Merced Municipal Code Ch. 13.36 Municipal Improvement Act of 1913

When proceedings are taken pursuant to this chapter, the Municipal Improvement Act of 1913 shall apply.

(Prior code § 14A.138).

The hearing on the report need not be set for more than ten days beyond the day of setting.

(Prior code § 14A.139).

The time provided for payment of assessments may be extended by the council, or, on petition of all of the owners, may be shortened or waived.

(Prior code § 14A.140).

Payment shall be made to the treasurer unless the council shall specify some other officer to whom payments are to be made.

(Prior code § 14A.141).

Proceedings in eminent domain may be exercised tinder the Code of Civil Procedure.

(Prior code § 14A.142).

Stipulations and proceedings thereon for judgment may be had as provided in the Street Opening Act of 1903.

(Prior code § 14A.143).

Awards and assessments may be offset as provided in the Street Opening Act of 1903.

(Prior code § 14A.144).

Reference to referees may be had as provided in the Street Opening Act of 1903.

(Prior code § 14A.145).

If there is, or the city council determines that there will be, a surplus in the construction fund, the city council may determine that said moneys be used for any one or more of the following purposes:

A. For transfer to the general fund of the city; provided, that the amount shall not exceed the lesser of one thousand dollars or five percent of the total amount expended from the construction fund;

B. To reimburse the city for any contributions or advances to or for the construction fund that were not pledged in the resolution of intention;

C. For maintenance of the improvements or a specified part thereof;

D. As provided in Section 13.36.100.

(Prior code § 14A.146).

As an alternative method of disposition, the surplus shall be refunded or credited pro rata to the parties assessed, as follows:

A. Where the assessment or any installment has been paid in cash, the credit shall be returned in cash to the person who paid the assessment or installment.

B. Where the assessment or any installment is unpaid, the credit shall be applied upon the assessment or the earliest unpaid installment of principal and interest.

C. Where an owner has requested that the credit be paid to him, in the petition for the improvements or subsequently in writing filed with the treasurer, or to his assigns, the credit shall be so paid notwithstanding the assessment or an installment has not been paid in cash.

D. When the assessment is ad valorem in nature or otherwise not fixed liens, the credit shall be deposited in the bond interest and redemption fund.

(Prior code § 14A.147).