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Home My WebLink About78-197RESOI,UTION ~0. 78-197 R~SOLUTION 0~ INTENTI4N TO ORDER IMPROVEMENT ~N CLARK ROAD ASSESST'lENT DISTRICT N0. 2 The Board of Supervisors of the Caun~y o~ Butte resol~es: This Board intends to order tl~e following improvement under the authority of ~.he Municipal Improvement Act af 1913: The cons~ruction of stree~ and drainage improve~ents in and alang Clark Road, from a point approximately 200 f~~t north of E1liott Raad to Bille Roaa, including curb and gu~ter, sidewalk and driveways, tagether with a11 appurte~ances and faci~i.ties. Thi~ Boa~d ~inds that the lanc~ specially benefited by the improvement is shown within the baundaries of the map enti~led, "Proposed Boundaries af C~ark Road Assessmenr District No. 2, County of But~e, S~ate of Cali~ornia." This map has been approved ~by the~Board and is now on fil~ wi.th the County Cierk. The .~.and w%thin the ~xteriar boundazies shown on the mag shal~. be designa~ed Clark Road Assessmen~ ~istrict No. 2, County of Bu~te. State af California. This Boarc~ intends to levy a speczal assessment ~pon the land within the described district in accordance with the special ben~fit ~.o be r~ceived by each parcel of 3.anc3, ,~ . respec~ively. from the improv~ment. Th~re sha11 be omitted fram special assessm~nt al~ publ~.c s~reets, alieys anc~ p~:aces and al~ 1.and beZonging to the t3ni~ed Sta~.es, the S~ate af Ca~i.forni.a, ;and this County now in use in the performance of a publ~,c function.- Wh~:re any c3ispari'~y occurs a.n leve~ ar size between the :~ . ~, ~'~ ~~~~ ' .• ~_~ .~ -1- improvement and privat~ property, this Boar~ det~rmines that it is in the pub~ic interest and more economical to ~liminate the disparity by doi~g work on the pri~ate propezty ins~ea~ of adjusting the work on pu~lic praperty. Accordingly, work may be don~ an private property for ~his purpase wi~h ~he writ~en. consent of the Zandowner. Serial bonds representing unpaid assessments o~ fifty do~lars {$50) or more, and bearing interest at a rate nat to ~ exceed eight percent (8~~ per annum, wil~ be issue~ in ~he manner provided in the I~provement Act of 191~ (~ar~ 5 of Division 7, Streets and Highways Code), an~ the last ins~allmen~ of the bands shall ma~ure fourteen (14) years from the second day of January next succeeding the next Sep~ember 1st fol~owing their ~ate. The bonds sha~I be payable ~a bearer and shall ~nclu~e a redemption premium of five percent (5~) of ~ne unmatured principal. In case of default, there shall be adde~ to the defau~ted amaunt one percent (1~3 of the amount tnereof, and on the lst day of each manth following such de~aul~ there shall be added a further p~nalty af one percent (1$) of such de~aul~ed ar-ount. The one percent (1~) penalty firs~ impose~ shal~ be retai~ed by the Treasurer as a cost vf servacing the delinquency --2- and a~l subs~quent penalties shall be pa~d to the holder o~ the band along w~th and as a part o~ such defau~ted payment. This Board appoints CLAY CASTL~BERRY, D~rector of ~ublic Works as Engineer of Work for this project, and directs th~ prepara- tion of the repo~t requized by Section 102p4 of the Streets and H~ghways Code. This Boa~d appoints COOK ASSOCIATES ENGINEERING CONSULTANTS as Project Engineer in accordance with the terms of a letter of agraement on file with the County C~ark~(County Purchase Order No. 26905), ~n the opinion of this Board, the public interest wil~ not b~ served by allowing owners of assessable lands to ~n~er ~ into a contract for the work of improvement, as otherwise permit~ed in Section 10502.Z of the S~reets and Highways Co~e. The amount of any surplus remaining in the improvement funa after completion o~ the i~provement and payment of ai~ claims sha1Z be transferred to ~he general fund i~ the surp~u~ does not excee~ the lesser o~ one thousand dollars ($~OUO) o~ five percent (5~) of the tota~ amoun~ expend~d from the ~und. O~hexwise the entire surplus shall be applied as a credit on ~he assessment as provided in Sec~~on ~0427.1 0~ th~ S~ree~s and ~ ~ighways Code. * * ~ -3- ---- -_ _ _ ._ . _ _..._.__.. _ .._.__. - - .. _ __. _ . _ ._ . _.._ , ._ _ _..... ... _ ~ ~ _ ~ HEREBY CERTIFY that ~he foregoing resolution was duly and regularly adopted by ~he Baard of Svpervisors of the County ot Butte, State of California, at a regu~ar meeting ~hereo~, held on the 21st day of.Nov~mb~r, ~9?8, by the following vote, ~o wit: AYES : ' Supervisors I,emk d' n Mo e~.e nd Ch i~m n W'nstan NOES: Supervisors None ABSENT: Supervasors R~.chter - CLARK A. NELSON, County Clerk, Coun~y of Butte, State of California By `-xCw /~ ~'t , ~ !"` . ~M -4-