2006/01/10 City Council Resolution (12)RESOLUTION NO. 2006 -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROHNERT PARK
DETERMINING ASSESSMENT DISTRICT SURPLUS AND ORDERING
DISPOSITION THEREOF
(PROJECT NO. 1977 -04)
TRANSPORT AVENUE EXTENSION ASSESSMENT DISTRICT
WHEREAS, the City Council of the City of Rohnert Park ( "City ") adopted
Resolution No. 78-74 on May 22, 1978, stating its intention to form the Transport
Avenue Extension Assessment District (Project No. 1977 -04) in accordance with the
Municipal Improvement Act of 1911; 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 $29,487.98; 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 fi-om 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 $1,275,422.74;
NOW, THEREFORE, the City Council of the City of Rohnert Park resolves as
follows:
1. The $29,487.98 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.
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3. The balance of $28,487.98 shall be transferred to a special fund designated
"Transport Avenue Extension 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 l0a' 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)
OF ROHNERT PARK.
- CERTIFIED
Approved as to form:
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Citv Attornev
877532v1 80078/0012