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Home My WebLink About75-102RESQLUTION OF INTENTION N0. 75-~102 IN THE MATTER OF THE CONSTRUCTION OF ZMPROVEMENTS IN CLARK ROAD ASSESSMENT DISTRICT 'NO. 1, COUNTY OF Bi3TTE, STATE OF CALIFORNIA BE IT RESOLVEA by the Board o~ Supervisors of the County of Butte, State of Cal.ifornia, that it is the intention of said Board to order the following intprovements to be made in Clark Road Assessment District No. 1, County of Butte, State of California, to wit: The construc~ion of curbs and gutters zn and along Clark Road, Paradise, from Pearson Road to a point approximately 200 feet north of Elliott Road, together with relocation and/ox' replacement of walks, curbs, pavement and other existing improve- ments disturbed by construction, toge~her with all necessary appurtenances. BE IT RESOLVED that said improvements to be constzucted in the streets, avenues, lanes, courts, roads, places and/or public ways hereinabove described, will be of dim~nsions, materials, and in the particular locations, as set forth and shown on the plans and specifications and detaiied drawings hereinafter referred•to; together with the construc~ion of all appurtenances thereto, includinc~ neces- sary fittings, trenchings, grading and regrading, excavation and fi11, zemoval of obstructions, connections to existing services, back filling, reconstruction of existing ground surface as require~ to conditions existing prior to commencement of construction, all in ~he manner, of the materials, and to the di.mens.ians and to the grades, and in the particular Iocations as the same will be moxe fully shown on the plans and specifications and detailed c3rawings hexeinafter referred to; ~d'`~~,~~~~~~~~ _ _.~_ ~ 7.~ - ~C~a... ~... _ . ___ __...._ _ _ __ . _. __ _____ __ .~.~ I7 _ ~., , I Tha~ the structures and work and improvements herein described shall be constructed to the grades, sub-grades and eleva- tions severaliy to be shown upon the plans and profi~es and detailed drawings thereof in the respective locations thereof, which said grades ~ are hereby adopted as the official grades therefor for all purposes . in connection with the proceedings pursuaat to this Resolution of Intention. Notice is hereby given that said grades may be new and different from those heretofore es~ablished or existing~ or may be different from existing graund levels. A11 of said wor-k shall ine~ude, without duplica~zon, any and all street intersections, terminations and opposite terminations occurring within the limitations o~ said work. mhe attention of all persons is directed to the fact that not a~l af said classes of work above described may be constructed upon all the streets and/or pubZic ways above described in their entirety, but only upon ~he par~icular locations as shown on the plans and specifica- tions hereafter referred ~o, which said plans and specifications shail govern as to all detaiis with relation to the same. BE IT FURTH~R RESOLVED that the Board of Supervisors of th~ County o£ Butte hereby makes the expe~ses 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 herein dESCribed; said district shall include that terrztory an the County of Butte, State of Calitarnia, which is shown on that certain map on file in ~he of~ice o£ the County Clerk ot the County of But~e, and which is entitlea and described, "Proposed Boundaries of Ciark Road Assessmeat District No. i, County of Butte, State of California," and which said map indica~es 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, incorporated herein and made a part hereof. -2- Excepting ~rom the area shown and ~elineated on said map hereinabove referred to, the area of all public s~ree,ts, avenues, lanes, roads, drives, courts, places, pub~ic parks, and all easements and rights-of-way therein contained belangzng to the public, and also all property owned by the County of Butte, the State of Califarnia, or the United States of America, contained therein, now in use in the performance of a public function. NOTICE IS HEREBY GIVEN that sezial bonds to represent unpaid assessments, and bearing interes~ at the rate of not to exceed eight per cent (8g) per annum shaZl be issued in the_manner and farm provided in Part 5, Division 7 of the StrEets and Highways Code of the State o~ California (Tmprovement Act of 1911) to represent unpaid assess- ments of Fifty Dollars ($SO.~Q} or over, the last installment of which bonds sha~~ mature fourteen (14) years from the 2nd day of January next suaceeding the next Sep~ember lst following their date. Said bonds shall be payable to bearer, and may be redeemed as provided in the Improvement Act of 1911, and there shall be added to the redemp- tion clause in said bonds the following words: "....together with e premium of five per cent (So) of the unmatuxed principal." In case of default, there shal3 be added ta the defaul~ed amount one per cent {1$) of the amount thereof, and on the lst day of each month foliowing such defau~t there shall be added a further • penalty of one per cent (lti) of such defaul~ed amount. The one per cen~ (1~) penalty first imposed shall be re~ained by the Treasurer as a cost of servicing the delinquency and all subsequent penalties shall be paid ~o the holder of the bond along witih and as a gart of such defaulted payment. ~3- P~oceedings for all work shalL 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 FUR~HER RESOLVED that in accordance with the pxovisions of Sections 10203 and 1020~ of the Streets and Highways Code, being a parti of the Municipal Improvement Act of 1913, the matter of the impravements and acquisitions herein re£erred to is hereby refe~red to the Director of Public Works of the County of Butte, the person having charge and con~ral of the improvements described in this resolution. Said person is hereby directed to make and Pile with the County Clerk pf the County of Butte, a report in writing containing the followiag: a. Plans and specifications of the proposed improve- men~ if the improvement is not already installed; b. A general description of the works or appliances already ins.talled and any other property necessary ' or convenient for the operation af the improvement, if the works, appliances or property are to be acquired as part of the improvement; c. An es~imate of the cost of the improvement and of the cost of lands, rights-of-way, easements and incidental expenses in connec~ion with the improve~ ment. ~ d. A diagram showing the assessmer.~ district and the boundaries and dim~nsions of the subdivisions of land within the district as they existed at the time of the passage of the resolu~ion ot intention. Each subdivision, including each separate condomin- ium interest as defined in Section 733 of the Civil Code, sha11 be given a separate number upon the diagram. e. A proposed assessment of the tota~ amount ot the cost and expenses of ~he proposed zmprovement upon the sevexal subdivisions of land in the district in proportion to the estimated benefits to be received by such subdivisions, respectively, from the improvement. When any portion or percent- age of the cost and expenses of the improvement is ordered to be paid out of the treasury of the -4- municipality, pursuant to Section 10200, the amount of such portion or percentaqe shall first be deducted fron the total estimated cost and expenses of the improvement, and the assessment upon property proposed in the report sha11 include only the remainder of the estimated cost and expenses. The assessment shall refer to the sub- divisions by their respective numbers as assigne~ pursuant to subdivision (d) of this section. BE IT FIIRTIiER RESOLVED that if any surplus remains in the Zmprovement Fund after ~he completion of the improvements and the payment of all c~aims fram the Improvement Fund, said surplus shall be distributed in accordance with 5ection 1~427 of the Streets and Highways Code. . B~ IT EURTHER RESOLVED that the Board ot Supervisors hereby finds tha~ the public interest will not be served by al~owing the property owners to take the contract for the work and improvements provided fnr in this Resoiution of Intention. * * * I HEREBY C~RTIFY that the forego~ng resolution was duly and regularly adopted by the Board nf Supervisors of the County of Butte, State of California, at a regular meeting thereof, held on the Zst aaY o~ July , 1975, by the following vote, to wit: AYES: ' SupeIVi50I'S ('am .ron Madigc~n,_ McKiflo~ RichtPr nnrl Chnirm~n j,ndr! NOES: 5upervisors rJone ABSENT: Supervisors None CLARK A. NELSON, County Clerk, County of Butte, State of California ~..--t'.lct.l~` `t i~~ls~ -5-