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HomeMy WebLinkAboutReso 29-1995 Resolution No. 29-95 A RESOLUTION DETERMINING SURPLUS AND ORDERING DISPOSITION THEREOF Gellert Boulevard Extension Assessment District RESOLVED, by the City Council (the "Council") of the City of South San Francisco (the "City"), County of San Mateo, State of California, that WHEREAS, in proceedings conducted by this Council pursuant to Resolution No. 52-77, A Resolution of Intention to Make Acquisitions and Improvements, adopted on May 4, 1977, assessments were levied and bonds were issued to represent the unpaid assessments in and for the City's Gellert Boulevard Extension Assessment District (the "District"); WHEREAS, all acquisitions and improvements provided for In said proceedings have been made and all costs thereof, together with the expenses incidental thereto, have been paid; WHEREAS, there remains In the Improvement Fund created In and for the District the sum of $457,160.73 which represents surplus funds, which funds may subjected to dispostion by the Council and the Council now wishes to close the improvement fund and provide for the dispostion of such surplus. NOW, THEREFORE, IT IS DETERMINED AND ORDERED as follows: 1 The unencumbered balance of $457,160.73 in the Improvement Fund is declared to be surplus and shall be disposed of as hereinafter set forth.. 2. $114,162.00 shall be transferred to a special fund for, and to be applied to, the maIntenance of the improvements acquired and/or constructed in and for the Assessment District; 3. $342,998.73 shall be applied as a credit upon said assessment as follows: such amount shall be placed in a subaccount of the Redemption Fund for the District and invested at such rate or rates of interest as do not exceed the yield of the bonds. When the amount in such subaccount equals the amount required to redeem all of the then-outstanding bonds (including prepayment penalties, interest and costs of call), the City shall notify all of the owners of the real property within the District which real property is then subject to the lien of any of the unpaid assessments of the District. Unless requested by all of the owners in writing within 30 calendar days of the date of the City's notice not to cause the redemption of the bonds, the City shall cause the bonds to be redeemed and the District to be dosed. Otherwise, the subaccount shall be retained until the final maturity of the bonds is paid as scheduled and then be distributed to the then owners of the property in the District in the proportion which the amount of each individual assessment bears to the total amount of all individual assessments, 4. If, during the time the subaccount mentioned in Section 3 above is held by the City, any assessment installment is not paid when due and which becomes delinquent, the City shall have the right to use any or all of the amount in the subaccount to pay the delinquent amount and any penalties and costs after written notice of its intention to do so to the owner of the property or properties affected. The subaccount may be replenished from the proceeds of foreclosure or redemption, provided that the City shall be under no obligation to accomplish such replenishment, in whole or in part if the owners of the property elect under Section 3 to continue the subaccount to the end of the scheduled maturity of the bonds and the default or delinquency occurs, after such election. 5. There shall be transferred to the General Fund of the City (i) any portion of the surplus which shall not have been paid to or claimed by the persons entitled thereto within four years after the due date of the last installment upon the bonds or of the last principal coupon attached thereto, and (ii) any interest earned from the investment of any moneys constituting all or any part of the surplus. I hereby certify that the within Resolution was regularly introduced and adopted by the City Council of the City of South San Frandsco at a re qu. 1 ~ r meeting held on the 101:h day of Ma,,v ,1995, by the following vote: AYES: Cou nci 1 members Penna, Roberta NOES: None ABSTAIN: None ABSENT: None Jack Drago, Joseph A. Fernekes, John R. Cerri Teglia and Mayor Robert Yee -2-