HomeMy WebLinkAboutResolution - City Council - 79-343 - 1979-08-211°! S D
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RESOLUTION NO. 79 - 343
RESOLUTION AUTHORIZING PAYMENT TO FRESNO
METROPOLITAN FLOOD CONTROL DISTRICT;
TRANSFERRING UNUSED CONTRIBUTIONS HERETOFORE
MADE BY THE CITY OF FRESNO TO IMPROVEMENT
DISTRICT FUND; DETERMINATION OF AMOUNT OF
SURPLUS IN IMPROVEMENT FUND BY REASON OF THE
ASSESSMENT IN THE MATTER OF CITY OF FRESNO
ASSESSMENT DISTRICT NO 57
RESOLVED, by the Council of the City of Fresno,
California, that;
WHEREAS, on July 21, 1973, the Council of the
City of Fresno, Fresno County, California, pursuant
to -the provi s ions of the Municipal- Improvement Act of
1913, as amended, adopted its Resolution of Intention
No. 73--319 for the acquisition and construction: of public
improvements as described in said Resolutioon and
WHEREAS, all of the work of improvement ordered
to be done and made in the proceedings relating to City
of Fresno Assessment District No. 57 has been completed;
and _
WHEREAS, Exhibit `tA" attached hereto and incorporated
herein by reference and entitled., "Summary,of ,Surplus,
as reported by the Treasurer of the City of 'Fresno
sets forth the amounts as finally paid,for acquisitions,
work, and improvements, and the costs and expenses inc--
dental thereto, as to said Assessment District., both
with reference to Phase I, Construction of "orm Drainage
Facilities, and Phase II, the Construction of Street
Improvements; and
WHEREAS, said Summary of Surplus attached hereto
provides for a r ' edit to Assessment Parcel. No. 263 by
reason of work which was erroneously assessed to said
parcel, said work deleted being in the sure of 175.68
that said sum hasp heretofore been paid and credited
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to said Assessment Parcel No. 263; that said credit
as heretoforemade for said deleted work: should be and
is hereby ratified; and
WHEREAS, there are unused funds in the Improvement
District Fund of said Assessment District in the total
- sum of $ 93 , 616.15 ; and
WHEREAS, the City of Fresno made contributions
in the total sum of $524,63+6.49 for Phase I and Phase II
acquisitions, work, and improvements and 'costs and expenses
incidental thereto which were chargeable to the City
of Fresno in said Assessment District proceedings; and
WHEREAS, the City of Fresno entered into an agreement
with the Fresno Metropolitan Flood Control District
on May 2, 1973, covering Phase I Construction of Drainage
Facilities to be performed as a part of said Assessment
District; that said agreement and said Resolution of
Intention No. 73--319 provided for payment from the Improve-
ment District Fund to said District of the cost of Phase I
inspection services as provided. by District in said
_ Improvement District; that the cost of Phase I inspection
services as provided by said District has not been paid,
and the sum of $7,274.72 for said services as performed
should be paid from said unused funds to the Fresno
Metropolitan. Flood Control District; and
WHEREAS, the final total project cost for such
work chargeable to the City of Fresno is in the sum
of $456 , 307.70, leaving unused contributions in. said
Improvement District Fund in. the "sum of $68 , 328.79 as
related to such work chargeable to the City of Fresno
that said unused contributions result from the fact
that the City of Fresno has not heretofore billed said
Improvement District for such work provided by the City
of Fresno on behalf of -said Improvement District, and
should therefore be returned to the City of Fresno,
and
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WHEREAS, the total revenue from assessments levied
upon properties in said Assessment District proceedings
was in the total sum of $68 , 716.00 for Phase Il acquisi-
tions, work, and improvements and costs and expenses
incidental thereto; that the Final total project cost
for such work levied upon properties in said Assessment
District proceedings on Phase II work was in the sum
of $50 , 527.6.8 ; that the sum of $ 18 , Q12.64 remains in
the Improvement District Fund as surplus funds attributable
to the unexpended balances of proceeds of assessments
heretofore paid and monies received on account of the
sale of bands representing unpaid assessments levied
upon the properties in said district for the cost of
such Phase II work; and
WHEREAS, the unused sum of $68,328.79 in the Improve-
ment District Fund as related to contributions for Phase I
and Phase II work chargeable to the City of Fresno should
be returned in cash by the transfer thereof to the City
of Fresno; and _
f WHEREAS, after payment as provided herein to the
Fresno Metropolitan: Flood Control District, and after
said transfer to the City of Fresno, the balance in
said Improvement District Fund will result in a total
surplus in said Improvement District Fund in the amount
of .tl8,012.64, all of which fund represents the unexpended'
balance of proceeds of assessments heretofore paid and
monies received on account of the sale of bonds represen-
ting unpaid assessments levied upon the properties in
said District, and
WHEREAS, the Council, in said Resolution of Intention
No. 73--319 adapted by said Council on July 21, 1973,
provided that any such surplus realized from said assess-
ments shall be applied as a credit to each individual
asessment levied in said Assessment Distract, and
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WHEREAS, said total surplus should be paid: as
hereinafter provided;
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED,
AND ORDERED AS FOLLOWSx
1. The total sum of $7,274.72 shall be paid
to the Fresno Metropolitan Flood Control District from
unused: funds in the Improvement District Fund as payment
for inspection services provided pursuant to agreement
and. Resolution of Intention No. 73-319 hereinabove referred
to
2 The total sum of $68,328.79 shall be transferred
from the Improvement Fund. of Assessment District No. 57
to the City of Fresno as return of unused contributions
made to such fund for the cost of acquisitions, work,
and improvements, and the costs and expenses incidental
thereto chargeable to the City of Fresno in said assess-
ment proceedings,
3. The existing surplus in the .Improvement Distriet
Fund in the sum of $18 012.64 shall be applied as a
i credit upon the individual assessments in the manner
provided in Section 10427(b) of the Streets and Highways
Code of California
PASSED AND ADOPTED this 21 st day of August
1979, by the :Following vote
AYES: Alvarado,Do, Mack, V11 hams Wills, Whitehurst
NOS Mane
ABSENT: Raid
ATTy_
--°. its''Clerk
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