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2006/01/10 City Council Resolution (13)RESOLUTION NO. 2006 -15 A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF ROHNERT PARK DETERMINING ASSESSMENT DISTRICT SURPLUS AND ORDERING DISPOSITION THEREOF (PROJECT NO. 1979 -10) LAGUNA VERDE ASSESSMENT DISTRICT WHEREAS, the City Council of the City ofRohnert Park ( "City ") adopted Resolution No. 83 -106 on August 22, 1983, stating its intention to form the Laguna Verde Assessment District (Project No. 1979 -10) in accordance with the Municipal Improvement Act of 1913; and WHEREAS, the City provided for the levy of assessments and the issuance, delivery and sale of improvement bonds and making of certain acquisitions and improvements, all as described in the Resolution of Intention; and WHEREAS, all acquisitions and improvements provided for in the Proceedings have been made and all costs thereof, together with the expenses incidental thereto, have been paid and there remains in the Improvement Fund established in the Proceedings for the Assessment District the sum of $11,122.68; and WHEREAS, in accordance with Streets and Highways Code Section 10427, the City may determine that such amount is surplus and provide for its disposition in one or more of the following ways: (a) Deposit the surplus in the general fund if the surplus does not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (b) Credit the assessment district; (c) Use the surplus for maintenance of the improvements; and WHEREAS, the expenditures for this assessment district total $1,521,881.45; NOW, THEREFORE, the City Council of the City of Rohnert Park resolves as follows: 1. The $11,122.68 remaining in the improvement fund is hereby determined to be surplus within the meaning of the Act and shall be disposed of as hereinafter set forth. 2. $1,000 of such amount shall be transferred to the General Fund of this City as authorized by the Act. 884997v1 80078/0012 3 . The balance of $10,122.68 shall be transferred to a special fund designated "Laguna Verde Assessment District Maintenance Fund" for, and to be applied to, the maintenance of the improvements or any portion thereof acquired and /or constructed in the Proceedings for the Assessment District and the improvement fund shall be closed. 4. The City Clerk shall furnish certified copies of this resolution to the finance Director of the City as authority for the establishment of such special fund and the closing of the improvement fund. 5. This resolution shall take effect upon its adoption. The foregoing Resolution was duly and regularly adopted by the City Council of the City of Rohnert Park at a meeting thereof, held on the 10th day of January, 2006, by at least a majority vote, to wit: AYES: Five: - (5) Council Members Breeze, Flores, Mackenzie, Vidak- Martinez and NOES: None (0) Mayor Smith ABSTAIN: None (0) ABSENT: None (0) ATTEST: CITY OF ROHNERT PARK Approved as to form: City • mey 8849970 80078/0012