HomeMy WebLinkAbout1997-03-25; City Council; Resolution 97-407e’ * 0 0
RESOLUTION NO. 97-407
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REGARDING SURPLUS IN IMPROVEMENT FUND.
3 CARLSBAD, CALIFORNIA, MAKING DECLARATION
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WHEREAS, the City Council of the City of Carlsbad, California, has conduc
proceedings and completed construction for certain works of improvement in a spe
assessment district pursuant to the terms and provisions of the “Municipal Improvement Ac
191 3”, being Division 12 of the Streets and Highways Code of the State of California; said spe
assessment district known and designated as ASSESSMENT DISTRICT NO. 92-1 (LA C05
DOWNS) (hereinafter referred to as the “Assessment District”); and,
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10 WHEREAS, after completion of the improvements and payment of all the claims from
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Improvement Fund for said Assessment District, there remains a surplus in the lmproverr
so provided by Section 10427 of the Streets and Highways Code of the State of California. l3
Fund, and this legislative body is desirous at this time to make the disposition of said surplus
14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsb
15 California, as follows:
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SECTION 2. That the works of improvement, as set forth and described in 17
SECTION 1. That the above recitals are all true and correct.
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legislative body, and all payment has either been made or set aside for all existing or poten 19
Resolution of Intention for these proceedings, have been completed to the satisfaction of .
claims, costs and expenses.
21 SECTION 3. That all surplus monies, at this time remaining in the Improvement Fu
22 ll shall be applied as a credit or payment to property owners within the boundaries of
23 Assessment District on a pro-rata basis generally determined as follows:
A. To those who paid cash, the proportionate share of the surplus shall 24
returned in cash to the person or persons owning the property for which the payment has be
paid upon their furnishing satisfactory evidence of payment;
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B. Where any part of an individual assessment remains unpaid and is payal
in installments, the amount apportioned to each parcel shall be credited against the nl 27
28 installment or installments unpaid.
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or 4 SECTION 5. That the Treasurer shall determine the pro-rata amount each assessm
2 is entitled to receive based on the remaining surplus in the Improvement Fund.
3 SECTION 6. Prior to any distribution as set forth above, the lesser amount of $1 ,OO(
five percent (5%) of the amounts expended from the Improvement Fund shall be transferrec
the General Fund of the City.
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6 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cou
7 held on the 25th day of March , 1997 by the following vote, to wit:
8 AYES: Council Members Lewis, Finnila and Hall
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NOES: None
ABSENT: Council Members Nygaard and
CLAUDEX Ww Mw6r' -
l3 I I ATTEST:
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15 ak&d fld ALETHA L. RAUTENKkANZ, City Clerk
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(SEAL)