HomeMy WebLinkAbout83-110 - Surplus in Improvement Fund, Harbor Gateway, Assessment District 80-128-9.
RESOLUTICN NO. 83-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, MAKING DECLARATICN
REGARDING SURPLUS IN IMROVEMENT FUND.
WHEREAS, the City Council of the City of Costa Mesa, California, 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 as: ASSESSMENT DISTRICT NO. 80-1, HARBOR GATE-
WAY, (hereinafter referred to as the "Assessment District"); and
WHEREAS, after completion of the improvements and payment of all the
claims frau the Improvement Fund for said Assessment District, there
remains a surplus in the Improvement Fund, and this Council 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, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTICN 1. That the above recitals are all true and correct.
SECTICN 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 Council, 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 or payment to property
owners within the boundaries of the Assessment District on a pro rata
basis generally determined as follows:
(a) To those who paid in cash, the proportionate share of the surplus
shall be returned in cash to the person or persons who made the
payment, upon satisfactory evidence being available that said
person made the original payment or discharge;
(b) 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.
That all credits or payments shall be made in the manner and form as
authorized by Section 10427.1 of the Streets and Highways Code of the
State of California.
SECTICN 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.
SECTICN 5. Prior to any distribution as set forth above, the lesser
amount of $1,000.00 or five percent (5%) of the amounts expended from the
Improvement Fund shall be transferred to the General Fund of the City.
PASSED AND ADOPTED this 21st day of N enter, 1983.
Mayor of the City of Costa Mesa
ATTEST:
. p
C ty Clerk of the City of Costasa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
263
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 fore-
going Resolution No. 83-110 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof, held on the 21st day
of November, 1983, and that the same was passed and adopted by the following
roll call vote:
AYES: Council Members: Hall, Johnson, Hertzog, Schafer
NOES: Council Members: None
ABSENT: Council Members: McFarland
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this 22nd day of November, 1983.
Ci Cler ex -officio Clerk of
City Council of the City of Costa