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HomeMy WebLinkAboutCity Council Resolution 889-U5149A-19~ WMAM:PDA:BEK: rva 07/li/80 18c RESOLUTION NO. 889-U A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS VILLAGE PARKING DISTRICT NO. 4 ASSESSMENT DISTRICT RESOLVED, by the City Council (the "Council") of the City of Saratoga, (the "City"), Santa Clara County, California, that WHEREAS, the Council has provided in proceedings conducted under and pursuant to its Resolution of Intention No. 889-C, adopted Febreary 7, 1979, as amended, that serial bonds will be issued to represent the unpaid assessments pursuant to the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code of the State of California (the "Bond Law"); WHEREAS, a complete list of all unpaid assessments has been made by the City Clerk as Collection Officer and filed with the City Treasurer (the "Treasurer"); WHEREAS, this 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 remaining 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 $500,000, 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 in the aggregate principal amount of $500,000"""'~hall be '["~sued as herein provided upon the security of said unpaid assessments in accordance with the provisions of the Bond Law, and under and pursuant to the provisions of said Resolution 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 Saratoga, Village Parking District No. 4 Assessment District, Series 1980-1, be dated August 2, 1980, 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, 1981, 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. 4. Payable. Bank of America National Trust and Savings Association is hereby designated as Paying Agent and Registrar for the Bonds, and the principal of and interest on the Bonds shall be payable at its Corporate Agency Service Center in San Francisco, California. 5. Form. The Bonds, the registration endorsement thereon and the coupons to be attached to the Bonds shall be substantially in the forms 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 6fficial seal by the Treasurer and by the City Clerk and the coupons shall be executed by the Treasurer whose signature may be reproduced on the Bonds and on the coupons by engraved, printed 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 every one 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 Deliver~{ of Bonds. The City Clerk is hereby directed to cause the Bonds to be prepared in accordance with this resolution and the accepted bid for the Bonds, and the Treasurer 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 said accepted bid for the Bonds. 8. Bgnd..Re~ister. The Treasurer shall keep or cause to be kept a register 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 Treasurer 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 Treasurer as separate trust accounts, distinct from all other accounts of the City: ,(a) The Village Parking District No. 4 Assessment District Improvement Fund or similar designation as determined by the Treasurer (the "Improvement Fund"); (b) The Village Parking District No. 4 Assesment District Series 1980-1 Bond Redemption Fund or similar designation as determined by the Treasurer (the "Redemption Fund"); and (c) The Village Parking District No. 4 Assessment District Series 1980-1 Bond R~serve Fund or similar designation as determined by the Treasurer (the "Reserve Fund"). 10. ~.~provement Fund. Moneys received by the City from the 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 12 hereof nor any -2- accrued interest which shall be placed in the Redemption Fund) shall be placed in the Improvement Fun~. Disbursement from the Improvement Fund shall be made exclusively to pay the costs of the acquisitions and/or improvements, 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 $1,000 or 5% of the total amount expended from the Improvement Fund~ (b) 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 acquire~ or constructed in sai~ proceedings. 11. Redemption Fund. Any accrued interest received on account of the sale of the Bon~s, all sums received from the collection of unpaid assessments and interest and penalties thereon (but excluding collection charges) as provided in Section 14 hereof, and any amounts advanced from the Reserve Fund or otherwise in satisfaction of the City~s obligations under Section 15 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 due 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 Law less its recovery on the lands purchase~ 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 Law 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 fun~ of the City. 12. Reserve Fund. An amount equal to $30,000 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 an~ 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, 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 Law for the advance payment of assessments, said unpaid assessments shall be reduced. 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 an amount equal to fifteen percent (15%) of the aggregate principal amount of the Bonds issued less any discount thereon, such excess shall be credited upon the unpaid assessments in the manner set forth in Section 10427.1 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 Law. 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 10427.1 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 preceding unpaid assessment installment or installments until exhausted. 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. 14. Collection of Unpaid Assessments. The unpaid assessments shown on saidlist filed with the Treasurer 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 unpaid assessment shall be payable in each year preceding the date of maturity of each of the several series of Bonds issued, sufficient to pay the Bonds when due, and such proportion of each unpaid assessment coming due in any year, together with 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 ~4- year during the term 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. 15. A~vances from Available surplus Funds. In the event of a d el nquencf~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 delinquent 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 Law shall not be enforceable as to any available surplus funds of the City until all moneys in the Reserve Fund have been first exhausted. 16. 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 14 of the Bond Law. Such foreclosure proceedings shall be commenced within 90 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 Law. The provisions of Part 11 of the the Bond Law are applicable to the advance payment of assessments and to the calling of Bonds. The Treasurer 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 various annual 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 Registrar designated in Section-4 hereof. -5- 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 (15) 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 restored. 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. Use of Proceeds Certificate. The Treasurer is authorized to certify as to the r'~'~sonably expected use by the City of the proceeds of the Bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954. 20. Certified Copies. The City Clerk is hereby directed to forward a c"e~'~'~ied copy of this resolution to the City Treasurer and to the Auditor-Controller of Santa Clara County. · · · , , -6- I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 16th day of July, 1980, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Linda Callon, Martha C]evenger, John Mallory, Cherie] Jensen, Dale Watson. NOES, Councilmen: None ABSENT, Councilmen: City · I Saratoga APPRO~D: (SEAL) Mayor -7-