HomeMy WebLinkAbout76-086LA55EN AVEI3UE
ASSESSMENT DIS~'RIC'T' NO. 1
RESOLUTION N0. 76T86
(1} DETERMINZI~7G '~HAT THE PUBLIC CONVETTx~NC~
AND NECESSTTY REQUIRE IMPROVEMENTS AD3D
ACQUISITIONS TO BE MADE AND PAID ~'OR BY
SPECIAL ASSESSMEN~'S~ AND
(2) DETEI2N1zNING THAT 'FHE SPECIAL ASSESSMENT
TNVESTIGATION, LIMITATIOIV AlVD MAJORITY
PRpTEST ACT OF 193Z SHA2,L NOT APPLY TO
PkZOCE~DTNGS THEREFOR.
WHEREAS, on March 9, 1976, this Board adopted
R~SO~UTION NO. 76-44
(1) Describing Proposed Tmpzovements an8 Acqvisitions
for Lassen Avenue .i~ssessment District No. 1;
(2) Declaring that Public Convenience and Necessity
Req~ire said Improvem~n~Es and Acquisitions; and
(3) Se~ting mime and Place for a Hea~inq Respecting
the Public Convenience and Necessity foz said
Improvements and Acquisitions.
WHEREAS, ~his Board set April 20, ~.976, in said Resolution
No. 76-44 as the da~e for hearing a11 persons znterested in the
matters contained ~n said Resolution No. 76-44, and
WHEREAS, on Apri1 20, 1976,,this Board heard numerous
persons who spoke either for or against the proposed improve-
men~s described in said Resolution No. 76-44 and for or agaa.nst
other ma~ters contained in said resolution and on that date
this Board received written protests ~rom numerous persons,
and
WHEREAS, on April 20, ].976, this Board after heazing
all persons and after receiving all written protests thereupon
canta.nued the anat~ers contained in said Resolution No. 76-44
to May 4, 1976, for determination, and
WHEREAS, this day is the day this Board set for said
determination of said matters contained in said Resolu.tion
No. 76-44, and
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WHER~AS, the Clerk of ~his Soard has fi~ed his affidavit
showing that on March 26, ~976, he aaused notice to be mailed
to each propert~ owner in said LASSEN AVENUE ASSESSMENT DISTRICT
N0. 1 stating the time and place of a hearing on the matters
contained in said Resolution No. 76W44, and containing all
other matters this Board directed the Clerk to include in
said notice, and
WHEREAS, the Clerk of this Board has filed his affidavit
showing that on March 24 and March 25, 1975, he caused
notices ~o be pos~ed on ~he streets in said LASSEN AVENUE
ASSESSMENT DISTRICT N0. 1 stating the time and place ot a
hearing on the ma~rers contained in said Resolution No. 76-44,
and containing all other matters this Board directed said Engineer
to include in said notice, and
WHEREAS, on March 17, and March 24, 1976, the Clerk duly
publzshed in The Chico Enterprise-Record a notice stating
the time and place of a hearing on the matters contained in
said Resolution No. 7.6-44 and containing all other matters
this Board directed the C1erk to include in said notice and
an affidavit of fhe said Chico Enterprise-Record has been
filed s~owing said publication was done on said dates, and
,~~REAS, cer~ain property owners whose names are shown
in tr_ ~inutes of this Soard £iled objections to the matters
this Board de~ermxned in said Resolution No. 76-44, and
[~iEREAS, this Board has heard a~l persons sa objecting
that desired to be heard and has conszdezed aZl such objections,
NOW, THEREFORE, RESOLVED BY THE BOARD OF SUPEI2VISORS OF
THE COUNTY OF BUTTE, ST'ATE OF CALIFORNIA:
1. That this Board finds that each of the recitals
stated above is true.
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2. That this Boazd finds and determines that the public
convefiience and necessity requixe that the County of Sutte do
the public improvement work with any necessary changes or
additions ~here~o and acquire the rights of way, places an8
properties with any necessary changes or addi~ions thereto that
are described ar raferred to in Resolution No. 76-44 adopted
by this Board on March 9, 1976, in and adjacent to the area
in this Coun~y that this Board has by its Resalution No. 76-39
des~gnated LASSEN AVENU~ ASSESSMENT DISTRICT NO. 1, and that
this Board determines that said public impzovement work and
acquisitions shall be paid for by special assessments levied
on lands in said LASSEN AVENUE ASSESSNfENT DISTRICT N0. 1
and that this Board deterrnines that non~ of provisions of the
Special Assessment Investigation, Limitation and Majority
Protest Act of 1931 shall apply to ~he proceedings wherein
said public improvement work is done and said acquisitions
are made and the special assessments therefor are levied.•
3. That this Board determines that the public improvement
work and acquisitions and special assessments therefor and
all proceedings for the same shalY be done pursuant to the
terms and provisions of the Municipal Improvement Act of 19~3.
4. That thzs Board hezeby denies al1 cbjections f~1ed
and presented r~specting the matters contc=:ed in said Resolution
No. 76~44.
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PASSED Ai~ID ADOPTED BY THE BOARD OF SUPERVISORS OF TH~
COUNTY OF BUTTE THIS 4th ~:DAY OF May , 1976,
by the followzng vote, to-wzt:
AYES : SU~ERVISORS Ledd, McRSilap~ RichtAr and ChElirman Cemeroa
NOES : SUPERVZSORS aoae
ABSENT: SUPERVISORS I~fedi~ari
~~'~p,~
Chairman
ATTEST: CLARK A. NELSOI~, COUNTY CLERK
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Clerk of ~ e oard o~ Supervisors
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