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HomeMy WebLinkAbout94-102 - ResolutionsRESOLUTION NO. 94-102 A RESOLUi~ON OF THE CITY OOL~CIL OF ~HE CITY OF RANCHO ~REAS, the CITY ~ of the CITY OF RANCHO ~, works of i~ in a special a~m~nt district pursuant to the terms and Ix~visio~s of the '~amicipal ~ Act of 1913", being Division 12 of the Streets and Highways Code of the State of California; said special a~m~nmt district known and designated as ASS~S%~ DISTRICT NO. 89-1 (hereinafter referred to as the "A~nt District"); and, ~REAS, after c~mpletion of the i~ and payment or setting aside of funds for all of the claims from the Improvement Fund for said A~m~nt 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 Oode of the State of California. NOW, THEREFORE, the City Council of the City of Rancho Cucam0~ga does hereby resolveas follc~s: S~CTION 1. That the above recitals are all true and correct. S~CION 2. ~hat the works of improvement, as set fox~h and described in the Resolution of Intention for these prooeed//zjs, have bee~_-n 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. S~/fION 3. Prior to any distribution as set forth above, the lesser amount of $1,000 or five percent (5%) of the amounts expended frc~ the Improv~¥~nt Fund shall be transferred to the General Fund of the City. S~L~ION 4. ~nat all other surplus monies, at this time re~aining in the Improwm~t Fund, shall be applied as a credit or payment to property cwners 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 c~ 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 a.~e~nt remains unpaid and is payable in installments, the amount apporti _om~d___ 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 formas authorized by Section 10427.1 of the Streets and Highways Code of the State of California. Resolution No. 94-102 Page2 SECTIO~ 5. That the Treasurer shall determine the p~o-rata amount each assessment is entitled to reoeive based on the rema'n%ing surplus in the PAS67~, ~, and ADO~ this 1st day of June, 1994. Alexander, Buquet, Gutierrez, Williams NOES: None ABSf~T: Stout I, Df]H~A J. ADAMS, CITY ~RRK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City (kx=~il of the City of Rancho O~mo~ga, Califcxnia, at a regular meeting of said City Oouncil held on the 1st day of June, 1994. Executed this 2rid day of June, 1994, at Rancho Cucamonga, California.