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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-