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Proceedings in eminent domain may be exercised under the Code of Civil Procedure. Since the assessment is made upon an estimate and before the entry of the interlocutory judgment as to any parcel, benefits above the amount of the assessment on such parcel shall be credited against severance damages as to such parcel in said action.
(Added by Ord. 225-81, App. 5/5/81)
Where surplus is not used for maintenance of the improvement and is ordered refunded and the assessment has been paid in cash in full, the portion of the surplus applicable thereto shall be returned in cash to the person paying it or to his assignee, upon his furnishing satisfactory evidence of such payment. The determination of the Treasurer as to the sufficiency of such proof and the person to whom such money shall be paid shall be final and conclusive. When bonds have been, or are provided to be issued under Bond Plan D, E, or F, the surplus shall be deposited in the bond interest and redemption fund. Any surpluses remaining unexpended for a period of four years after final completion of the project and payment of all costs and expenses thereof may be transferred to the general fund.
(Added by Ord. 225-81, App. 5/5/81)
When bonds are to be issued on a basis other than fixed lien assessments, the basis or formula for the annual levies shall be stated in the notice to property owners, and the provisions of Subdivision (c) of Section 10307 of the Streets and Highways Code shall not apply.
(Added by Ord. 225-81, App. 5/5/81)
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