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RESOLEJTIpN Np. 79-131
. RE~OLUT~ON APPROVING REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
CLARK ROAD A5SE55MENT D~STRICT NQ. 2
The Boazd of S~pervisors of the County of Bu~~e
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resolves:
This Board of 5upervisors has tak~n a sezzes a~ actions
preli.~n~na~ry ~o ordering the improvement in C~ark Road Assessment
District No. 2, County of Butte, State of Cali~ornia, and now
makes ~he fol~owing findings and orders:
I. Tk~e Baarc3 of Supervisors adapted a map 5howing the
boundaries o~ the ~and benefited by the proposed improvement. A
copy of the bo~ndary map was filed in the of~ice of ~.he County
Record~r of the County o~ Bu~te in ~he Book o~ Maps of Assessz~ent
Distri.cts.
2. T~e Board of Supervisors adopted its resolution of
intentian to order the improve~nent descz i.bed therein under the
Municipa~ Improvement Act of 1913, and a~~~~~~a CLAY
CASTL~BERRY, Direc~.or of Public Works, as the Enqineer of Work
for the assessment district, to prepare the report reguired by
Section 102Q4 af the Streets and Highways Coc~e.
The improvement is generally c7escribed as follows:
The construction of street and drainage
improvements in and along Clark Road, from
a point approximately 200 feet narth of
• Elliott Road to Bil~e Road ~ including curb
anc~ gutter, sic~ewa~k and driveways, togeth~r
wi'th a11 appurtenances ancl ~acilities.
-1- ~'~~~f,~~i~~`~'~~~~
.. .~i;. ~3 '~ « ~ a t~ G'~p
3. The Engineer of Work filed the report as di.rected,
and th~ Baard af Supervisors called a heGring on the report as
required by Section ~.0301 of ~he S~reets and Highways Coc~e.
Natice~ of the hearing was given by pub3.ication, by street postir~c~
and by mailing ~o affected property ownexs, al~ accorc3ing to the
Municipal ~mprovement Act of 1913. Af ~idavits af pub~.icatzon,
posting and mai~ing w~re ~iled with the County C~.erk.
4. At the time and place for which notice was giveh,
~.he Baard of Supervisors ~o~a~~~ea a publ ic hear ing anc3 gave
every in~erestecl person an opportunity to object to the proposed
~~provement, ~he extent of the assessment district, or the
proposed as~essm~n t.
Fol.lowing the hearing, at ~he direction o£ the Board of
Supervis4rs, the Engineer at Work filed an amended report.
- 5. The Board af Supervisors finds that wri~~en
protes~~ against ~he proposec3 impravement h~ve not been mar~e by
owners repre5enting mare than onE-half of the area of the 1.and to
be assessed for ~he imprave~nen~..
5. The documents and events described in paragraphs 1
to 4, inc].usive, are stated here in tabular ~orm, with their
dates and, where appropriate, their numbers. All documents are
now on file with th~ County C1erk.
-2-
~ocument ar Event
(a) Reso~ution approving boundary map
{b) Boundary Map fil~d with County
Recprc7er
(c) Reso~.ution of In~.ention
(d } Fil ing of Eng ineer' s Repor t
(e) Resolution accepting report ~
(~) Affidavit at publica~ion of
Notice of Improvement
{q) Certi.ficate af Mailing Notice of
Improvement
(h) Certi£icate of Pos~ing No tice of
Improvement
{i} Public Hearing Canaucted
(j) A~~~aea Eng~neer's Report ~'iled
Date Number
11/21/78 78-195
~.1/21/7 8
il/21./'78 78-1.97
5/29/79
5/29/'l9 79-96
6/12/79
6/04/79
6/11/79
7/10/79
7/1.0/79
7. The Board of Supervisars approves the Amendec3
Engineer's R~por~ and each component part af zt, including each
exhibit incorporated by reference in the report.
8. ~'he Baard o~ Sugervi.sors ~inds that th~ Engineer af
Worlc, in the. Ar~enaed Report, ha~ fazrly and pxoperly apportioned
the cost of the improvemen~ ta each parcel of land in the
assessment dis~rict in proportior~ ta the estimated b~nefits to be
received_by each parcel, respec~i~ely, fro~n ~h~ improvement. The
Boa~d o~. Supervisars hereby confirms anr3 levies each ~ndiviclual
assessment as statec~ in the Amended Engineer `s Repor~.
9. This Roard of Super~v~isors orders the improvement
d~scribed i.n paragraph 2 anc~ as aet~iiea in the P.rnenc7ed
~ngineer's R~port.
14. S~rial bonds representa.ng unpaid assessments of one
hundred fifty dollars ($1.50) or more, and bearing in~erest at a
rate na~ to exceed e~ght pe~cent (8~) per annum, will be issu~d
in the manner provi.c3ed in the Improvement Act of I911 (Paxt 5 af
Divis~.on 7, Streets and HighwaXs Code) , a.nd ti~~ lasf i.nsta~7.ment
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o~ the bands s~ail mature fourteen (~~) years £~om the s~cond day
of January next succee~ing the next September lst fo~l~owing their
date. The bonds shal~ be payable to bearer and shall include a
redemption premium o£ five percent (5$) of the unma~ured
principal.
11. According to S~ction 10603 of the Streets and
H~g~ways Code, the Board of Supervisors designafies.t~e Co~nty
Treasurer to collect and receive payment of the assessmen~s.
12. I~, on comp~etion of the improvemen~ and paymen~ of
all costs, any surp~us remains in the improvement ~und for the
assessment d istr ict, t~ie su~plus shal~. be d istr ibuted as fal lo~~s :
a. If the surp3us does nat exceea fzve percent {5~} o£
the to~al amoun~ expend~d from the impro~~men~., or 5~000,
whichever is ~ess, the s~rpl~s shal~. be transferred ta 'the
general fund of the Coun~y,
~b. ~f the surplus exceeds ~he amoun~ se~ farth in
subparag~raph a., the surpl~s shall be credited to each a~sessment
accarding to Section 1Q42?.1 of ~he Stre~~.s and Highways Coc~e.
~
*
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I HERE$Y CERTIFY that the foregoi.ng resolutzon was du~.y
anc3 regUlarly adop~.ec3 by the B~ard of Supervisors of the Coun~y
of Butte, Stafe of Ca~ifornia, at a regular meeting ~hereof,
held an '~h~ lOth c3ay of July, 1979, by the following vate,
to wi~:
p,y~~; Supervi5ors Do~.an, Moseley, W~eeler, Winston and Ch.airman Lemke
NOES:
ABS~NT:
Superv isor s None
Supervisors ~Tone
CLARK A. NELSON, C~unty CJ.~rk, ~
Ca~nty of Butte, State o~ California
' By ~
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