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HomeMy WebLinkAbout75-050, . ~ : ~. _ . _ _.~~ __ ~ ~~~~ ~~~~~~ _ ~ ~ ~ ~ . ~LASSEN AVENUE ASSESSMENT DISTR~CT I~70. 1 ~- j~ ~RESOLUTION I~70. 47-50 (1) Declaring that Public Convenience and Necessity Requ~.re Im~rovements and Acquisitions in Lassen .Avenue Assessment District No. 1, and (2) Set~ing Time and PZace for a Hearing Respec~ing the Public Convenience and Necessity for said Impravements and Acquisi~ions. ~ WHEREAS, on Mareh ~,g , 1975, the County Surveyor-Dizector o~ Public Works of this Cov.nty pres~nted to this Board a boundary map en~itl.ed. "Lassen Avenue Assessment Distzict No. 1" and said map showed a boundary line enclosing an area in this County, and WHEREAS, on March i8 , 1975, this Board adopted its Resolution - No. 75-~a7 and therein approved said map, and therein granted the name "Lassen Avenue Assessment District No. 1" to the area in this County shawn;encTosed by said boundary line on said map, and TnT:IEREAS, this Board desires to construct work and improvements bene~iting said assessment district and desires to acquire a3.~. rights of way, places and p~operties necessary for constructing said work and improvements all under a Zawful decl.aration that ~he pub~.ic convenience andrnecessity require the same, and WHEREAS, this Board desires to assess a11 of the cos~s and expenses of said work and improvements and ~he cos~ of any ac.quisztions ~ necessary ~herefor on ~he Distric~ of lands mentioned hereinabove, to writ, said Lassen Avenue Assessment Dis~ric~ No. l. `'N4W THEREFORE~ RESOLVED BY THE BOARD OF SUPE12V2SORS OF THE COUNTY OF BUT'PE: `•"l. That this Boa~d hereby parela.minarily determines that the pub]:ic convenience and necessity require that the County of Butte cans~ruct a Storm Drainage System witlz all necessary appurtenances . . , ~ . ~ . . I . . ._._ _ __ for the benefit of the area in this County that this Board by its Resolution Na. 75-/+7 has designated as Lassen Avenue Assessment District No. 1 and that said public convenience and necessi~y require that ~he;County of Bu~te construct curbs, gutters and sidewalks on ~he street~- within said distric~t known as Lassen Avenue and to aaquire a7.1. right of wa~r, places and properties necessary for constructing the same. That a map;of said Lassen Avenue Assessment District No. 1 is on file in the office of the C1erk of this Board and this Baard hereby refers all persons to said map for a showing of the ].ocation and extent of saa.d Lassen Avenue ,Assessment District No. 3.. ~ 2. That tha.s Board hereby preliminarily determines ~o pay for the clost of all of said work, said improvements and said acquisi~ions and al1 expenses appertaining thereto by levying special assessments on the lands situate within ~he boundaries of said Lassen Avenue Assessment District No. 1 saving and excepting therefrom the area o~ all public stree~s-~and also preliminarily determines to assess ~he same in accordance with the benefits that each parce~. of land in said district receives ~herefrom. 3. That this Board hereby preliminarily determines to do the work,.to construct the improvements and any lawful changes thereto, and,to acquire the rights of way, places, and properties and any ~.awful additions thereto all under proceedings ~ha~ this Board Snaii conduct for the same under the Improvement Ac~ of 1911 and this Board hereby pre~iminarily determines to under~ake said proceedings under said said Improvement Act o~ 1911 without complying with the provisions of the;Special Assessment Investigation, Limita~ion and Majority Protest Act o~ 1931. ' 4. That on date hereof the Coun~y Surveyor-Director of Public Woxks has presented no plans or specifications ~o thzs Board showing the nature and locations of said work and improvements. That in ~he course of the proceedings that this Board proposes to conduc~. unde~ : _2~ said Tmprovemen~ Act of 19~1 this Board will adopt and approve plans and speci~ications showing the nature and locat~on of said work and improvements and showing the location of all righ~s of way, p~aces and properties necessary to be acquired for constructing the same ~nd will adopt and approve an Engineer's estimate showing the estimated co5t ot all work and improvements and acquisi~ions, and that this Board.will cause each person owning land in said Lassen Avenue Assessment bistrict No. l that is subject to assessment to receive notice of the adoption o£ said plans and specifications and said cost estimate together with a statement of his rights under said Zmprovement Act of 1911 to protest to the same. 5. That this Board hereby sets ~pril 22 , 1975, at the haur of , 2! o'clock p.M. a~ the Butte County •Adm~~i.s;trati.ve-Building, Oroville California, as the time and place for a public hearing whereat any person interested may appear and show cause why this Board should not tind and determine that the public convenience and necessity require the County of Butte to do said work and construct said imp~ovements and to acquire said rights of way, places and proper~ies all wi~hou~ complying with ~he provisions of the Special Assessmen~, Inves~iga~ion, Limi~a~ion and Majority Protest Act of 1931. 6. That this Board hereby dixects the Clerk of this Board to notify a~l interested persons of said hearing by do~ng aI~ o£ the following (a) Publish a notice in the newspaper of general circu~ation known as the Chico Enterprise:~ Record and publish sazd notice in two enti~e issues of said newspape~, one of which shall be published on one day and the pther shall be published on a daX subsequent to the daX the first notice is published and publish said notice for the first time at least IO days before the da~e hereinabove set for said hearing; (b) Ma~l prepaid at least 15 days before the date hereinabove set for said hearing a notice ta each owner of land within the proposed Lassen.Avenue Assessment Distrzct No. 1 whqse name and address is shown on the equalized assessment roll of the County of Butte last prior to the date of this resolution and mail such a notice to the owner of any said land whose name and whose address the Clerk knows and mail such a notice to -3- ~~ ~~~~~_ ~ ._ . . the owner o~ any said land whose•land is assessed under the provisions of Section 1.4 Article XIII of the Constitut~.on of California at the address for said ownar shocan on the Board rol7. last ~~ansmitted to the County Auditor prior to the date of this resolution. 7. That the County Surveyor-Director of Publis Works sha11. post notices on a7~1 open streets within the boundaries of the pzoposed La6sen Avenue Assessment District No. 1 at not more than 300 ~ee~ in distaiice apart but not less than 3 said notices on each said s~~ee~ and shall complete posting all said notices at least 10 days prior to the;date set herein for said public hearing and said notices so posted shall be headed Notice of Tmprovement set in ~ype not less than one inch in height. : 8. That the notice herein ordered to be published, the notice hex.ein ordered to be mailed and ~he notice herein ordered to be posted along the~publ.ic s~ree~s Snaii s~ate the following: i That this Board has passed. this resolution and has preliminarily ° determined that the public convenienae and necessity require that ` the County of Butte do work and construct improvemen~s and acquire rights of way, places and proper~ies under proceedings to be taken under ~he Improvement Act of 1.91.1 without compliance with the pro- ~ visaons of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 all for an assessment district to be known as Lassen Avenue Assessment District No. l. That a public fiearing will be held at the time and place stated herein whereat any interested person may fi7.e a wriEten objection-and show c~~~e . therein why this Board should not find and. determine that the public i ~ convenience and necessity require said work and impravement and acquisitions cvithout compliance wi~h the Provisions of the Special Assessment Investigation, Limitati:on and M~.jority Protest Act of 1931. -4- . . ; ~ ~ _ . .' . ; . '. . ~ _ _ . " ~ _ ._. ~ ~~~~~ ~ ~ ~ ~~. That a11 protests shall be in writing and shall state the name and address of the protestor. `. That the Clerk and the County Surveyar-Director of Public Wox~ks are hereby authorized ~o accomplish any notice herein directed a.n combination with any notice published, mailed or posted that a.s required ' under:!the Improvement Act of 1911. , PA55ED AND ADOP~'ED BY 'FHE BOARD QF SUPERVISORS OE' THE COUNTY 0~' BE7TTE, STATE OF CALIFORNIA, this ].8th day of March, 1975, by the following vo~e, to-wit: ',A.YES: SUPERVISORS Cameron, Richter, Mada.gan, McKillop and Chairman Ladd NOES : ~C7PERVISORS None ABSENT: STIPERVISORS None ~ C irman of t e oard o 5upervisors . ~ (sE~). ~ ATTEST: Ci.ark A. Nelson, County Clerk i \/~.K ~ I '~v`~s'~!i'~ C1.ezk':of the Board o~ Supervisors -S-