Mountain View Municipal Code § 17.103 Same—Same—Surplus

When proceedings are taken pursuant to this division, Section 10000 et seq. of the Streets and Highways Code (the Municipal Improvement Act of 1913) of the state shall apply.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

Works or improvements which are existing or under construction, may be acquired for the value thereof to be determined by the council or by engineer's certificates.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

The hearing on the report need not be set for more than ten (10) days beyond the day of setting.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

The time provided for payment of assessments may be thirty (30) days.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

If there is, or the city council shall determine that there will be, a surplus in the construction fund, it may determine that said moneys may 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 (1,000) dollars or five (5) 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 the maintenance of the improvements or a specified part thereof; or

d. As provided in Sec. 17.103.1.

(Ord. No. 33.67, 11/27/67.)

As an alternative method of disposition, the surplus shall be refunded or credited 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 owner of the land upon which the assessment was levied, as such owner appears from the last equalized assessment roll at the time the refund is made;

(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; or

(c) When the assessment is ad valorem in nature and not fixed liens, the surplus shall be deposited in the bond interest and redemption fund.

(Ord. No. 33.67, 11/27/67.)

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

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

Stipulations and proceedings thereon for judgment may be had as provided in Sections 4230 and 4231 of the Streets and Highways Code of the state.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

Awards and assessments may be offset as provided in Sections 4300 to 4302 of the Streets and Highways Code of the state.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

Reference to referees may be had as provided in Section 4200 et seq. of the Streets and Highways Code of the state.

(Ord. No. 175.501, 11/24/58, Ord. No. 54.64, 7/13/64.)