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2012-030 CIP ProjectsRESOLUTION 2012-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS DECLARING ITS INTENT TO OFFICIALLY RESCIND RESOLUTION No. 2006-35, A RESOLUTION WHICH ORIGINALLY DECLARED THE CITY'S INTENTION TO SEGREGATE CERTAIN CAPITAL PROJECT FUNDING SOURCES IN A SPECIAL RESTRICTED CITY FUND FOR ACCOUNTING AND CAPITAL PROJECT FUNDING PURPOSES WHEREAS, Resolution No. 2006-35 was passed, approved, and adopted by the City Council of the City of Encinitas on the 23`d day of August, 2006, WHEREAS, Resolution No 2006-35 required that all funds specified under that Resolution, including interest earned thereon, be maintained in a special restricted fund, and that their use should be restricted to the funding of three (3) designated capital projects, WHEREAS, since that date, all of the specified restrictions contained in that Resolution have been continuously satisfied, WHEREAS, Section 3. Changes on the Restrictions contained herein. of Resolution No 2006-35 states that. "Any changes to the use restrictions created herein must be made via City Council action rescinding this Resolution and further directing the use and disposition of the existing fund balances at the time " WHEREAS, The City Council of the City of Encinitas now desires and intends to officially rescind Resolution No. 2006-35 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF ENCINITAS AS FOLLOWS: Section 1. Declaration of Intent - the City Council hereby declares its intent to officially rescind, in its entirety, all of the actions taken in the adoption of Resolution No. 2006- 35 Section 2. Changes to the Restrictions contained in Resolution No. 2006-35 - the City Council hereby directs that all remaining existing fund balances in the special restricted fund (Fund #119) be transferred to the City's General Fund (Fund #101), and that all existing capital appropriations related to the monies be maintained consistent with the capital projects to which they are currently assigned. Any remaining unappropriated fund balance shall be designated, at the earliest possible opportunity, to one of the two remaining capital projects originally designated in Resolution No. 2006-35. The assignment of that remaining fund balance is entirely at the discretion of the City Council Section 3. Future changes to the resulting capital appropriations created under Resolution No. 2012-30 - Upon the transfer of the remaining monies (either appropriated or unappropriated) to the City's General Fund (Fund #101), the City Council shall henceforth direct, at its sole discretion, the assignment of these funds for whatsoever purpose as they may see fit. Section 4. Effective Date - This Resolution shall take effect upon adoption. The transfer of the remaining funds and related appropriations shall take place no later than June 30, 2012 PASSED, APPROVED AND ADOPTED by the City Council of the City of Encinitas this 20th day of June, 2012 by the following vote to wit, AYES Barth, Bond, Gaspar, Muir, Stocks. NAYS None ABSENT None ABSTAIN None F' Jerom Stocks or, City of Encinitas ATTEST: Kathy ollyw od City Clerk, City of Encinitas