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HomeMy WebLinkAbout82-52 - Improvement Fund Surplus, Assessment District No. 79-01134 RESOLUTION NO. 82-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING DECLARATION RE- GARDING SURPLUS IN IMPROVEMENT FUND FOR ASSESS- MENT DISTRICT NO. 79-01, SOUTH COAST DRIVE. WHEREAS, the City Council of the City of Costa Mesa, has conducted proceedings and completed construction for certain works of improvement in a special assessment district pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California; said special assessment district known and designated as ASSESSMENT DISTRICT NO. 79-01, SOUTH COAST DRIVE, hereinafter referred to as the "Assessment District"; and WHEREAS, after completion of the improvements and payment of all the claims from the improvement fund for said Assessment District, there remains a surplus in the improvement fund, and the legislative body is desirous at this time to make the disposition of said surplus as so provided by Section 10427 of the Streets and Highways Code of the State of California; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the works of improvement, as set forth and described in the Resolution of Intention for these proceedings, have been completed to the satisfaction of this legislative body, and all payment has either been made or set aside for all existing or potential claims, costs and expenses. SECTION 3. That all surplus monies, at this time remaining in the improvement fund, shall be applied as a credit to the assessments remaining unpaid on a pro -rata basis, or returned in cash to the person or persons paying the same, upon their furnishing satisfactory evidence of such payment, all as set forth and specified in Sec- tion 10427.1 of the Streets and Highways Code of the State of California. SECTION 4. That the Treasurer shall determine the pro -rata amount each assessment is entitled to receive based on the remaining surplus in the improvement fund. SECTION 5. Where any part of an individual assessment remains unpaid and is payable in installments, the amount apportioned to each parcel shall be credited against the next installment or installments unpaid, all as specified in Section 10427.1 of said Code. PASSED AND ADOPTED this 21st day of June, 1982. ATTEST: C41y Clerk of the ity of Costa sa Mayor of the City of Cos I a Resa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) 135 I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 82-52 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 21st day of June, 1982, and that the same was passed and adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 22nd day of June, 1982. eL " �a Cit y er an ex -officio er the City Council of the City of Co9Va Mesa