No preview available
Resolution 1982- 92 " . WMAM: PI>.~JC: sb 06/l8/82 /' O"J04C-408a . RESOLUTION NO. 82-~ A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS RONAN AVENUE - LIMAN AVENUE ASSESSMENT DISTRICT RESOLVED, by the City Council (the "Council") of the City of Gilroy, California (the "City"), that WHEREAS, the Council has provided in proceedings conducted under apd pursuant to its Resolution of Preliminary Determination and of Intention No. 81-93, adopted October 5, 1981, as amended, that serial bonds will be issued to represent the unpaid assessments pursuant to the Improvement Bond Act of 1915, Division lO of the Streets and Highways Code of the state of California (the "Bond Act"); WHEREAS, a complete list of all unpaid assessments has been made by the City Clerk as Collection Officer and filed with the City Director of Finance (the "Director of Finance"); and WHEREAS, the Council has duly considered said list and has determined that the same is an accurate statement thereof; NOW, THEREFORE, THE COUNCIL HEREBY DETERMINES AND ORDERS, as follows: 1. List of Unpaid Assessments. That the assessments now remalnlng unpaid are as shown on said list and on Exhibit "A" attached hereto and by this reference made a part hereof, that the aggregate amount thereof is $l92,366.35, and that for a particular description of the lots or parcels of land bearing the respective assessment numbers set forth in said list, reference is hereby made to the assessment and to the diagram recorded in the office of the Superintendent of Streets of the City after confirmation by the Council. 2. Issuance of Bonds. Bonds aggregating $192,366.35 in principal amount shall be issued as herein provided upon the security of said unpaid assessments in accordance with the provisions of the Bond Act, and under and pursuant to the provisions of said Resolution of preliminary Determination and of Intention, as amended, and the proceedings thereunder duly had and taken. The Bonds authorized herein (the "Bonds" and sometimes the "Bond") shall be known as "Improvement Bonds, City of Gilroy, Ronan Avenue - Liman Avenue Assessment District, Series 82-2," be dated June 28, 1982, be numbered, of the denominations and mature in the amounts and on the dates set forth in Exhibit "B" attached hereto and by this reference made a part hereof. 3. Interest. The Bonds shall bear interest from their date at the rate or rates determined by the Council at the time of award of sale of the Bonds, payable commencing on January 2, 1983, and semiannually thereafter on July 2 and January 2 of each year to their respective dates of maturity. Each Bond will continue to bear interest after maturity at the rate stated therein, provided it is presented at maturity and payment thereof is refused on the sole ground that there is not sufficient money in the Redemption Fund with which to pay same; if it is not presented at maturity, interest thereon will run only until maturity. RESOLUTION NO. 82 - '92 .~ .' . . 4. Payable. The principal of and interest on the Bonds and any redemption premium shall be payable by Bank of America National Trust and savings Association at its Corporate Agency Service Center, San Fran~is~0, California. 5. Form. The Bonds, the registration endorsement thereon and the coupons-ro-be attached to the Bonds shall be substantially in the form set forth in Exhibit "C" attached hereto and by this reference made a part hereof, the blank spaces therein to be filled in to conform to the provisions of this resolution. 6. Execution. The Bonds shall be executed on behalf of the City and under its official seal by the Director of Finance and by the City Clerk and the coupons shall be executed by the Director of Finance whose signature may be reproduced on the Bonds and on the coupons by engraved, printeJ or lithographed facsimile thereof, and the official seal may be placed on the Bonds in like manner. Such signing and sealing shall constitute and be a sufficient and binding execution of each and everyone of the Bonds and coupons thereof, respectively. If any officer whose signature appears on the Bonds or coupons ceases to be such officer before the delivery of the Bonds to the purchaser thereof, such signature shall be as valid as if such officer had remained in office until the delivery of the Bonds. 7. preparation and Delivery of Bonds. The City Clerk is hereby directed to cause the Bonds to be prepared in accordance with this resolution and the purchase contract for the Bonds, and the Director of Finance shall deliver same upon their completion and execution to the purchaser thereof, upon receipt of the purchase price therefor, and upon the performance of the conditions contained in the contract for the purchase of the Bonds. 8. Record of Bonds. The Director of Finance shall keep or cause to be kept a record showing the series, number, date, amount, rate of interest, the last known holder of each Bond, and the number and amount of each interest coupon paid. The Director of Finance shall cancel or cause to be canceled each Bond and coupon paid. 9. Establishment of Funds. There are hereby created and established the following special funds which shall be held and maintained by the Director of Finance as separate trust accounts, distinct from all other accounts of the City: (a) The Ronan Avenue - Liman Avenue Assessment District Improvement Fund or similar designation as determined by the Director of Finance (the "Improvement Fund"): (b) The Ronan Avenue - Liman Avenue Assessment District Series 82-2 Bond Redemption Fund or similar designation as determined by the Director of Finance (the "Redemption Fund"); and (c) The Ronan Avenue - Liman Avenue Assessment District Series 82-2 Bond Reserve Fund or similar designation as determined by the Director of Finance (the -Reserve Fund"). 10. Improvement Fund. Moneys received by the City from cash payments of assessments, contributions or any other source for the acquisition, construction and financing of the improvements described in the assessment proceedings, together with the proceeds received from the sale of the Bonds, including any premium received by the City on the sale of the Bonds (but not including the moneys required to be placed in the Reserve Fund pursuant to Section l2 hereof nor any -2- '. ,) . . accrued interest which shall be placed in the Redemption Fund) shall be placed in the Improvement Fund. Disbursement from the Improve~ent Fund shall be made exclusively to pay the costs of the acquisitions and/or im~rovements, together with all expenses incidental thereto. Any surplus remaining in the Improvement Fund after payment of all costs shall be used, in such amounts as the Council may determine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $l,OOO or 5% of the total amount expended from the Improvement Fund: lb) As a credit upon the assessment and any supplemental assessment: provided that such surplus may, if the Council so determines, also be applied as a credit to the City on account of contributions made by it towards the cost and expenses of the acquisitions and/or improvements in the proportion which such contribution bears to the total amount of the assessment or supplemental assessment prior to the deduction of all such contributions: or (c) For the maintenance of any improvements acquired or constructed in said proceedings. ll. Redemption Fund. Any accrued interest received on account of the sale of the Bonds, all sums received from the collection of unpaid assesnments and interest and penalties thereon (but excluding collection charges) as provided in Section l4 hereof, and any amounts advanced from the Reserve Fund or otherwise in satisfaction of the City's obligations under Section l5 hereof shall be placed in the Redemption Fund. Disbursement from the Redemption Fund shall be made exclusively to pay the principal or redemption price of the Bonds and the interest Que thereon. Any surplus remaining in the Redemption Fund after payment of all Bonds and the interest thereon shall first be applied to repayment to the City of any special taxes levied by it for the purpose of paying for lands purchased by it under Part 13 of the Bond Act less its recovery on the lands purchased at such delinquent sale, and also of any costs incurred by it thereunder. The remainder shall be repaid in accordance with the provisions of Section 8783 of the Bond Act to persons paying supplemental assessments, if any, and the balance may be proportionately credited upon the final installments due upon the assessments securing the Bonds and repaid to those persons whose assessments have been previously paid or may be transferred to the general fund of the City. l2. Reserve Fund. An amount equal to $19,236.64 shall be placed in the Reserve Fund upon receipt of the proceeds of the sale of the Bonds. Moneys in the Reserve Fund shall constitute a trust fund for the benefit of Bondholders and be paid and transferred in the following amounts and at the following times and under any of the following circumstances: (a) Whenever there are insufficient funds in the Redemption Fund to meet the next maturing installment of principal of or interest on the Bonds due to delinquent installments of assessments, an amount necessary to pay such deficiency shall be transferred as an advance from the Reserve Fund to the Redemption Fund. The amount so advanced shall be reimbursed and deposited in the Reserve Fund from the proceeds of redemption or sale of the parcel for which payment of delinquent installments was made from the Reserve Fund. -3- . . (b) In the event unpaid assessments are paid in cash prior to their final maturity date pursuant to the provisions of the Bond Act for the advance payment of assessments, said unpaid assessments shall be r~du~~d. The proportionate reduction on said assessments shall equal the ratio of the total amount initially provided for the Reserve Fund to the total amount originally assessed in the proceedings for the Bonds, and an amount equal to the reduction in said assessments shall be transferred from the Reserve Fund to the Redemption Fund. (c) At any time the amount of any interest earned by the investment of all or any portion of the Reserve Fund together with the principal amount in said Reserve Fund exceeds l5% of the original face amount of the Bonds, or exceeds (in the event the Bonds are sold at less than 98% of their original face amount) l5% of the gross proceeds of the sale of the Bonds, such excess shall be credited upon the unpaid assessments in the manner set forth in Section l0427.l of the Streets and Highways Code of the State of California; provided that, in order to comply with the current federal regulations, in the event said excess cannot be credited to said unpaid assessments and expended therefor within thirteen (13) months of the date said excess has accrued, said excess amount shall be applied to the advance retirement of the Bonds in the manner provided in the Bond Act. Should said federal regulations be changed, the use of the excess must conform to said federal regulations. (d) Whenever the balance in the Reserve Fund is sufficient to retire all the remaining outstanding Bonds, collection of the principal and interest on the unpaid assessments shall be discontinued and the Reserve Fund shall be liquidated in retirement of the Bonds. The Council shall order the same to be credited against the assessments remaining unpaid in the manner set forth in Section l0427.l of said Streets and Highways COde, and the amount apportioned to each unpaid assessment shall be credited against the last unpaid assessment installment, and, if the amount apportioned to each parcel exceeds the amount of said last installment, then such excess shall be credited against the next precedin~ unpaid assessment installment or installments until exhausted. In the event that the balance in the Reserve Fund at the time of liquidation exceeds the amount required to retire all outstanding Bonds, the excess shall be apportioned to each parcel upon which the individual assessment remained unpaid at the time the balance in the Reserve Fund was sufficient to retire all outstanding Bonds. The payments shall be made in cash to the respective owners of the parcels except that, if the excess is not greater than one thousand dollars ($1,000), the excess may be transferred to the general fund of the City. 13. Investment of FUnds. Moneys in the Improvement Fund, the Redemption Fund, and the Reserve Fund may be invested in any obligations which are then authorized by the laws of the State of California as investments for local agencies, maturing on a date or dates prior to the need for such moneys. Any income or interest thereon shall accrue to and be deposited in the fund from which said moneys were invested. l4. Collection of Unpaid Assessments. The unpaid assessments shown on said list filed with the Director of Finance and determined by this Council, together with the interest thereon, shall remain and constitute a trust fund for the redemption and payment of the principal of the Bonds and for the interest due thereon, which unpaid assessments shall be payable in annual series corresponding in number to the number of serial maturities of the Bonds issued. An annual proportion of each -4- .' . . unpaid assessment shall be payable in each year preceding the date of maturity of each of the several series of Bonds issued, sufficjent to pay the Bonds when due, and such proportion of each unpaid assessment cOT/Ii l!g due in any year, together wi th the annual interest thereon, shall be payable in the same manner and at the same time and in the same installments as the general taxes of the City on real property are payable, and become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property of the City. A record of the several installments of principal and interest on said unpaid assessments which are to be collected in each year during the ter.m of the Bonds shall be kept in the office of the Auditor-Controller of Santa Clara County. When the first interest coupon is for interest for a longer period than six months, the Auditor- Controller shall enter the amount thereof in the column on the assessment roll provided for the first installment, and the balance in the column on the assessment roll provided for the second installment. All sums received from the collection of said unpaid assessments and of the interest and penalties thereon shall be placed in the Redemption Fund provided for herein, except that any percentage collected to represent the costs of such collection shall be retained by said Auditor-Controller. l5. Advances from Available Surplus Funds. In the event of a delinquency in the payment of any installment of the assessment levied upon any property for the payment of the principal and interest of the Bonds, the City, in the absence of any other bidder, shall be the purchaser of uelinquent property upon which any of said assessments are levied in like manner in which it becomes, or may become, the purchaser of property sold for the nonpayment of general City taxes, and shall pay and transfer from available surplus funds into the Redemption Fund the amount of any delinquent assessment installment and interest thereon. The City shall also pay and transfer from available surplus funds into the Redemption Fund the amount of any future delinquent assessment and interest thereon on such property pending redemption. Any amounts so advanced shall be recoverable upon sale or redemption of the property. The obligations imposed by this Section and by Sections 8800 to 8808, inclusive, of the Bond Act shall not be enforceable as to any available surplus funds of the City until all moneys in the Reserve Fund have been first exhausted. l6. Covenant to Foreclose. The City hereby covenants with the holders of the Bonds that it will order and cause to be commenced and diligently prosecuted to completion, court foreclosure proceedings upon the lien of any and all delinquent assessments and interest, pursuant to and as provided in Part l4 of the Bond Act. Such foreclosure proceedings shall be commenced within l20 days following the date of such delinquency. 17. Redemption Prior to Maturity. Each Bond outstanding may be redeemed and paid in advance of maturity upon the second day of January or July in any year by giving at least 60 days notice and by paying the principal amount thereof together with a premium equal to 5% of the principal plus interest to the date of advanced maturity, unless sooner surrendered, in which event said interest will be paid to the date of payment, all in the manner and as provided in the Bond Act. The provisions of Parts 8 and 11 of the Bond Act are applicable to the advance payment of assessments and to the calling of Bonds. -5- . . The Director of Finance shall call for redemption and retire Bonds upon prepayment of assessments in amounts sufficient therefor. In selecting Bonds for retirement, the lowest numbered Bonds of the varl JUS unnual maturities shall be chosen pro rata in a manner intended to disturb as little as possible the relationship of unpaid assessments to Bonds outstanding. 18. Registration and Transfer of Bonds. Each Bond herein authorized may be registered only as to both principal and interest upon the written request of the holder and upon presentation of the Bond to the bank named in Section 4 hereof, hereby designated the Registrar for the Bonds. An appropriate book shall be kept by the Registrar showing at all times what Bonds are registered and in whose names, and, upon presentation of the Bonds for such purpose, the Registrar shall, and under such reasonable regulations as the Registrar may prescribe, register or transfer or cause to be registered or transferred, in said registry book, the Bonds as herein provided. Upon presentation of a Bond for registration, the coupons shall be removed therefrom and canceled (or preserved in a place of safekeeping, at the option of the Registrar), and the name and number of the Bond, the name and address of the holder in whose name it is to be registered, the date of such registration and a notation that the Bond is registered as to both principal and interest shall be entered in the registry book, and appropriate endorsement thereof shall be made by the Registrar in the space provided therefor on the back of the Bond. Until such registration is discharged as hereinafter provided, the interest when due shall be payable only to the registered owner and the principal when due shall be payable only to such owner upon surrender of the Bond to the Registrar. A registered Bond may be transferred only by the registered owner, in person or by attorney duly authorized in writing, by a written instrument of transfer in form acceptable to the Registrar, and by the Registrar endorsing such transfer on the Bond and in the registry book. No transfer shall be required to be made during the fifteen (l5) days next preceding an interest payment date. . A registered Bond may be discharged from registration upon written request of the registered owner. In such case, the Registrar shall transfer the Bond to bearer by appropriate endorsement on the Bond and in the registry book, cause all unmatured coupons that have been removed from the Bond to be reattached to the Bond (such coupons to be reprinted, if necessary), and deliver the Bond and coupons to the owner, and thereupon negotiability and transferability by delivery shall be rp.stored. Bonds that have been discharged from registration are subject to successive registrations and transfers in the manner heretofore provided. The person requesting registration, transfer or discharge from registration shall, as a condition precedent to the exercise of such privilege, pay the Registrar's reasonable charges therefor, if any, including any cost of reprinting the coupons and any tax or other governmental charge required to be paid with respect thereto. 19. Arbitrage Covenant. The City covenants that as long as any Bonds remain outstanding no use will be made at any time of the proceeds thereof which use (1) is a use reasonably expected at the time of issuance of the Bonds, and (2) would, if such use were reasonably -6- . ! t . . '. ..! expected at the time of issuance of the Bonds, cause such Bonds to be "arbitrage bonds" within the meaning of Section l03(c) of the Internal Revenue Code of 1954, as amended, and the regulations thereunder as the SRm~ ;na:-.' be amended from time to time; provided, however, that the right is reserved to make any investment of such proceeds permitted by law if, when and to the extent that said Section l03(c) or regulations thereunder shall be repealed or relaxed or shall be held void by final decision of a court of competent jurisdiction, but only if any investment made by virtue of such repeal, relaxation or decision would not result in the interest on the Bonds being subject to federal income taxation. 20. Use of Proceeds Certificate. The Director of Finance is authorized to certify as to the amount and use reasonably expected by the city, as of the date or dates of issue of the Bonds, of the proceeds thereof, as provided by Sections l.l03-l3, l.l03-l4 and l.l03-l5 of the Income Tax Regulations under the Internal Revenue Code of 1954, as amended. 21. Certified Copies. The City Clerk shall forward a certified copy of this resolution to the Director of Finance who shall take such action as shall be necessary to assure compliance by the City with the terms and conditions hereof. The City Clerk is further directed to provide a certified copy of this resolution to the Auditor-Controller of Santa Clara County. * * * * * I hereby certify that the foregoing resolution was duly and regularly adopted anJ passed by the City Council of the City of Gilroy, California, at a regular meeting thereof held on the 2lst day of June, 1982, by the following vote of the members thereof: AYES, and in favor thereof, Councilmembers: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH. NOES, Councilmembers: None ABSENT, Councilmembers: None APPROVED: ~,~ Mayor RESOLUTION NO. 82 - 92 -7- . . LIST OF UNPAID ASSESSMENTS RONAN AVENUE - LIMAN AVENUE PARK ASSESSMENT DISTRICT Diagram and Assessor's Unpaid Assessment Number parcel Number Assessment 1 790-16-033 $ 35,637.46 2 790-16-030 15,798.33 3 790-l6-028 l8,76l.29 5 790-16-04l l3,882.31 6 790-16-042 1,9l5.55 7 790-l6-005 l,l23.20 l4 790-l4-0l7 l1,9l7.l9 15 790-14-025 2l,676.61 18 790-l4-007 2,447.l9 21 790-l4-02l 1,839.92 22 790-14-005 3,253.21 23 790-14-004 19,760.38 28 790-l5-0l6 2,Oll.l3 29 790-15-017 4,002.64 30 790-l5-018 27,630.l2 41 790-15-026 l,668.0l 42 790-15-027 l,668.01 44 790-15-006 1,433.10 45 790-15-007 4,025.l5 5l 790-16-043 l,9l5.55 TOTAL UNPAID ASSESSMENTS $192,366.35 EXHIBIT "AR . . MATURITY SCHEDULE IMPROVEMENT BONDS CITY OF GILROY RONAN AVENUE - LIMAN AVENUE ASSESSMENT DISTRICT SERIES 82-2 Bond Numbers principal Maturity Date (Inclusive) Denomination Amount (July 2) 1 $2,366.35 $2,366.35 1983 2 5,000.00 5,000.00 1984 3 5,000.00 5,000.00 1985 4 5,000.00 5,000.00 1986 5-6 5,000.00 lO,OOO.OO 1987 7-8 5,000.00 10,000.00 1988 9-l0 5,000.00 10,000.00 1989 1l-l2 5,000.00 10,000.00 1990 13-l4 5,000.00 10,000.00 1991 l5-l6 5,000.00 lO,OOO.OO 1992 17-l9 5,000.00 l5,000.00 1993 20-24 l,OOO.OO 5,000.00 1994 25 -27 5,000.00 l5,000.00 1994 28-32 1,000.00 5,000.00 1995 33-36 5,000.00 20,000.00 1995 37-4l l,OOO.OO 5,000.00 1996 4 2 -4 5 5,000.00 20,000.00 1996 46-50 1,000.00 5,000.00 1997 51-55 5,000.00 25,000.00 1997 $192,366.35 EXHIBIT "B" . . BOND FORM. The Bonds shall be substantially in the following form: IMPROVEMENT BOND CITY OF GILROY RONAN AVENUE - LIMAN AVENUE ASSESSMENT DISTRICT SERIES 82-2 BOND NO. $ Under and by virtue of the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code, the City of Gilroy (a municipal corporation operating under a freeholders' charter), in the County of Santa Clara, State of California, will, on the second day of July, , out of the redemption fund for the payment of the bonds issued upon the assessments made for the acquisitions, work and improvements more fully described in Resolution of Preliminary Determination and of Intention No. 81-93, passed by the City Council of said City on the 5th day of October, 1981, as amended, pay to bearer (or, if this bond is registered as herein provided, to the registered owner hereof) the .sum of Dollars ($ with interest thereon from the 28th day of June, 1982, at the rate of percent ( %) per annum, all as is hereinafter specified, and at Bank of America National Trust and Savings Association, Corporate Agency Service Center, San Francisco, California. This bond is one of several annual series of bonds of like date, tenor and effect, but differing in *(interest rates, amounts and) maturities, issued by said City under said law for the purpose of providing means for paying for the acquisitions, work and improvements described in said Resolution of Preliminary Determination and of Intention, as amended, and is secured by the moneys in said redemption fund and by the unpaid assessments made for the payment of said acquisitions, work and improvements, and, including principal and interest, is payable exclusively out of said fund. The interest is payable semiannually, to wit: On the second day of January and July in each year hereafter, upon presentation of the proper coupons therefor; provided, that the first of said coupons is for the interest to the second day of January, 1983, and thereafter the interest coupons are for the semiannual interest. This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there is not sufficient money in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity. This bond may be registered as to principal and interest, with the privilege of transfer, discharge from registration and successive * Modify as necessary to comply with terms of Bond sale. EXHIBIT "c" ( i) . . : '"" registration, upon written request of the owner and presentation of the bond to the above named bank and payment of the charges, if any, all in the manner and upon the terms set forth in the resolution providing for th~ iss~dnce hereof. This bond may be redeemed and paid in advance of maturity upon the second day of January or July in any year by giving the notice provided in said law and by paying principal and accrued interest together with a premium equal to 5 percentum of the principal. IN WITNESS WHEREOF, said City be signed by the Director of Finance has caused its Clerk to affix hereto day of June, 1982. of Gilroy has caused this bond to of said City and by its Clerk, and its corporate seal, all on the 28th (not for signature) Clerk (not for signature) Director of Finance COUPON FORM. The coupons to be attached to the Bonds shall be substantially in the following form: On the Second Day of the CITY OF GILROY, California, will (unless the bond to which this coupon appertains has been duly called for earlier redemption) pay to bearer, from its designated redemption fund, the amount hereon at Bank of America National Trust and Savings Association, Corporate Agency Service Center, San Francisco, California, as interest due on IMPROVEMENT BOND, CITY OF GILROY, RONAN AVENUE - LIMAN AVENUE ASSESSMENT DISTRICT, SERIES 82-2, dated June 28, 1982. , Coupon No. $ No. (not for signature) Director of Finance EXHIBIT "C" (ii) ~ . ! . . .... REGISTRATION FORM: The form of endorsement for registration on the Bonds shall be substantially as follows: REGISTRATION This bond is registered in the name of the registered owner last entered below and both the principal of and interest on this bond are payable only to such owner: provided that this bond may be registered to bearer and thereby discharged from registration and the negotiability hereof restored. Note: No writing below except by the Registrar. Date of Registry Name and Address of Registered Owner signature of Registrar EXHIBIT "C" (iii)