HomeMy WebLinkAbout77-035RESOLUTION IN OPPOSITION TO STATE LANDS COMNIISS~ON'S ATTEMPT TO
ASSUME TITLE TO LANDS BETfn~EN ~HE LOW AND HIGH WATER MARK
WHEREAS this Boazd has been advised that the ~tate ~ands
G~ission is now asserting title in the state to property ~ocated
between the low water mark and the hzg~ water maxk at Lake Tahoe
and other water ways,
WHEREAS it is the opinion of this Board Cha~ such an attempt
to take title to ~ands without the benefit of condemnation or othe~
legal processes is improper,
NOW, THEFt~FORE, BE IT RESQLV.~b
1. That this Boa~:d respectful~y urges that the aforementioned
position taken by the 9ta~e Land Commission is improper, and is an
endeavor to assume ti~1e to lands to which the state is no~ entitled.
2. That ~h~.s. Board direct the clerk to send a coPy of this
resolv.tion to the Hon.orable ~tay Johnson, Senator, Eugene Chappie,
Assemblyman and Stan S~ath.am, ,Assemblyman and to such other parties
that this Board may direct.
PASSED ANB ADOPTED by the Board~ot Supervisors o~' the County
ot Bu~te, State of California, this :~2?:nd day of :Feb~nary
,
1977 by the following vote:
AYES: Supervisors Lemke, Madigan, Moseley, Win'ston and Chairman RichCer
NOES: None
ABSENT : None
NOT VOTING : None
ATTEST:
CLARK A. NELSOI~, County Clerk
and ex-officio Ierk of the Board
By ~~ "l ~
~~~~~~~~
BERNARD D, RICHTER
Chairman of ~he Boa~d of
Supervisors
__ _ _ .
~-- _,
~ ' ~ ~ _•
• ~ A G R E E M E N T
THIS AGREEMENT, mad~ and entered into this
3st day of March, I977,by and between the COUNTY OF BUTTEr a
po~itical subdzvision of the State o~ Ca~itornia, herei~a~ter
called "First Party", and McCATN ASSOCIATES, here~nafter called
„Second Par~y„ ;
W I T N E S S E T H:
That £or and in consideration of the mutual covenarz~s
herein contained, the parties here~o agree as fo7.lows:
1.. Firs~ Party p~oposes to initiate speca~al assessment
proceedings ~or ~he improvements and acquisitions to be made in
Meyers Street Assess~nent District No. ~., Coun~y of Butte, State of
Cal.i,fornia.
2. First~.Party her.eby employs Second Party as Engineer
of Wo~k fa~ the do~ng of all n~cessary enga~neer~ng work and e~e~cis-
ing a].1 0~ the ~uncta.ons provided ~or the office of Engineer o~
Work and Superintendent of Streets under the_Tmprovemen~ Ac~ of
].911. in connec~i.on writh said imp~ovements and, acquisitians to be
done in saxd Meyers Street Assessment Dis~rxct No. ~.. Said ser-~
vices sha7.1 incl.ude the following:
a. Doing of all the necessary engineering work and
exercising of al.l. functions provided for ~t~e offi.ce
of the Engineer ot Work and 5uper~ntendent of St~eets
~.n the Improvement Act o~ 131~.;
b. Preparation and furnishing o~ all. plans and spec~fica-
tions, al1 surv~ys, original drawings, maps and bZue
pri.nts; preparation of assessment roll, assessment
diagram and wa~rant and any and ~11 other services
, ~, ~'~ ., ~~ ~ ~ ~, ~ ~ ~,
~ ~;~_~~; , ~ ti y.
~ ~ ~ ~~•~~ . ~ L; .
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which may be required from the Engineer of Work unde~
the provisions af ~he Tmprovement Ac~ o~ ~911;
c. Supe~vis~fln and direction of all engineering work
required to be taken by First Party, or its o~~icers,
agents o~ empZoyees in connection w~th said work
and impxovernents;
d. Rendition of general consultation and adv~ce to
Fi~st Party, its o~~~ce~s, agents ar empZoyees with
re~ation to the handling o~ the engineer~ng pha5es
of the afo~esaid improvements; .
e. A~tendan~e at such con~erences and public meetings
with First Party as may be reasonab~y necessary to
perform ~his contract o~ employnlent.
3. For said services the said Second Par~y shall receive
~or and as provided by law the following st:ms of money:
Standard H~urly Charges, as se~ ~orth and shown on
E~ibit A attached to this Agreement, which sa~d
Exhzbit A is, by th~s re~erence, zncorporated her~~n.
4. Said fe~s hereinabove provided ~o be paid to the
Secand Pa~ty shall be payable as fallows:
a. At the time of signing the contract with the construc-
t~on contractor, ~OOo of hourly charges actually incurred
ta that da~e.
b. The balance thereof at ~he time of ~ecording the
wa~rantF diagram and assessment.
5. The compensation af S~cond Party hereinabove set
forth shall be d~term~n~d in aecordance wi~h Exhibit A attached hereto
and said sum sha~l be charged to and paid only ~rom the incidental ex-
penses fox said assessment district and from no other source or
fund except that in the event First Party does not praceed with these
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a~5~ssmen~t district prace~dings past the hea~ing o~ the Resol~tion o~
Tn~ention~ th~n First Party sha~l pay Second Party in accordanc~ wi~h said
Exhibit A from ~unds o~her than the incidenta~ exp~n5es for said assess-
ment district.
TN WITNESS WHEREOF, the parties hexeto have he~eunto sub-
scribed their names, the day and year in this agreement firs~ above
writ~en.
COUNTY OF BUTTE, a political subdivision
of the 5tate of Ca~i~orn~a
By
Chairman, Board of Sup~rvisors
ATTEST::
{~~~ J~C~
Cownty Clerk
"Fi~st Party"
McCAIN ASSOCIATES •
.By ~
"Second Party"
.
_g_
MCCAIN ,45~.a(..7LfAT~S ~9,esaa~.t~~ze
~ 5SS EASC AVEM.~ CH1CC~ C.Al.l~fKi~ ..5926
~ -~..~ COHSULTING ENGIAfEERS SiJ~t~ ~.ORS
STANDA.R~ HOURLY GHARGES
Al~ work ddne on hourly conL•racts wi~l be billed at ~wo and one-hal~
(2-].f2) ti~c~s tih~ ac~ual basic rate of pay of ~.he emp~oyees working
on the project plus appropriate i.nca.dental charges as authorized by
~he con~ract. However, in na case will ~he foll.owing Standard Hourl.y~
Charges be•exceeded:
Leve2 Classificat~.on Per Hour
A General Manager
B Deputy G~n~ral Manag~r
C Service Maz~ager
ll Project Manager
E Deputy Pzojec~ P~anager
F Par~y Ghief
G Sails Engineer
H Compu't~r
I Ex~cu~ive 5~cr~tary
M Aid r
N - Aid I~
0 Aid ~I~
P Aid IV
Q Aid V
R Aid VI
S Aid VII
T Aid V~YI
U Aid IX ~
V Aa.d X
T~ave1 .
Subsist~nce
Tel~phone
R~production .
Outside ConSUltan'ts
& ~@x'V1CE5
The ahove rates are subject
~o change without pra.or
noti.ce. Neca ~ates will app~y
on aIl work done af~er the
effective date of any rate
change. ~
EXHrBIT A
$ 37.53
30.73
~ ~ " 26.98
23.73
J.7.03
20.38
18.88
19.85
15~.13
~ 16.53
14.70
13.45
11.95
].0.43
9.70
8.88
7.90
7.23
6.43
.15/mile
Ac~.ua7, cost
Actual cost
Actual cos't
~OS$ Actual cos~
Service Charge of 1-~]./2~
per month wi1Z be adcied
to a~.~. past due acc~unt~
ov~r 30 days. Effective
annual rate 18~.
Effective Februax~y ~.5, ~4?7