HomeMy WebLinkAboutReso 1989-15161 RESOLUTION NO. 15161
RESOLUTION OF TEE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA,
MAKING DECLARATION REGARDING SURPLUS
IN IMPROVEMENT FUND
WHEREAS, the CITY COUNCIL of the CITY OF CEULA VISTA, 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 and designated as
ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES 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 this 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, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1o 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 property owners within the boundaries of
the Assessment District on a pro-rata basis generally determined as
follows:
A. 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 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.
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 5o Prior to any distribution as set forth above, the lesser amount of
$1,000 or five percent (5%) of the amounts expended from the Improvement
Fund shall be transferred to the General Fund of the City.
APPROVED and ADOPTED this 11 day of July , 1989.
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST:
STATE OF CALIFORNIA
Presented by Approved as to form by
STATE OF CALIFORNIA
7OUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, JENNIE M. FULSAZ, CITY CLERK Of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY
CERTIFY that the foregoing Resolution, being Resolution No. 15161 , was duly
passed, approved and adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the reRular meeting of said City Council
held on the 11 day of 3uly , 1989, and that the same was
passed and adopted by the following vote:
AYES: COUNCIL MEMBERS Nader, Cox, Malcolm, Moore, McCandliss
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
EXECUTED this 11 day of July , 1989, at Chula Vista, California.
CI ERK
ULA VISTA
STATE OF CALIFORNIA