO~VED that in accordanCe with the pro- visions o~ Sections 10203 and 10204 of the Streets and Hiqhways Code, being a part af the Municipal Tmprovement Act a~ ~913, the matter of the improvements and acquisitions herein referred to is hereby referred to the Director of Public Wo~ks of the Gounty o€ Butte, the person having charge anfl control of the improvements and acquisitions described in this resoLurion. Said person is heseby directed to make and file with the Coun~y Clerk of the County o£ Sutte, a report in writing containing the following: a. Plans and specifications of the pxoposed improve~ ment if the improvementi is not already znstalled; b. A general descrip~ion of ~he works or applianc~s already installed and any other prope~ty necessary or convenient for the opera~ion of the xmprovement, if the works, appliances or property are to be acquired as part of the impravement; c. An estimate of the cost of the impXOVemen~ and qf the cost of ~ands, rights-o~-way, easements and incidental expenses in connection with the improve- ment. If the legisla~ive bady in the resoiution of intention nrdered that private utxlity damages be included in the assessment, the repprt shall contain an estima~e of private u~ility damages; d. A diagram shawing the assessment distriat and the boundaries and dimensions of the sub8ivisions of land within the district as ~hey existed at the ~ime o£ the passage of the resolu~ion of intention. Each subdivision, ineluding each separate conflomin- ium interest as defined in Sectiion 783 of the Civi~ Cade, shall be given a separate number upon the diagram, -4- _~.__. _..... _ ..~____- . _ _ : _.._.. . -- 3 --- ___. ~~ ~ i e. A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions o£ land in the distrzct in proportion to the estimated benefits to be received by such subdivisions, respectively, from the improvementi. When any portion or percent- age o£ the cost and expenses of the improvem~nt is ordered to be paid out of the treasury of the municipalzty, pursuant to Section 10200, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the improvement, and the assessment upon property proposed in ~he report shall include pnZy the remainder of the es~imated cost and expenses. The assessment shall refer to the sub- divisions by their respective numbers as assigned puzsuant to subdivision {d) of tihis section. BE IT FURTHER RESOLVED that if any suxplus rema~ns in the Improvement Fund after the completion o£ the improvements and the payment of a11 claims £rom the Improvement Fund~ said surplus shal~ be distributed in accordance with Section 1Oq27 of the Streets and Highways Code. BE IT FURTHER RESOLV~D that the Boaxd of Supervisors hereby finds that the,public in~erest wiLl no-t be sezved by a~lpwing the property owners to take the contract for the wark and improv~men~s grovided for in this Resolution of Intentian. * * * ~~ERE~Y CERTIFY that the foregoing resolution was duly an8 reguXarly adop~ed by the Board of Supervisors of the County of Butte, 5tate af California, at a regular meetinq thereof, held on the 9th day of November, 1971, by the foilowing vote, to wit: AYES: Supervisors ~i~man r Ma~igan F M~xon~ and McKi1l0~ NOES: Supervisors ~~rP ~ ABSENT: Supervisors ch~irma~ Re~r~~aG CLARK A. NELSON, County Cl~rk, , County of Butte, State of California ~/~it~6r ~ ~`~'` ..g_