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HomeMy WebLinkAbout2004-61 - Assessment District Surplus FundsRESOLUTION NO. 2004- 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING SURPLUS IMPROVEMENT FUNDS HELD FOR ASSESSMENT DISTRICTS NOS. 60, 61, 62, 63, 64, 65, 66, AND 72 AND AUTHORIZING USE OF THE SURPLUSES WHEREAS, the City Council of the City of Newport Beach, has conducted proceedings and completed construction for certain works of improvement in special assessment districts 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 districts known and designated as Assessment District Nos. 60, 61, 62, 63, 64, 65, 66, and 72 (hereinafter referred to as the "Assessment Districts "); WHEREAS, after completion of the improvements and payment of all the claims from the Improvement Funds for said Assessment Districts, there remains a surplus in the Improvement Funds, and this legislative body is desirous at this time to make the disposition of said surplus as prescribed by Section 10427, et seq., of the Streets and Highways Code of the State of California; NOW, THEREFORE, IT IS HEREBY DETERMINED AND RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The works of improvement, as set forth and described in the resolution of intention for each of the Assessment Districts proceedings, have been completed to the satisfaction of this legislative body, and all payments have either been made or set aside for all existing or potential claims, costs and expenses. SECTION 3. The Director of Administrative Services is hereby authorized and directed to apply all surplus monies at this time remaining in the Improvement Funds as follows: A. As a credit or payment to property owners within the boundaries of the Assessment Districts on a pro -rata basis generally determined as follows: 1. To those who paid in cash, the proportionate share of the surplus shall be returned in cash to the person or persons owning the property for which the assessment or installment has been paid; 1 2. Where any part of an individual assessment remains unpaid and is payable in installments, the amount apportioned to each parcel shall be refunded in cash, used to reduce the original assessment, or both; B. To call bonds of the respective Assessment Districts; C. To pay for the maintenance of the improvements financed by the Assessment Districts; D. To a transfer to the general fund of the City, provided such transfer is the lesser amount of $1,000 or five percent (5 %) of the amounts expended from the respective Improvement Funds. The Director of Administrative Services is authorized to apply the surpluses in his discretion in any one or any combination of the uses stated above so long as each surplus is applied only with respect to its respective Assessment District. SECTION 4. This resolution shall take effect from and after its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 27th day of July, 2004, by the following vote: AYES: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols NOES: None ABSENT: None ABSTAIN: Mayor Ridgeway ATTEST: City Clerk 6 Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2004 -61 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of July, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols Noes: None Absent: None Abstain: Mayor Ridgeway IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of July, 2004. (Seal) City Clerk Newport Beach, California