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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 -1- :~~x~; :: , ~ ~ ~~#~~~~~~~~~ ~ ~ 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. -2- 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. ~ __.. _ _ - ~ * 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 -3-