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HomeMy WebLinkAbout80-165RES~LUTION NO. gp_~6~ RESOLUTION A~~'ROV~NG REPORT AND ASSESSMENT AND ORDERZNG IMPROVEMENTS Sacramenta Avenue AssessmEnt District No. 1 The B'oard of Supervisors of the County o~ Butte xesolves: This Board has taken a s~ri~s of actions pr~limz.nary to a~- dering the improvements in Sacramento Avenue ASSessm~nt District No. 1, But~e County, California, and naw makes ~he fol.law~ng findinqs and orders: l, The Board o~ 5upe~visors adop~ed.a map showing ~he boun- dazies af the land benefited by ~he proposed improvement. A copy of ~he boundary map was fa.led .in the of~ice of the County Recorder of the County of But~e in ~he Book of Maps of Assessment Di.stric~s. 2. The Board o~ Supervisors adopted its resolutio~ of ~nten-~ tion to order the improvement described therein under the Municipal Impx'ovement Act of 1913, and di.~ec~ed McCAIN ASSOCIATES as Engineer of Work ~or the assessment district, to prepare the ~epart required by Section I02Q~ vf ~he Stzeets and Ha.ghways Code. The improvement is general~.y described as ~ollows: Canstructian of storm d~ainage ~aca,l~~ies, including drop inlets, manho~es, underground pip~s, sediment traps and oil traps and appur~enant items in State Rout~ 32, West Sacraz~ezxto Avenue, Coleambus Avenue and Oaklawn A~v'enue, and in storm d~ainage easements. ~ 3. The Engineer of Work ~i~.ed the r~port as directed and th~ Board o~ Supervisors c~iiea a hearing an ~he repor~ as requ.~~ed by Sec~ian 10301 of ~he Streets and Highways Code. Notice af ~he hearing was given by publication, by street posting, and by mai].ing to affec~ed -1.- O~~~ll~[n~~ property owners, ali according to ~he M~nicipal Improvement Act of ~913. Affidavits o~ publicat~on, post~ng and mai~ing were filed by the County Cle~k. 4. At the ta.me and place fax which notice was gzven, the Board of Supervisors conducted a public hearing and gave every interested persan an opport~nity ~o object to the praposed improvement, the extent of the ass~ssment dist~ict, or the praposed assessment. Following the hear~nq, at the direction of the Board of Sup~r- visvrs, the Eng~neer of ~ork ~iled an ~mended Report, 5. The Board of Superviso~s finds ~hat w~itten protests aga~nst the proposed improvement have not been made by owners represen~ing mare than one~half of the area of the land to be assessed for'~.the ~mprove- ment. 5. ~The documents and even~s described in paragraphs 1 ta 4, incluszvE, are s~ated here in tabular ~orm, with the~r dates and, where appropriate, the3r number. A11 doc~rnents axe now on ~ile with the County C~erk. Document or Event a. ResoZution approv~.ng boundary map b. Boundary Map filed with County Recozder c. Resolution o~ Inten~ion d, Fi3.ing of Engineer's Report e. Resol.ution accep~.ing R~port ~. Affidavi~ of pub].ication, of Natice af Improvement ,g. Certificate o~ mai~ing Not~c~ of I~provement h. Cer~ificate of posting No~~.ce of Iznprovement i. Pub~ic Hearing Conducted j. Amended Engineer's Report filed Da te 5/13/80 5/29/80 5/27/80 5/27/80 5/27/Sd 5/3/80 & 6/9/8~ 6/4/$0 6/9/80 7/1/80 7/1/80 Number 80-106 $0-~19 80-121. 7. The Board of Supervisors approves the Amended Engineer's Report and each companent part o~ it, inc~.uding each exhibit incorpoxa~ed -2- by xeference in the report. 8. The Board of Supervisars fznds that the Engineer of Work, in the Amended Repa~t, has ~airly and properly apportioned the cost of the improvement to each parc~l of land a~ the assessmen~ district in propartion ~o the estimated benefzts to be received by each parcel, respective~y, fxom ~he improvement. The Board o~ Supe~vzsors hereby conf~rms and levies each individual assessment as stated in the Amended Engine~r's Report. 9. Th~s Baard o~ S~pervisors orders the ~mprovement descr~bed in Paragraph 2 and as detaixed.in the Amended Eng~n~er's Report. 10. Seria~ bonds representing unpa~d assessmen~s of One xunaxea Fifty Dollars ($~50.00) or moxe, and bearing inter~st at a rate not to exceed ten pezcent (ld~) per annum, will be issued in ~he manner provided in the Improvement Act of 191I (Pazt 5 of Division 7, S~r~ets and High- ways Code}, and ~he last installmen~ of the bands shall matuze faur.teen (14) years from the second day of January next succeeding the ~ext Sep- tember ~st £o~~owzng their date. The bonds shal~ be payable to bearer and shall ~nclud~ a~edemption premium of five percent {50) o~ ~he un- mat~red pr~ncipal. ~~. Accarding ~o Section 10603 of the S~ree~s and Highways Code, the Board ot S~pervisors designates the County Treasurer to co~lect and receive paymen~ of ~he assessments. 12. I~, on completion af the improvement and payment of a~l costs, a~y surplus remains in the i~provemen~ fund for the assessment district, ~he surplus shal~ be distributed as fo~laws: a. Tf ~he surp~us does not exce~d £ive percent (5~) of th~ total amount expended from the Improvem~n~, or $1000, wh~chever is -3- less, th~ surplus shall be transferred to the general fund o~ ~he Coun~y. b_ Tf the surplus exce~ds ~he amaunt set forth in subpara- graph a, the surplus shali be credited ta each assessment according to Section ~0427.1 of the Streets and Hzghways Code. ~ ~ ~ I HEREBY CER~~FY that the foregaing reso~ution was du~y and regularly adopted by the Board of Supervisors af the County of Butte, Sta~e o~ California, at a reguiar meeting thereof, he~d on th~ ~9~~ day of J~ly, 1980. AYES: Stxperv'iso~'s bolan, MoseZey, Whee].er and Winston NOES : Superviso~s Zemke ABSENT: Supervisors None CLARK A. NELSON, County C1.erk, Butte County, ~.ifornia -a-