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HomeMy WebLinkAbout83-080RESOLUTION GRANTING JURISDICTION COPLEY ACRES SEWER A$SESSMENT A~STRICT NORTH BURBANK PUBLIC UTILIT3C DISTRICT, BUTTE COUNTY, CALIFORNIA The Board of Supervisors o€ the County of Butte zesolves: Pursuant to Section 1-1-3 of the 5treets and FIighways Code (Municipal',Tmprovement Act of 1913), the North Surbank Public IItility District has submitted to this Board a proposed Resolution of Tntention to order improvements and levy special assessments withfn a speciai assessment"di5trict to be known as the Copley Acres Sewer Assessment DiStrict, North Burbank Pub].ic Uti7.ity District, Butte County, California, together w~.th an adopted boundary map of the pxoposed a5sessment district. A portion of the land to be assessed lies within the territory of this County. ' district a copy of North Bur Board of hereafter mation of assessmen ment of b shall be ' Quality A~ statute. his County hereby consent5 to the formation of this assessment d to the work described in the proposed Resolution of Snte;.tion, hich is attached to this resolution as Exhibit A. his County consen~.s to ~he assumption of jurisdic~ion by the nk Public UtiZity District, with the understanding that the rectors of the North Burbank Public Utility District may ake each and every step required for or suitable for consum- he work and the levying, collecting and enforcement o~ the to cover the expenses thereoP~ and the issuance and enforce- ds to represent unpa9.d assessments. his County agze~s that the North Burbank Public Utility District e"Zead agency" as defined in the California Environmental for the purpose of complying with the requirements of that iThe County Clerk is authorized and directed to deliver a certi£iedlcopy of this resolution to the District Clerk of the North Burbank Public Utility Distxict. "~,I HEREBY CERTTFX that the foregoing resoluton was duly and regularly '~',adopted by the Boaxd of Supervisors of the County of Butte, State of California, at a regular meeting thereof, held on the 17th day of May, 1983, by the £ol~owing vote, to wi~: AYE5: Superivsors Fulton, Mose~ey, Saraceni, Wheeler and Chair polan NOE5: ABSENT: None ~ ~ 3TiNE DOLAN, Chair Butt County Board of Supervisors ATTEST: LEANOR M. SECKER, County Clerk nd ex-oPfi Clerk of the utte CRu~oard of Supervisors By: RESOLUTION N0. RESOLUTION ~F TNTENTION TO ORDER IMPROVEMENT ZN THE COPLEY ACRES SEWER ASSESSMENT bTSTRICT, NbRTH~BURBANK PiJBLTC UTILITY DTSTRTCT, Bi3TTE COUNTY, CALIFORNIA T~e Baard of 17irec~ors o~ the North Burbank Public Utili.ty Di!strict resolves: This Board intends ta order ~he ~ollawing improvement under the 'authority of the Munica.pal Improvemen~ Act o£ 1913: TY~e extensi.on o£ North Burf~ank Pub~ic Utili~y Distrzct "'sanitary sewer mains and appur~enances ~~hroughou~ Copley Acres Subdivi~sion Unit ~., and the ins~al3.ation o~ sanitary sewer ser~rice la~era~s to wi~hin eaclz ~.ot of sa~d subdivision not presen~~.y having access to 'sanitary sewer service faciliti~s. This Boarc~ finds t~at ~.he land sp~cial~y benefited by the i~nprov;ement i.s shown within ~he boundaries of ~he map entitled, "Proposed Boundaries o~ Copley Acres Sewer Assessmen~ District, North ~urbank Public Utz~.ity Dis~rict, Caunty .of r3utte, Sta~e ot Cali.fornia." This map has been approved by ~he Board o~ Directors and is now an fil.e with the Distr~.c~ Clerk. The land within the exterior bounc~aries shown on the map shall be designated the Capley Acres SEwer Assessmen~ Distric~, Nor~h Bur~bank Publi.c Utili~y ~is~rict, Bu~te Coun~y, Cali.fornia. 'This Boazci i.ntend5 ~0 1.evy a special assessmen~ upon ~.1`~e ].and wi~hin the described da~strict in accordanee wa.th th~ spec~al benEfit to be received by each parcel o~' lanc~, respective3.y, from the i~€npravement. There shal~ be omitted ~ram spec~al a5sessment all public streets, alleys and places ar,d all land be~onging to ~.he United States, the State of Ca~i£ornia, ~lie County o~ Butte and this Pub~ic U~i~ity Distr.ict now in use ~~~~~~~ ~ in the per'formance o~ a gub~ic function, Where any disparity o.ccurs in leve~ or size between ~he improvement and pr~vate property,~~his Board de~ermines that it is in the public interes~ and more economical ~o eliminate ~ne disparity by doing wark on the private property inst~ad o~ adjusting 'the work on public property. Accordingly, work may be dane on pr'ivate property for this pu~pos~ with the writte~ consent of ~he landowner. 'Serial bands representxng unpaid assess~ments, and b~aring interest at a ra~e na~ to exceed ~weZve percent {~2~y per annum,`' wi~l be ~ss~ed in the manner provided by the Improvement Bon~ Act af ~9~5 (Division 10, Streets and Highways Code), and the Zast insta~~ment of ~he bonds shall mature fourteen ('14) years from ~he second day of July next succeeding ten {~Q) months from ~heir date. - This Board finds that the Sp~cial Assessmen~ ' Investigation, Limitation and Majority Protest Act of 1931 {commencing wi~h Sec~ion 2800, Stree~s and Highways Code) does not app~y'to these proc~edings. ~ imhis Board appaints Graves-Barnhart-Srawn as . Enqineer o~ Wozk for this project, and d~rects af the report required by 5ec~ion 10204 of the Highways Code. !In tkze opinion o~' this Board, the pu; not be served by a1].owing owners of assessabl.e in~.o a contrac~ for ~.he work of improvement as ~he prepara~ion Stree~s and ~Iic ~.nteres~ wi11 lands ~o enter otherwise pE~mi'tted'in 5ectian 10502.2 of the 5tree~s and Highways Code. 2 T~e amount of any surp~us remaining in the improvernent fund after;, completion of ~h~ improvement and payment o~ all clai~s shal~ b~ ~ransferred to the ge~eral fund i~ ~he surplus does no~ exceed the lesser of one t~ousand aal~ars ($~00~) or five pezce'n~ (S~) of the total amount expended ~~om the f~nd. Otherwise"~he entire surp~us shall be applied as a credit on the assessmen~ as provided in 5~ction ~0~27.1 of the S~reets and Hignways Code. ~ ~ I HEREBY CERTxFY that the foregoing resolution was du3.y anc3 regu~arly ,adopt~cl by the Board of Di~ectors of the North Burbank public U~i~ity Dis~ric~ a~ a r~gular meeting thereof, h~~d on the day of 1983, by the fallowing vote, to wa.~: AYES: Directors NOES: Direetors ABSENT: Dxxectors NOR~H BURBANK PUBL~C UTILITY DISTRTCT By PresYdent ATTEST: D:~str i.ct r 3