HomeMy WebLinkAbout73-107RESOLU~zON pF INTENTTON NO. ~,,_7 n~
IN THE MATTER OF THE COIVSTRUCTION OF ZMPROVEMENTS AND
ACQUISITIONS IN FIRLAND ACRES ASSESSN~NT DiSTRICT,
COUNTY QF BUTTE, 52ATE OF CALIFOF2NIA
BE IT RESOLVED by the Board of Supezvisors of the County
of Butte, State of California, that it is the intention o~ said
~oard to order the following improvements and acquisitions to be
made in Fi,rland Acres Assessment District, County of Butte, State
of CaliFornia, to wit:
The improvement of Firland Drive, Paradise, from the
Skyway northwestezly a distance of approximately 9Q0
ft., including all necessary appurtenances, including
the reznoval and rep~aoement of exis~inq facilities
. and the removal and disgosition ot aZl refuse and
surplus matezi.als, together wi~h '~he acquisition of
any rights-of-way necessary thereto.
BE IT RESOL~D that said improvements to be constructed
in the streets, avenues, Ianes, courts, roads, places and/or public
ways hereinabove described, will be of dimensions, materials, and
in the par~icular locations, as set forth and shown on the plans
and SpECl~lCr~t].PF1S and detailed drawings hereinafter referred to;
together with the cottstruction of all appurtenances tihereto, incl.ud-
ing nec~ssary ~ittings, trenchings, gradinq and regrading, excava-
tion and ti11, remaval of obstruotions, cannections ~o existing services,
back filling, reconstruction of existzng graund surface as rsquired
to conditions existing prior ~o commencement of construction, al1
in ~he manner, of the materials, and to the dimensions and to the
grades, and in ttte particul.ar Iocatians as the same will be more
fulZy shown on the plans and specifications and detailed drawings
hereinafiter referred to;
'fhat the struotures and work and improvements herein described
shall be construc~ed to the grades, sub-grades and elevations severally
to be shown upon the plans and pro£iles and detailed drawa.ngs thereof
in the respevta.ve ].ocations thereof, which said grades are hereby
"~~.~~•~~~~~ ~
-i-
adopted as the o£ficial grades therefor for alZ purpases in connec-
tion with the proceedings pursuant to this Resoiution of Tntentzon.
Notice is hereby given that said grades may be new and different
from those hereto£are established or existing, or may be different
from existing ground levels.
All of said work sha21 include, without duplication, anp
and al'1 street intersections, terminations and opposite terminations
occarring within the limitations of said work. '
The attention of all persons is directed to the £act that
nat a~l af said ciasses of work above described may be constructed
upvn all the streets and/or public ways above described in their
entirety, but only upon the particular locations as shown on the
glans and specifications hereafter referred to, which said plans
and sgecifications sha11 govern as to all details with relation to
the same.
BE IT FURTFIER R~SOLVED that tihe Board o£ Su~ervisors of
the County of Butte hereby makes the expenses and costs of said
improvements and acquzsitions chargeable upon a district, which said
distrzct said Boarc3 hereby deciares the district benefited by the
improvements and acquisitions herein described; said district shall
include that territnry in ~he County of Butte, State of Californi.~,
which is shown on that certain map on file in the office of the
County Clerk of the County of Butte, and which is en~itled and described
"Propased Boundaries of ~'irland Acres Assessment Distric~, County of
But~e, State of California," and which said map indicates by a baundary
~.ine the extent of the territory included in the proposed district
and covers all defails as to ~he ex~ent ot the area to be assessed;
sazd map is, by this refe~ence, incorporated herein and made a part
hereof. ~
Excepting from the area shown and deZineated on said map
her~inabove referred tn, the area o£ a].1 public streets, avenues,
-2-
__ _ ____ ___ _ _ ___ _ _ ___ ~ l
~ ~ . ~ . i
lanes, roads, dxives, courts, places, public parks, and all easements
and rzghts-af-way therein contazned belonging to the public, an@
also aIl 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 pubZic function.
NOTICE IS ~REBY GIVEN that serial bonds to represent unpaid
assessments, 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 Cali-
fornia (Improvement Act of 1911~ to represent unpaid assessments
of Fifty Dollars ($50.00) or over, ~he last installment of which
bonds shall mature fourteen (14) years from ths 2nd day of January
next succeeding the next September lst following their date. Said
bands shaZl be payable to bearer, and may be redeemed as provided
in the Improvement Act of 1911, ana there shall be added to the redem-
ption clause in said bonds the following words:
"....together with a premium of five per cent (5$) of
the unma~ured principal."
In case of default, there shall be added ~o tne defaulted
amount one per cent (Ig) of the amoun~ thereof, and on the lst day
of each month foZlowing such default there sha11 be ad~ed a further
penalty o~ one per cent (1~) of such defaulted amount. The one per
aent (l~) penalty first imposed shal~ be retained by the Treasurer
as a cos~ of servicing ~he delinquency and all subsequent penalties
shall be paid to the holder of the bond alpng with and as a part
of such defaulted payment.
Proceedings for alI work shall be tiaken pursuan~ to the
Municipai Improvement Act of 1913, and the bonds hereinabove described
shall be issued under ~he provisions of the Improvement Act of 191I
as heretofore described.
BE IT £URTIiER RESOLVEB that in accordance with the pro-
visions of Sec~ions 10203 and 10204 af the Streets and Highways Code,
-3~
~eing a part of the Municipal Impravement Act of 1913, the matter
of the improvements and acquisitiions herein referred to is here~y
referred to the Director of Public ~4orks p~ the County of sutte,
as Engxneer of Work, the pezson having charge and con~roZ of the
improvements and acguisitions desaribed in this resoZution. Said
Engineer of Work is hereby directed to make and file with the County
Clerk of the County of Butte, a report in writing containing the
~o2iowing:
a. Plans and specifications of the proposed improve-
ment if the imgrovement is not already insta~led;
b. A general description of the works or appliances
already installed and any other property necessary
or convenient ~or the opera~ion of the improvement,
if the works, appliances or property are to be
acquired as part of the improvement;
c. An estimate of the cost of the improvement and of
the cost of lands, rights-of-way, easements and
incidental expenses in connection with ~he improve-
ment. If the legislative body in the resolution
of intention ordered tha~ private utility damages
be included zn th2 assessment, the repazt shall
con~ain an estimate of private utility damages;
d. A diagram showing the assessment district and the
boundaries and dimensions of the subdivisions of
land within the district as they existed at the
time of the passage of the ~esolution of intention.
Each subdivision, including each separate condomin-
ium xnterest as ~efined in Section 783 of the
Civi1 coae, shall be given a sepa~ate number upon
~he dS.agram.
e. A proposed assessment of tne ~otal amount of the
GOSt and expenses of the praposed improvement
upon t.he several subdivisions nf land in the
.district in propor~ion to the estimated benefits
to be received by such subdivisions, respective~.y,
~rom the imprevement. xdhen any portion or percent-
age of the cost and expenses of ~he improvement
is ord2red to be paid out of the treasury of the
municipality, pursuant to Section 10200, the
amount of such portion or percentage sY3.a11 first
be deducted trom the tatal es~imated cost and
expenses o~ the improvement, and the assessmen~
upon property proposed in the report shall include
only the remainder of the estiimated cost and
expenses. The assessment shall refer to the sub-
divisions by their respective nw*.~bers as assigned
puzsuant to subdivision (d) of this section.
~~_
~~
-~l-
BE IT FURTHER RESOLVED that if any surplus remains in the
Improvement Fund after the complet~on of the improvements and the
payment of all cZaims from the impravement Fund, said surplus sha21
be distrihuted in accordance with Section 10427 of the Streets and
Highways Code.
BE iT FURTHER RESOLVED that the Board of Supervisors
hereby finds that the public interest will not be served by allow-
~ng th~ property owners to take the contract for the work and improv~-
ments provided ~or in this Resalution of Intentipn. '
* * *
T HEREBY CERTIFY that the foregoing Resolution was duly
and regulariy adopted by the Board of Supervisors of the County
of Butte, State of California, at a regu~ar meeting thereof, held
on the 26th day of June, 1973, by the following vate, to wit:
AYES: Supervisors Cameron. Gilman~__Ladd, Madi~an and Chairman McKil~op
NOES: Supervisors none
ABSENT: Supervisoss (~one)
CLAIiK A. NELSON, County CZerk,
County pf Butte, State of California
~
-5-