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Code, the Commission hereby declares its intent to comply with the requirements of the 1931 Act by <br />complying with Part 7.5 thereof. <br />Section 3. The Commission has designated a registered, professional engineer as Engineer <br />of Work for this project, and hereby directs said firm to prepare the report containing the matters required <br />by Sections 2961(b) and 10204 of the Code, as supplemented by Section 4 of Article XIIID of the <br />California Constitution. <br />Section 4. The proposed boundary map of the Assessment District is hereby approved and <br />adopted. Pursuant to Section 3111 of the Code, the Secretary of the Authority is directed to file a copy of <br />the map in the office of the County Recorder of the County of Orange within fifteen (15) days of the <br />adoption of this resolution. <br />Section 5. The Commission determines that the cost of financing the Improvements and/or <br />the payment of the Improvement Fees shall be specially assessed against the lots, pieces or parcels of land <br />within the Assessment District benefiting from the financing of the Improvements and/or the payment of <br />the Improvement Fees. The Commission intends to levy a special assessment upon such lots, pieces or <br />parcels in accordance with the special benefit to be received by each such lot, piece or parcel of land, <br />respectively, from the financing of the Improvements and/or the payment of the Improvement Fees. <br />Section 6. The Commission intends, pursuant to subparagraph (f) of Section 10204 of the <br />Code, to provide for an annual assessment upon each of the parcels of land in the proposed Assessment <br />District to pay various costs and expenses incurred from time to time by the Authority and not otherwise <br />reimbursed to the Authority which result from the administration and collection of assessment <br />installments or from the administration or registration of the improvement bonds and the various funds <br />and accounts pertaining thereto. <br />Section 7. Bonds representing unpaid assessments, and bearing interest at a rate not to <br />exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond <br />Act of 1915 (Division 10 of the Code), and the last installment of the bonds shall mature not to exceed <br />twenty-nine (29) years from the second day of September next succeeding twelve (12) months from their <br />date. <br />Section 8. The procedure for the collection of assessments and advance retirement of bonds <br />under the Improvement Bond Act of 1915 shall be as provided in Part 11.1 thereof. <br />Section 9. Neither the Authority nor any member agency thereof will obligate itself to <br />advance available funds from its or their own funds or otherwise to cure any deficiency which may occur <br />in the bond redemption fund. A determination not to obligate itself shall not prevent the Authority or any <br />such member agency from, in its sole discretion, so advancing funds. <br />Section 10. The amount of any surplus remaining in the improvement fund after acquisition <br />of the Improvements and/or payment of Improvement Fees and all other claims shall be distributed in <br />accordance with the provisions of Section 10427.1 of the Code. <br />Section 11. To the extent any Improvement Fees are paid to the Authority in cash with <br />respect to property within the proposed Assessment District prior to the date of issuance of the bonds, the <br />amounts so paid shall be reimbursed from the proceeds of the bonds to the property owner or developer <br />that made the payment. <br />759 16 <br />