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HomeMy WebLinkAbout80-106RESOLUTION NO. 80-106 RESOLUTION APPROVZNG BOUNDARY MAP 5acramento Avenue Assessment Da.st~ict No. I ~ The Board of 5uperv~.sors ~~ ~he County of Butte resolves: A map entit~.ed "Proposed Boundarzes o~ the Sacra~nenta Avenue Assessment District No. Z, County o£ Butte, State of Californ~a" has been f~.led with the County C~erk. This Baard approves the map and adopts the boundaries shown an the map as describing the extent of the territory incl:uded in a proposed assessrr-ent distra.ct to be known as Sacra~r-en~o Avenue Assessment Distri.ct No. 1, Butte County, California. This Board finds that the map is in the ~orm and contains the matters prescribed by Section 3~10 of ~he Ca1~.fornia S~reets and Highways Code. This Board directs the County Clerk to certi~y the adop~ion of th~.s resolution on the face of ~he map. ~ ~ ~ ~ HEREBY CERTTFY that thE taregoing resal~.tion was duly and regularly adopted by ~he Board of Supervisors of the County of Butte, State of California, at a regulaz meet~nq th~~eaf, hel.d on ~he 13th day of May, 1980. AYES: Supervisors Dol.an Mosele Wt~zeeler and C~-airman Lemke NOES: Supe~"visor's None ABSENT: Supervisoxs Winstan CLARK A. NELSON, County Cl.erk, Butte ou , Ca~ifor ' F ,:,, ;; .r .~ ~, ~ "~ • : ::• ;; ~_, ~ ~'~~~~~u~~~~ ~~~. ._. ~ ~ ~ ~. RES4LL1'I`~ON N0. RESOLUT~ON OF INTENTION TO ORDER ~MPROVEMENT~ ~N SACRAMENTO AVENUE ASSE55MENT DISTRICT N~. 1, BUTTE COUNTY CA.LTFORN~A The Board of Supervisors of Butte County reso~.ves: This Board intends to order the ~ollowing improverr~ent under the authority o~ the Municipal Improvement Act of 1913: Construction of storm drainage faci3.ities, including drop in~.ets, manho7.e5, underground pipes, sed,unent traps and oil traps and appurtenant items in State Route 32, West Sacra- mento Avenue, Co].umbus Avenue and Oak~awn Avenue, and in storm drainage eas~nents. This Board finds that the ~and specially benefited by the im- provement i.s shown within the boundaries of the map entitled, "Propased Boundaries of the Sacramento Avenue Assessment Di~tr~,ct No. I., Coun~y of Butte, State of Cal.ifornia." This inap nas been approved by the Board and is now on fzle with the Cov.nty Clerk. '£he land within the exteri.a~ boundaries shown on the map shall be designated Sacramento Av~nue Assess- ment District No. 7., Butte County, California, This Board intends to ~evy a special. assessment upon the land within the described dist~ict in accordance with the speeial benefa.t to be received by each parcel of land, respectively, ~roFn the improvement. The=e shall be vmitted from special assessment all publ~.c s~reets, al~.eys and p~aces and all ~.and be~.ongi~g to the Una.ted States, the State af California- ~nd this County now in use in the per~o~mance af a publ.ic functian. Whe~e any dispari~y occurs in level or size betwe~n the ~.m- provement and private property, this Board determines that it is ~.n the pub~ic interest and more economical to eliminate ~he disparity by -~- :. ~ . doing work on the private praperty instead o~ adjusting th~ work an pub~ic property. According~y, work may be done on private property far this purpose with the written consent af the landowner. Serial bands representing unpaid assessments af One Hundred Fitty Dollars ($150.00) or more, and bearing inter~st at a rate nat to exceed ten percent {1Q~) per annum, wil~ be issued in the manner pro- vided in the Improve~ent Act of 19~i (Par~ 5 of Division 7, Str~ets and Highways Code), and the ~ast installment of the bands shal~ mature fourteen (14) years from ~he second day of January next succeeding the nex~ 5eptember lst following their da~e. The bonds shall be pay- able to bearer and shall include a redempt~on p~emium of five percent (5~) of the unmatured principal. In case of default, there shall be added to the defaul~ed amount one percent (1$) of the amaunt thereof, and on the lst day of each month ~ol~owing such default there shall be added a furth~r penalty of one percent (l~) of such detaulted amount. The one percent (l~? p~nalty first imposed shall be retained by the Treasurer as a cost of servici~g the delinquency and all subsequent penalties shal~ be paid to the ho~der of the band alang with and as a part af such d~~aulted payment.~ This Baard finds that the Speeial Assassment Investiga~ion, Limitation and Majority Protes~ Act of 1931 (commencing with Section 2$00, 5treets and Highways Code) does not apply to these proceedings. This Board appoints McCain Associates as Engineer of Work for this project, and directs the preparation of the report as required by Section 10204 of ~he St~eets and Highways Code. -2- In the opinian of this Board, the public interest will not be served by al~owing the owners of assessable lands to enter into a contract for the work of improvements, as otherwise perm~tted in Section 10502.2 of the Streets and Highways Code. The amount of any surplus remaining in the improvement fund after comgletion of the improveinent and payment of all claims shaZl be transferred to the genera~ fund if the surp~us does not exceed the lesser of One Thousand Do~iars ($1pOd) ar ~~ve percent {5~) of the to~a1 amount expended from th~ fund. Otherwise the entire surplus shaZl be applied as a cr~dit on the assessment as provided in Section 10~27.1 of the S~reets and Highways Code. This Board intends to enter into an agreement with the State of California, Departznent of Transportation, under the provisians ~ of Sec~ion ~~I10 af the.Streets and Highways Code, inasmuch as certain faci~ities included in the improvement are ta be under its ownership, management and contro2. * * * ~ HEREBY CERTIFY that the foregoing resolut~.on was du].y and regularly adapted by the Board o£ 5upervisors of the Coun~y of But~e, State of California, a~ a meeting thereof, held on the day of , 1980. AYES: Supervisors NOES: Supervi~ors ABSENT: Supervisors CLARK A. NELSON, Coun~y Clerk, Butte Co~nty, Ca1.a.farnia -3--