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Home My WebLink About75-066RESOLUTION OF INTEN~ION N0. 75-66 IiV TI-IE MATTER OF THE GONSTRUCTION OF IMPROVEMENTS AND AC4UISITIONS IN GLARK ROAD ASS~SSMENT D~STRICT NO. 1, COUNTY OF BUTTE, STATE OF C1~,ZIFORNIA BE IT RESOLVED by the Board of Supervisors o£ the County of Butte, State of California, that it is the intention of said Board to order the following improvements and acquisitions to be made in Clark Road Assessment District No. 1, County of Butte, State of California, to wi~: The construction of a storr.i drainage collection and . outfall system in ancl along Cl.ark l~oad, Paradise, from Qearson Road to a point approximately 200 feet north of Elliott Road, including curb and gutter, collector and main conduits, all necessary drainage inlets, manholes and 3ppurtenances, including reloca- ~ ing-exa.sting utilities as required, relocation and/or replacement of walks, curbs, pavement and other exist- ing improvements disturbed by construction, together with all appurtenances and facilities; together with the acquisition of any easements and rights-of-way necessary for the construction of improvements. BE IT RESOLV~D that said improvements to be constructed in the streets, avenues, la*~es, courts•, roads, places and/or public ways hereinabove descri.bed, will }ae of dimensions; materials, and in the particular locations, as set forth and shown on the plans and specifications and detail~d drawi.ngs hereinafter referred to; together with the construction ot ail apgurtenances thereto, including neces~- sary fittings, trenchings, grading and regrading, excavation and till, removal, of abstructions, connections to ea'sisting services, back filling, reconstruction of existing ground surface as required to conditions existing prior to commencement of construction, all in the manner, of the materia~s, and to the dimensions and to the grades, and in the particular locations as the sar:ie will be more fully shown on the plans and specifications and detailed drawings hereinafter referred to; '"1^ ~~~~';~-~'~~~r~ ~ ~ ~.~.~, ~na ~ `c.~~ ~; `; :' „' ~~: €~:_ ~S-G(O That the structures and work and improvements herezn described shall be constructed to the grades, sub-grades and eleva- tions severally to be shown upon the pZans and profiies and detailed drawings tnereof in the respective locations thereof, which said grades are hezeby adopted as the official grades therefor for all purposes in cnnnection with the proceedings pursuan~ to this Resolution o£ Intention. Notice is hereby given that said gra~es may be new and different from those heretofore established or existing, or may be different from existing ground levels. All of said wozk shal~ include, without duplication, any and all street intersections, terminations and opposite terminations occuzring within the limitations of said work. The attention of all persons is directed ta the facf that not all of said classes o£ work above described may be constructed upon all the streets and/or public ways above described in their entirety, but only upon the particular locations as shown on the plans and specifica- tions hereafter referred to, which said plans and specifications shall govern as to all de~ails with relation.to the same. HE IT FIIRTHER RESOLVED that the Board of 5upervisors of the County of Bu~te hereby makes the expenses and costs of said improve- ments and acquisitions chargeable upon a district, which said district said Board hereby declares the district benefited by the improvements and acquisi~ions herein described; said district shall include that terri~ory in the County of Butte, State of California, which is shown on that certain map on file in the office of the County Clerk of the County of Butte, and which is entitled and described, "Propased Boundaries of Clazk Road Assessmen~ District No. 1, County of ~utte, State of California," and whXch 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; sa~d map is, by this reference, incorporated herein and made a part hereof. -2- Excepting from the area shown and delineated on said map hereinabove re£erred to, the area of all public streets, avenues, lanes, roads, drives, courts, places, public parks, and all easements and rights-of-way therein contained belonging to the public, and also all property owned by the County of Butte, the State of California, or the United States of America, ~ontained therein, now in use in ~he performanca of a public function. ~OTICE IS HEREBY GIVEN that sezia~ bonds to represent unpaid assessments, and beariag interESt at the rate of not to exceed eight per cent (Bg) per annum shall be issued in the manner and form provide~ in Part 5, Division 7 of the Streets and Highways Code of the State of California (Improvement Act of 1911) to represent unpaid assess- ments of Fifty DolZars ($5~.00) or over, the last installment of which bonds shall mature fourteen (14} years from the 2nd day of 3anuary next succeeding the next September lst followin~ their date. Said bonds shall be payable to bearer, and may be redeemed as provided in the Improvement Act of 1911, and there sha11 be added to the redemp- ~io~ clause in said bonds the following words: ~ "....together with a premium of five per cent (5$) of the unmatured principal." In case of default, there shall be added to the defaulted amount one per cent (1~) of the amount thereof, and on the lst day of each month following such default there shall be added a further penalty Qf one per cent (1~) of such defaulted amount. The one per cent (1$) penalty first imposed shal~ be retained by the Treasurer as a cost of servicing the delinquency and aI~ subsequent penalties shall be paid to the holder of the bond alonq with and as a part of such defaulted payment. . -3- Proceedings for all work shaZi be taken pursuant to the '. Municipal Improvement Act of 1913, and the bonds hereinabove described shall be issued under the provisions of the Improvement Act of 1911, as heretofore described. BE IT FURTH~R RESOLVED that in accordance with the provisions of Sec~ions 10203 and 102~4 of the Streets and Highways Cade, heing a part of the Municipa~ Improvement Act of I913, the matter of the improvements and acquisitions herein referred to is hereby referred to the Director of Public Works of the County of Butte, the person h~ving charge and con~rol of the zmprovements and acquisitions described in this resolution. Said persan is hereby.directed to rnake and file with the County Clerk of the County of Butte, a report in writing containing th~ following: a. Plans and speeific~tions of the pro~osed improve- ment i£ the improvemen~ is not already installed; b. A general description of the works or appliances alzeady instal~ed and any other property necessary or convenient for the operation of the improvement, if the works, appliances or property are to be acquired as p~rt of the improvement; c. An estimate ot the cost of the improvement and of ~ the cost of lands, rights-of-wa,y, easements and inczdental expenses in connec~ion with the improve- ment. d. A diagram showing the assessmen~ district and the . bounda~ies and dimensions of the subdivisions o~ land within the district as they existed at the time of the passage of the resolution of intention. Each subdivision, including each separate condomin- ium interest as defined in Section 783 of ~he Civil Code, shall be given a separate number upon the diagram. e. A proposed assessment of the total amount o~ the cost and expenses of the proposed improvement upon the several subdivisions of land in the distric~ in proportion to the estimated benefits to be raceived by such subdivisions, respectively, from the improvement. when any portion or percent- ~ age of the cost and expenses of the improvement . ~s ordered to be paid out of the treasury of the -4- municipality, pursuant to Section 10200, the amounti of such portion or percentaqe shall first be deducted from the tota~ estimated cost and expenses of the improvement, and the assessment ' upon property proposed in ~he report sha~~ include onZy the remainder of the ~stimated cost and expenses. The assessment shall refer to the sub- divisions by their respective numbers as assiqned pursuant to subdivision (d) o£ this s~ction. BE IT FURTHER RESOLVED that if any surglus remains in the Imgrovement Fund after the completion of the improvements and the payment of a11 claims from ~he Improvement Fund, said surplus shall be distributed in accordance wzth Sectzon 10~27 of the Streets and Highways Code. BE IT FURTHER RESOLVED~that th~ Board of Supervisors hereby finds that the public interest will not be served by allowing the property owners to take the contract for the work and improvements ~rovided for in this Resolution of Intention. * * * I HEREBY CERTIF'Y ~hat the £oregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Butte, State of California, a~ a regular meeting thereof, held on the ~.Sth day of April, 1975, by the following vote, to wit: AXES: SupeYVisozs ~chter, Madigan and McKillop NOES: Supervisol's ~ameron and Ladd ABSENT: Supervisors None CLARK A. NELSON, County Clerk, County of Butte, State of Cal.i rnia .~ "f`'~\ G ~~., a~ . ~22.. s/~ Chai rnian, Board of Supervisors • -5-