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HomeMy WebLinkAbout79-148RESQLUT~ON NO. 79-I48 RESOLUTION OF INTENTION TO ORDER TMPROVEMENT IN RANCHO DE THUNDER ASS~SSMENT DISTRZCT, BUTTE C~UNTY, CALIF4RNIA . The Soard of Supervisors of the County of Butte resolves: This Board intends to oxder the ~al,lowing impravement under the authority of the Municipal Improvement Act of 1913: Construction o~ streets, incl.uding clear~.ng, grading, pxeparation ofsub base, placing base rack~; A.C. pavzng and g~ading roadside drainage ditches; installation of undergro~nd storm dxainage pipes, inlets,;manholes, head- wa3.ls and all other appurtenances appertaining there~o. tlnde~ground u~~li~ies consisting a~ electr~.ca3., telephone and condui~ foar s~ree~ ~ighting, street mon~ments and s~reet signs; fire hydrant and water lin~ ta an existing private well; a13. ~n and along Shorthorn nriv~, Shorthorn Court and Hereford Drive within ~he boundaries af Rancho de Thunder Subdivision Un~.t No. 2. , This Board finds ~ha~ ~he land specially Yienefi~.ed by th~ improvement is shown within ~he boundaries of the map entit~.ed, "Proposed Boundaries of Rancho de Thunder Unit 2 Assessment D~stxict, Butte County~ California." This map has be~n approved by the Board and is now on ~ile with the County C].~rk. The 3.and with~,n the exterior boun.- daries shawn on the map shall be de5ignated Rancho de Thunder Assessmen~k District, Butte County, Ca~ifarnia. This Board intends to levy a special assessment upon the land within the described dist~ict in accoxdance with the special bene~it to be received by each parcel of land, respectively, fram the improvement. There.shall be omitted ~rom special assesssnent a11 public stxeets, alleys and places and all land be~anging to the United S~ates, the State o~ Cal~forna,a, and this County now in use in the perforanance of a. public function. . .: ~~_ ~~ ~~ ~ :~ ~ f° ~~ `~"5' F~ ;~. ; ~ ~'~~ ~ ~ i~ 1:§~•. E' ~:.~~~~ ~ ~ ~ F?r~S!' .<5~a s~: ~ ' 1'" . Where any dispa~i~y occurs in leve~ or size between the improvement and private pxopexty, this Baard~.determines that it is in ~he pub~ic interest and more economical tQ el.im~.nate the disparity by doing work on the private property instead o~ adjus~.ing the wox~k on p~bla.c proper~y. Acco~ding~.y, work may be done on pra.vate pxoperty for this purpose w~:th ~he written consen~ of the landowner. Serial bonds represen~ing unpaid assessments ofi.one h~ndred ~~:fty :do~.lars. ($154.00} or more, and bear.ing interest at a rat~ not to exceed e~.ght pex~cent {g$} per a.nnum, wi~.1 be issued in the manner pro- vided in the I~nprovement Act of 1911 (Par~ 5 of Davi.sion 7, Streets and Highways Code), and ~he ~.ast installment of the bonds shall mature tourteen years from the second day of January nex~ succeeding the next Sep~ember lst foll.owing their c1a~e. The bands sha1~. be payab~e to bearer and sha~.1 incl.ud~ a xedemption premitxm of five percent {5~) of th~ unmatured principal. ~n cas~ of de~ault, thexe sha~.l be added to the de~au~ted amount one percent {1~? o~ the amount thereof, and on ~he lst day of each month fol~owing such d~ta~].~ there shal~. ba added a~urther penal~y of one percent (1,~) af such defaul.ted amoun~. The one percent (1~) penalty first impased sha~l be retained by the T~easurer as a cost of ~~rvicing ~he delinquency and a~.7. subsequent penalties sha],1 be paid to the holder of th~e bond along wi~h a3nd as a par~ of such defaulted payment. This Board fa.nds that the Special Assessment Inves~igation, Limitation and Majority Protest Act o~ 193I (coznmencing with Sec~inn 2800, Streets and Highways Code} does not app~y to ~hese proceedings. -2- This Board appo~n~s CLAY CASTLEBERRY, Director ot Public Works. as Engineer of Work for ~his prajec~,. and directs the p~eparation of the report required by Sec~ion ~0204 of the Streets and Highways Code. This Baard appoints MAX ALBERT a~ project Engineer - - in accordance with~the ternts of the agreem~nt on ~ile with the County C~erk. In th~ opinion of ~his Board, the pub~ic ~nterest wiZ~ nat be served by a~lowing owners o~ assessab~e lands to enter into a contract far the work o~ impravement, as otherwise pe~mitted ~n Section ~0502.2 ~ of th~ S~reets and Highways Code. The amount of any surplus remaining in the irnpravement ~und . after co~pletian of the improvement and payin~nt of a11 claims shall be transferred to the general fund if the surp~us does not exceed the ~ess~r af one thousand doZ~ars ($I000) ar five percent (5~) of the tota~ amount expended from ~he f~nd. Otherw~se the ~ntir~ surp~us . sha~l be applied as a credi~ o~ the assessment ~s provided 3n Section ~0427>~ o~ the Streets and Highways Code. ~ * ~ I HEREBY CERT~FY that the ~ar~going resolution was da~y and regularly adopted by the Baard o~ Supervisors o~~ ~he County of Butte, Sta~e af Cali~ornia, at a regular meeting ~hereof, held on the 2~th day o~ Ju~y, 1979, by the fol~owing vote, to wit: AYES: Supervisors Dolan, Mose[ey, Whe~ler and.Chai~an .Lernke ~~~ ~ ~ __r` NOES: Su ervisors None ABSENT: SuperVisOr~ Winafon ~ CLARK A. NELSON, County C~erk, County o~ Bu~ e, Ca~.~fo~nia By - 3-