HomeMy WebLinkAbout80-119RESOLUT~ON N0. $p-~ 19
RESOLUTION OF ZNTENTION TQ ORDER IMPROVEMENTS TN
SACRAMENTO AVENUE ASSESSMENT D~STRTCT N0. l, BUTTE
COUNTY, CALIFORNTA
The Bdard of Supervisars of Butte County resolves:
Tha.s Board intends to ordex the fol.lowing improvement
under the autharity of the Municipal Tmpravement Act of 1913:
Construction o~ storm drainage facil~ties, inc~.uding drop
a.nlets, manho].es, underground pipes, sediinent traps and oi1
traps and appurtenant items in State Route 32, West Sacra-
mento Avenue, Columbus Avenue and Oak~.awn Avenue, and in
storm drainage easements.
This Board finds that the land specially bene~ited by the im-
provement is shown within the boundaries o~ ~he map enta.t~ed, "Proposed
Boundaries of the Sacramento Avenue Assessment District No. l, County of
Bu~te, State o~ Californa.a." This map has been approved by the Board
and is now an file wi~h the County C~.erk. The land within the exterior
boundari~s shown on the map sha11. be designated Sacza~ento Avenu~ Assess-
rnent District Na. 1., Butte County, Californa.a.
This Board i,ntends to levy a special assessment upon the
land within the described distric~ in accordance with ~he special benefit
to be received by each parcel of 1and, respectively, f~om the improvement.
There shall be omitted ~rom speci.al ass~ssment all public streets, a~leys
and places and a].1 land belonging to the United States, the State of
Calitorn~.a, and this County now in use i.n the per~ormance of a publ.ic
functian.
Where any disparity occu~'s in level or sxze between ~he im-
provement and pri.vate proper~y, this Board determines that it is ~n
~he pubiic a.nterest and more econom~cal to eliminate the disparity by
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doing work on the private property instead of adjustinq the work on
pub~ic property. Accardingly, work may be done on private property fo~
this purpose with ~h~ written cansent o~ the landowner.
Serial bonds representing unpaid assessmen~s of One Hundred
Fif~y Dollars ($150.00) or more, and bearing intarest at a~a~e not to
exceed ten percent {10~) per annum, will be issued in the manner pro-
vided in the Improvement Act of 1911 (Part 5 0~ ~ivision 7, 5~reets
and Highways Code), and the last instaZlmant of~the bonds sha~l matu~e
f~urteen (~4) yeazs fxom the second day of January next succeeding
the next Sep~emb~r lst ~ollowing their date. The bonds shall be pay-
able to bearer and shall inc~ude a redemp~ian prem~u~- of ~ive percent
(5~) of the unmatured p~incipal.
In case of d~fault, there shal~, be added to the defaulted
amount one percen~ (la) of the amount thereof, and on the lst
day o~ each month following such default there shall be added a
further penalty of one percent {lo) of such defaulted amount. The ane
percent (~.a) penalty first imposed sha11 be reta~.ned by the Treasurer
as a cost of servicing the delinquency and a~.l subsequent pena].t~es
shall be paid to the holder af the bond along with and as a pa~t o~
such defaulted payment.
This Board finds that the Spec~a~ Assessment Investigation,
Limitation and Majori~y Protest Act of ~.93i (carnmencing with Section
2804, 5treets and Highways Code) do~s not apply to these proceedings.
This Board appoints McCaa.n Assaciate~ as En,gineer of Work
for this project, and directs the prepara~ion af the report as requi~ed
by Sectian 1020~ o~ the St~eets and Highways Code.
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In the opinian af this ~aard, the pubZic interest will not
be served by allowing the owners of assessable lands to enter into
a contract for the work af impravements, as otherwise perznitted in
Section 10502.2 of the S~reets and Highways Code.
The amount o~ any surplus remaining in the improvement ~und
a~ter completion of ~h~ improvemen~ and payment of a~l claims sha11
be ~ransferred to the general fund if the surplus does not exceed
the l~sser of One Thousand DoZlars ($1d00) tir ~ive percen~ (5~) af
the total amount expended ~rom the fund. O~herw~se the.entire surp~us
sha~~ be app~ied as a credit an the assessment as prov~ded in Section
10427.1 of the Streets and Highways Code.
This Board has entered into an agreement with the
State of Californ~a, Department of Transportat~on, under th~ provisions
of Sectio.n 10~10 af the ~treets and Highways Code, inasmuch as certain
faciliti~s included in the improvement are to be under its ownership,
management and control.
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I HERE~Y CERTIFY tha~ the ~aregoing reso~.ution was duly and
regu~.arly adopted by the Board of Supervisors of th~ Caunty of Bu~.te,
Sta~te of Californ~a, at a regu~.ar meeting ~hereof, he~.d on ~he 27th
day o~ May, 1980.
AYES: Supervisors pni~n_ Mnselev. Wh ,ele-~^ nd Chairman l_emke . __ _
N4E5: Supervisors_~i e ,,,_, ___. ,_ -_-__
ABSENT: Supervisors Win5ton
CLARK A. NELSON, County Clerk,
Count~ of~utte, Sta~e of Cal.ifornia
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