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Resolution 1541 WJM&L:PDA:S:zw 1/7/71 12c RESOLUTION NO. 1541 A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS TENTH STREET IMPROVEMENT DISTRICT PROJECT NO. 1970-4 RESOLVED, by the City Council of the City of Gilroy, California, that WHEREAS, said Council did on October 19, 1970, pass and adopt its Resolution No. 1517 of Preliminary Determination and of Intention relating to the acquisition and construction of public improvements in said City under and pursuant to the provisions of Chapter 12A, Article II of the Gilroy City Code, and did therein provide that serial bonds would be issued thereunder pursuant to the provisions of Bond Plan B, Chapter l2A, Article III of said Gilroy City Code, reference to said Resolution of Preliminary Determination and of Intention hereby being expressly made for further particulars; WHEREAS, notice of the recordation of the assessment and of the time within which assessments may be paid in cash, has been duly pub- lished and mailed in the manner provided by law, and the time so pro- vided for receiving the payment of assessments in cash has expired, and the City Clerk has filed with the Director of Finance a list of all assessments which now remain unpaid; and WHEREAS, the Council has duly considered said list and has deter- mined that the same is an accurate statement thereof; NOW, THEREFORE, IT IS HEREBY ORDERED, as follows: 1. That the assessments in said unpaid list which now remain unpaid, and the aggregate thereof, are as shown on Exhibit "A" hereto attached and by reference made a part hereof. 2. That for a particular description of the lots or parcels of land bearing the respective assessment numbers set forth in said unpaid list and upon which assessments remain unpaid, severally and respec- tively, reference is hereby made to the assessment and to the diagram 1~).0 recorded in the office of the Superintendent of Streets of said City after confirmation by said Council, the several lots or parcels of land represented by said assessment numbers being so numbered and designated upon said diagram and assessment as so confirmed and recorded, severally and respectively. 3. The unpaid list is in the amount of $114,922.24 and bonds, shall be issued upon the security of said unpaid assessments in said amount in accordance with the provisions of Bond Plan B, Chapter 12A, Article III of the Gilroy City Code, and under and pursuant to the provisions of said Resolution of Preliminary Determination and of Intention and the proceedings thereunder duly had and taken; that said bonds shall be one hundred fifteen (115) in number, shall be dated February 15, 1971, and bear interest from their date at the rate of not to exceed seven (7%) per annum, and the denomination of said bonds with their respective numbers and dates of maturity are as shown on Exhibit "B" hereto at- tached and made a part hereof by reference. 4. Said bonds shall be issued in series, and the unpaid assess- ments as shown on said list filed with the Director of Finance of said City and determined by said Council, together with the interest thereon, shall remain and constitute a trust fund for the redemption and payment of said bonds and of the interest which may be due thereon, which un- paid assessments shall be taxable in annual series corresponding in number to the number of series of bonds issued, and an annual proportion of each assessment shall be payable in each year preceding the date of the maturity for each of the several bonds issued, and such proportion of each assessment coming due in any year, together with the annual interest thereon, shall in turn be payable in installments as the general taxes of said City on real property are payable, and shall be- come delinquent at the same time and in the same proportionate amounts and bear t~e same proportionate penalties for delinquency. 5. Said bonds shall be signed by the Director of Finance and City 2 Clerk of the City or bear the engraved, printed or lithographed signa- ture of the Director of Finance and the official seal of said City shall be affixed thereto by printed, lithographed or other reproduction thereof. The interest coupons affixed thereto shall be signed by said Director of Finance or bear his engraved, printed or lithographed signature; and such signing and sealing of said bonds by said officers and signing of said coupons by said Director of Finance shall constitute and be a sufficient and binding execution of each and everyone of said bonds and all of the coupons thereof respectively. Said bonds shall be substan- tially in the form set forth in Bond Plan B of said Code. Said Director of Finance and City Clerk of said City are hereby authorized and directed to sign said bonds. 6. The interest coupons attached to each of said bonds and evi- dencing the interest to accrue thereon shall be numbered consecutively and be substantially in the following form, to wit: On the 2nd day of the CITY OF GILROY will pay to bearer here- of at the Principal Office of Bank of America National Trust & Savings Association, San Francisco, California, Paying Agent of the City, the sum shown herein being the interest then due on Improvement Bond dated February 15, 1971 Series 1970-4 , 19_ $ Coupon No. Bond No. Director of Finance 7. The Clerk shall forward to the Director of Finance and County Auditor a certified copy of this resolution. * * * * * * * * * * * * 3 I hereby certify that the foregoing is a full, true and cor- rect copy of a resolution duly passed and adopted by the City Council of the City of Gilroy, California, at a meeting, thereof held on the 18th day of Janua ry , 1971, by the following vote of the members thereof: AYES, and in favor thereof, CouncilmeMers: Duffin,Batrez,Kennedy, Pate, Silva, Wentworth, and Goodrich. NOES, Councilment>ers: None ABSENT, Councilmellbers: None r APPROVED: /t~~~7L~tn'L~<":( Mayor LIST OF UNPAID ASSESSMENTS TENTH STREET IMPROVEMENT DISTRICT PROJECT NO. 1970-4 Assessment Assessor's Amount of Ass'd ValIn Number Parcel No. Assessment Land Impvt ~ ?v 803-11-28 $ 987.28 $ 850 $ 790 3 803-11-27 932.16 850 580 4 803-11-26 1,850.90 830 450 6 803-11-48 2,742.07 1,290 880 7 803-11-7 907.36 1,250 2,700 8 803-11-06 1,025.39 2,480 9 803-11-35 2,063.63 6,810 7,350 11 803-12-14~ 300 803-12-48 30.28 8,780 12 803-12-12~ 1,937.72 330 803~12-13 2,730 13 803-l2-10~ 349.98 300 803-12-11 2,490 240 15 803-50-82 545.15 850 1,600 16 803-50-78) 2,289.66 150 803-50-81) 2,150 1,750 17 803-12-46) 99,260.66 50,290 5,350 803-12-1 ) 1,500 $114,922.24 $84,230 $21,690 EXHIBIT "All 6 EXHIBIT "B" Annual Series Bond Nos. Principal Date of Maturity 1970-4 1 $ 922.24 July 2, 1972 2 - 7 6,000.00 July 2, 1972 8 - 14 7,000.00 July 2, 1973 15 - 21 7,000.00 July 2, 1974 22 - 28 7,000.00 July 2, 1975 29 - 35 7,000.00 July 2, 1976 36 - 43 8,000.00 July 2, 1977 44 - 51 8,000.00 July 2, 1978 52 - 59 8,000.00 July 2, 1979 60 - 67 8,000.00 July 2, 1980 I 68 - 75 8,000.00 July 2, 1981 76 - 83 8,000.00 July 2, 1982 84 - 91 8,000.00 July 2, 1983 92 - 99 8,000.00 July 2, 1984 100 - 107 8,000.00 July 2, 1985 108 - 115 8,000.00 July 2, 1986 "