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HomeMy WebLinkAbout18022 - RESOLUTIONS - 1/20/1993 RESOLUTION NO. 18022 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, MAKING DECLARATION REGARDING SURPLUS IN IMPROVEMENT (FUND WHEREAS, the CITY COUNCIL of the CITY OF PALM SPRINGS, CALIFORNIA, has conducted proceedings and completed installation 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. 158 (hereinafter referred to as the "Assessment District"); and, WHEREAS, after completion of the improvements and payvnent 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 BE IT RESOLVED by the City Council of the City of Palm Springs 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 a transfer shall be made to the General Fund of the lesser of $1,000 or five percent (5%) of the total amount expended from the Improvement Fund. Section 4. That the Treasurer shall determine the pro-ratta amount each assessment is entitled to receive based on the remaining surplus in the Improvement Fund. Section 5. That all surplus monies remaining in the Improvement Fund, shall be applied as a credit to all assessments 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 and/or installments unpaid; B. Where any assessment or installment has been paid, the credit shall be returned in cash. Section 6. For particulars as to the implementation and rules regarding the credit surplus funds, reference is hereby made to Section 10427. 1 of the Streets and Highways Code of the State of California. ADOPTED THIS 20th day of January , 1993. AYES: Members Hodges, Lyons, Reller.-Spurgin, Schlendorf and Mayor Maryanov NOES; None ABSENT: None --_I ATTEST: CITY OF PALM SPRINGS(ii City Clerk Cit anager REVIEWED 9 APPROVED