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HomeMy WebLinkAbout68-104RESOLUTION OF INTENTION N0. 68-104 IN THE MATTER OF TFIE CONSTRUCTION OF IAIPROVEh4ENTS AND ACQUISITIONS TO BE MADE IN EAST AVENUE ASSESS- MENT DISTRICT UNIT N0. 2, COUNTY OF BUTTE, STATE OF CALIFORNIA BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, that it is the intention of said Board of Supervisors to order the following improvements.and acquisitions to be made in East Avenue Assessment District Unit No. 2, County of Butte, State of California, to wit: Construction of concrete curbs, gutters, drive ray aprons, sidewalks, and all necessary appurtenances for the herein described improvements, including removing and replacing existing facilities and removing and disposing of all refuse and surplus materials, together with the acquisition of any land, easements or rights-of-way necessary thereto. All of the_above mentioned work is more particularly and specifically set forth and described in the plans, profiles and specifications for said work heretofore adopted by the Board of Supervisors of the County of Butte, by its Resolution No. 68__Yr___10I which plans, profiles and specifications are hereby referred to for all particulars iai connection therewith. The public streets and rights-of-way hereinabove referred to are shozrn and delinea- ted in detail and specifically located on the plans hereinabove referred to; BE IT FURTHER RESOLVED that the improvements be constructed in said streets, avenues, roads, lanes, courts, places and/or public ways hereinabove described, of the dimensions, materials and in the particular .locations set forth and shown on the plans and specifications and detailed drawings hereinabove and here- after referred to; together Edith the construction of all appur- tenances thereto, including necessary fittings, trenchings, -1- ~~ ~~~~ grading and regrading, excavation and fill, removal of obstruc- tions, connections to existing services, back filling, reconstruc- tion of existing ground surface as required to conditions exist- ing prior to commencement of construction, ali in the manner, of the materials, and to the dimensions and to the grades,. and in the particular locations as the same are more fully shown on the plans and specifications and• detailed drawings hereinabove and hereafter referred to; That the structures and work and improvements herein described shall be constructed to the grades, sub-grades and eleva- tions severally shown upon the plans and profiles and detailed drawings thereof in the respective locations thereof, to which plans and profiles reference is hereby expressly made for a descrip- tion of the grades to which all of the work and improvements under this Resolution of intention shall be done, which said grades are hereby adopted and established as the official grades there- for for all purposes in connection with proceedings pursuant to this Resolution of intention; notice is hereby further given that said grades are or may be, in part, new and different from those heretofore established or existing, or may be, and in some cases are, different from existing ground levels; The plans and specifications, profiles and detailed drawings and diagrams accompanying the same are hereby express- ly referred to for full and detailed description and location of said proposed work and improvements, the public streets and rights-of-way involved, and the grades of the public streets and rights-of-way involved, and of the grades to which saidimprove- ments are to be constructed; • -2- Excepting from all of the herein described work all of said work that has already been done to the lines and grades shown on said plans and profiles, and in accordance with said. plans and specifications; All of said work shall include, without duplication, any and all street intersections, terminations and opposite termina- tions occurring within the. limitations of said work; The attention of all persons is directed to the fact that all of said classes of work above described may not be con- structed upon all of the streets and/or public ways above described in their entirety, but only upon the particular locations as shown on the plans and specifications; BE IT FURTEfER RESOLVED that the Board of Supervisors of the County of Butte hereby makes the expenses and casts of said improvements and acquisitions chargeable upon a district, which said district said Board of Supervisors hereby declares the district benefited by the improvements and acquisitions herein described; said district shall include that territory in the County of Butte, State of California, which is shown on that certain map on file in the office of the County Glerk of the County of Butte, and which is entitled and described, "Amended Map Shawing Proposed Boundaries of East Avenue Assessment District Unit ido. 2, County of Butte, State of California," and which. said map indicates by a boundary line the .extent of the territory included in the proposed district and covers all details as to the extent of the area to be assessed; said map is, by this reference, incor- porated herein and made a part hereof. -3- ill Excepting from the area shown and delineated on said map hereinabove referred to, the area of all public streets, avenues, lanes, roads, drives, courts, places, public parks, and ail ease- ments and rights-of-way therein contained belonging to the public, and also excepting from the area shotiun and delineated on said map all property owned by tti'e United States of America, the State of California, the County of Butte, and any other public agent mandatory of the Government, school board, educational, penal or reform institution or institution for the feeble-minded or the insane which is in use in the performance of a public func- tion, and also specifically excepting therefrom any property belong- ing to the United States of America or the State of California, whether in use in the performance of a public function or other- wise. NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid assessments, and bearing interest at the rate of six per cent (6%) per annum, shall be issued in the manner and form pro- vided in Part 5, Division 7 of the Streets and Highways Cade of the State of California, (Improvement Act of 1911) to represent unpaid assessments of Fifty Dollars (~50.OD) or over, the last installment of i,rhich bonds shall mature fourteen (14) years from the 2nd day of January next succeeding the next September 1st following tl~eir date. Said bonds shall be payable to bearer, and may be redeemed as provided in the Improvement Act of 1911, and there shall be added to-the redemption clause in said bonds the following words: ".....together with a premium of five per cent (5 a} of the unmatured principal." _~_ In case of default, there- shall be added to the defaulted amowrt one per cent (10) of the amount thereof, and on the 1st •day of each month following such default there shall be added a further penalty of one per cent (1%) of such defaulted amount. The one per cent (lo) penalty first imposed shall be retained by the Treasurer as a cost of servicing the delinquency and all subsequent penalties shall be .paid to the holder of the bond along with and as a part of such defaulted payment. Proceedings for ail work shall be taken pursuant to the Improvement Act of 1911, and the bonds hereinabove described shall be issued under the provisions of the Improvement Act of 1911 as heretofore described. NOTICE IS I]EREBY GIVEN that on Tuesday, the 6th day of August,. 1968, at the hour of 5:00 o'clock P.M. of said day, at the meeting place of the Board of Supervisors of the County of Butte, located at the Chico Justice Court, lb3 Oleander Street, Chico, California, any and all persons having any objection to the proposed improvements and acquisitions, or any objections to the grades to which said work is proposed to be done, or to the boundaries of the district proposed to be assessed to pay the cost and expenses thereof, may appear before said Board of Supervisors of the County of Butte and show cause why said improvements and acqui- sitions should not be carried out in accoxdance with this Resolu- tion of Intention, and may present written protest, not later than the hour hereinabove set for hearing, against the doing of said work, the grades to which said work is to be done, or the extent of the territory to be assessed to pay the cost and expenses thereof; _B_ The County Clerk of the County of Butte shall cause this Resolution of Intention to he published twice in the CHICO ENTERPRISE, a newspaper of general circulation, circulated in. the County of Butte, which said newspaper is hereby designated as the newspaper in which shail~be printed and published all notices, resolutions, orders and other matters required to be published in the proceedings taken pursuant to this Resolution of Intention and under the provisions of said Improvement Act of 1911, and amendments thereto; the first publication of said notice shall be not less than ten (10) days prior to the date herein fixed for hearing on this Resolution of Intention; The Engineer of {Mork shall cause to be conspicuously posted along the line of said contemplated work and improvement, and on all the open streets within the assessment district, notice of the passage of this Resolution of Intention in the time, form and manner required by law. -- The County Clerk of the County of Butte is hereby dixected to mail a copy of this Resolution of Intention, postage prepaid, to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll or as known to said County Clerk, said mailing to be at least fifteen days prior to the day herein fixed for hearing on this Resolution of Intention, all in the time, form and manner pros- crihed in said Improvement Act of 1911, as amended. NOTICE IS HEREBY GIVEN that the total estimated cost of said improvements and acquisitions is the sum of $32,500.00 -5- I HEREBY CERTIrY that the foregoing Resolution was duly and regularly adopted by the Board of Supervisors of the County of Butte, State of California, at a regular meeting thereof, held on the 9th day. of July, 1968, by the following vote, to wit: ' .AYES:. Supervisors Dunaway Fiowsde McRillop,~yd~ F._Cha~ T¢a~~e~ NOES: Supervisors None ABSENT: Supervisors N ne -- JESSIE ROGERS, County Clerk, ' County of Butte, State of California ,Deputy C].erk (SEAL ) -7-