HomeMy WebLinkAboutResolution 98-93 RESOLUTION NO. 98_93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS,
PROVIDING FOR THE ISSUANCE OF BONDS
PURSUANT TO THE stIMPROVEMENT BOND ACT OF 1915to
CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992
WHEREAS, the City Council (the "Council") of the City of Atascadero, California,
(the "City") has heretofore undertaken proceedings pursuant to the "Municipal
Improvement Act of 191311, being Division 12 of the Streets and Highways Code of the
State of California (the "Act");
WHEREAS, this Council has authority to issue bonds upon the unpaid assessments
levied upon lands within a special assessment district described in Resolution of Intention
No. 131-92, adopted December 8, 1992, (the "Resolution of Intention"), for the acquisition
and construction of improvements, said special assessment district known and designated
as INCity of Atascadero Street Improvement Project No. 19921, (the "Assessment District");
WHEREAS, said proceedings provided for the issuance of bonds pursuant to the
"Improvement Bond Act of 191511, being Division 10 of the Streets and Highways Code of
the State of California (the "Bond Act"), and it is necessary to establish terms and
provisions of such issuance; and,
WHEREAS, a notice of the assessment and of the time within which assessments
were to be paid in cash was duly published and mailed in the manner provided by law, and
the time within which assessments were to be paid in cash has expired, and the Treasurer
of the City (the "Treasurer") has filed a list of all assessments which remain unpaid.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. Unpaid Assessments. That the assessments now remaining unpaid,
and the aggregate thereof, are as shown on the list entitled "List of Unpaid Assessments",
(the "Unpaid List") referenced by the name of this Assessment District, a copy of which
is, or will be on file in the office of the Treasurer prior to the issuance of any bonds, and
by this reference said list is made a part hereof and is attached hereto as Exhibit "A".
SECTION 3. Parcel Descriptions. 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, reference is hereby made to the assessment and to
the diagram to be recorded in the office of the City Superintendent of Streets/City
Engineer prior to the issuance of any bonds.
Resolution No. 98-93
Page -2-
SECTION 4. Issuance of Bonds. That bonds shall be issued in an amount not to
exceed the unpaid list, and 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 Intention and the proceedings thereunder duly had and taken. The bonds
shall be designated the "City of Atascadero, Limited Obligation Improvement Bonds, City
of Atascadero Street Improvement Project No. 1992" (the "Bonds").
SECTION 5. Registered Bond. Said Bonds shall be issuable as fully registered
Bonds in the denominations set forth in Section 7.
SECTION 6. Date of Bonds. Said Bonds shall be dated the date the Bonds are sold
and delivered, as set forth in the Purchase Agreement as approved according to A
Resolution of the City Council of the City of Atascadero, California, Awarding Sale of
Bonds, adopted on August 10, 1993, and made a part hereof by this reference (the
"Purchase Agreement").
SECTION 7. Maturi . The Bonds shall be issued in denominations of $5000, or
any integral multiple thereof, (the "Bond Denomination"), and shall be issued with annual
maturities on September 2, commencing September 2, 1994. The interest rates and
principal amount maturing each year will be as set forth in the Purchase Agreement.
SECTION 8. Interest. Each Bond shall bear interest at the rate or rates specified
in the Purchase Agreement from the interest payment date next preceding the date on
which the Bond is authenticated, unless the Bond is authenticated and registered as of an
interest payment date, in which event it shall bear interest from such interest payment date,
or unless the Bond is authenticated and registered prior to March 2, 1994, in which event
it shall bear interest from its date, until payment of such principal amount shall have been
discharged, at the rates per annum stated in the Purchase Agreement,payable semiannually
on March 2 and September 2 (each being an "Interest Payment Date") in each year,
commencing March 2, 1994.
SECTION 9. Fiscal Agent. Meridian Trust Company of California, is hereby
appointed as Fiscal Agent, Transfer Agent, Registrar and Paying Agent (the "Fiscal
Agent"), upon the terms and conditions contained herein.
The Fiscal Agent will maintain the registration books for the Bonds, as set forth in
Section 14 hereof, and will register and authenticate the Bonds upon initial issuance as well
as upon the transfer and exchange thereof.
Principal of and interest on the Bonds will be paid by the Fiscal Agent on each
Interest Payment Date from moneys transferred to the Fiscal Agent by the City.
SECTION 10. Place of Payment. The principal and redemption premium on the
Bond's shall be payable in lawful money of the United States of America, upon presentation
and surrender at the designated office of the Fiscal Agent.
Resolution No. qp-A-
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Interest on said Bonds shall be paid by check on each Interest Payment Date to
the registered owner thereof at his or her address as it appears on the books of registration,
or at such address as may have been filed with the Fiscal Agent for that purpose, as of the
fifteenth (15th) day immediately preceding each Interest Payment Date.
SECTION 11. Optional Redemption. At the option of the City, any Bond, or a
portion thereof if issued in a denomination greater than $5,000, shall be subject to
redemption and payment in advance of maturity in increments of $5,000 as provided in
Section 8768 of the Bond Act, on the 2nd day of March or September in any year, by giving
at least thirty (30) days notice, by registered or certified mail, or by personal service, to the
registered owner thereof at his or her address as it appears on the books of registration
maintained by the Fiscal Agent, upon the payment of one hundred three percent (103%)
of the principal amount of Bonds called for redemption together with accrued interest to
the date of redemption, or date of payment if surrendered earlier.
If less than the entire Bond is redeemed, the unredeemed portion shall be reissued
to the registered owner thereof. Bonds will be selected for redemption in such a way that
the ratio of outstanding Bonds to issued Bonds shall be approximately the same in each
annual series insofar as possible. Within each annual series, Bonds shall be selected by lot.
No interest will accrue on a Bond beyond March 2 or September 2 on which the Bond is
called for redemption. If a Bond is presented for payment and payment is refused because
of lack of available funds, however, the Bond will continue to accrue interest. The
provisions of Part 11.1 of the Bond Act are applicable to the advance payment of
assessments and to the calling of the Bonds for redemption.
SECTION 12. Transfer of Registered Bonds. Any fully registered Bond may, in
accordance with its terms,be transferred upon the books of registration required to be kept
pursuant to the provisions of Section 14 by the owner in whose name it is registered, or by
his or her duly authorized attorney or legal representative, upon surrender of such fully
registered Bonds for registration of such transfer, accompanied by delivery of a written
instrument of transfer in a form approved by the Fiscal Agent and by the owner of said
Bonds, duly executed.
The Fiscal Agent shall require the payment by the Bondholder requesting such
transfer of any tax or other governmental charge required to be paid with respect to such
other transfer and such changes as provided for in the system of registration for registered
debt obligations. No transfer of fully registered Bonds shall be required to be made during
the fifteen (15) days next preceding each Interest Payment Date.
SECTION 13. Exchange of Registered Bonds. Fully registered Bonds may be
exchanged at the office of the Fiscal Agent, or designated transfer agent/registrar, for a like
aggregate principal amount of Bonds of the same series, interest rate and maturity, subject
to the terms and conditions provided in the system of.registration for registered debt
obligations, including the payment of certain charges, if any, upon surrender and
cancellation of said Bonds. Upon such transfer and exchange, a new registered Bond or
Resolution No. 98-93
Page -4-
Bonds of any authorized denomination or denominations of the same maturity for the same
aggregate principal amount will be issued to the transferee in exchange therefor.
SECTION 14. Books of Registration. There shall be kept by the Fiscal Agent
sufficient books for the registration and transfer of the Bonds and, upon presentation for
such purpose, the Fiscal Agent shall, under such reasonable regulations as it may prescribe,
register or transfer or cause to be registered or transferred, on said register, the Bonds as
hereinbefore provided. The register shall show the series, number, date, amount, rate of
interest and last known holder of each Bond,and the number and amount of each interest
payment made.
SECTION 15. Execution of Bonds. The Bonds shall be executed on behalf of the
City by the Treasurer and by the City Clerk (the "Clerk"), by the manual or facsimile
signature, and the corporate seal shall be reproduced by similar means on the Bonds. The
Bonds shall then be delivered to the Fiscal Agent for authentication and registration. In
case an officer who shall have signed or attested to the Bonds shall cease to be such officer
before the authentication, delivery and issuance of the Bonds, such Bonds nevertheless may
be authenticated, delivered and issued, and upon such authentication, delivery and issue,
shall be as binding as though those who signed and attested the same had remained in
office.
SECTION 16. Authentication. Only the Bonds as shall bear thereon a certificate
of authentication substantially in the form below, manually executed by the Fiscal Agent,
shall be valid or obligatory for any purpose or entitled to the benefits of this Resolution,
and such certificate of the Fiscal Agent shall be conclusive evidence that the Bonds so
authenticated have been duly executed, authenticated and delivered hereunder, and are
entitled to the benefits of this Resolution.
[FORM OF] FISCAL AGENT I S CERTIFICATE OF
AUTHENTICATION AND REGISTRATION
This is one of the Bonds described in the within-mentioned Resolution which has been
authenticated and registered on , 199_.
as Fiscal Agent
By:
Authorized Signatory
SECTION 17. Negotiability,Registration and Transfer of Bonds.The transfer of any
Bond may be registered only upon such books of registration upon surrender thereof to the
Fiscal Agent together with an assignment duly executed by the owner or his or her attorney
or legal representative, in satisfactory form. Upon any such registration of transfer, a new
Bond or Bonds shall be authenticated and delivered in exchange for such Bonds, in the
Resolution No. 98-93
Page -5-
name of the transferee, of any denomination or denominations authorized by this
Resolution, and in an aggregate principal amount equal to the principal amount of such
Bond or principal amount of such Bond or Bonds so surrendered. In all cases in which
Bonds shall be exchanged or transferred, the Fiscal Agent shall authenticate at the earliest
practical time, Bonds in accordance with the provisions of this Resolution. All Bonds
surrendered in such exchange or registration transfer shall forthwith be cancelled. The
legislative body may make a charge for every such exchange or registration of transfer of
Bonds sufficient to reimburse it for any tax or other governmental charge required to be
paid with respect to such exchange or registration of transfer. The Fiscal Agent shall not
be required to make such exchange or registration of transfer of Bonds during the fifteen
(15) days immediately preceding any Interest Payment Date.
SECTION 18. Ownership of Bonds. The person in whose name any Bond shall be
registered shall be deemed and regarded as the absolute owner thereof for all purposes, and
payment of or on account of the principal and redemption premium, of any such Bond, and
the interest on any such Bond, shall be made only to or upon the order of the registered
owner thereof or his or her legal representative. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such Bonds, including the redemption
premium, and interest thereon, to the extent of the sum or sums so paid.
SECTION 19. Mutilated Destroyed Stolen or Lost Bonds. In case any Bond
secured hereby shall become mutilated or be destroyed, stolen or lost, the Council shall
cause to be executed and authenticated a new Bond of like date and tenor in exchange and
substitution for and upon the cancellation of such mutilated Bond or in lieu of and in
substitution for such Bond destroyed, stolen or lost, upon the owner's paying the
reasonable expenses and charges in connection therewith, and, in the case of a Bond
destroyed, stolen or lost, his or her filing with the Fiscal Agent of evidence satisfactory to
it that such Bond was destroyed, stolen or lost, and of his or her ownership thereof, and
furnishing the Fiscal Agent, with indemnity satisfactory to it.
SECTION 20. Cancellation of Bond. All Bonds paid or redeemed, either at or
before maturity, shall be cancelled upon the payment or redemption of such Bonds, and
shall be delivered to the Fiscal Agent when such payment or redemption is made. All
Bonds cancelled under any of the provisions of this Resolution shall be destroyed by the
Fiscal Agent.
SECTION 21. Construction Fund. The Construction Fund shall be established and
maintained by the City. The proceeds from the sale of the Bonds, after deposit of required
amounts in the Reserve Fund and Redemption Fund (as defined below), shall be placed
in the fund hereby created,pursuant to Sections 10602 and 10424 of the California Streets
and Highways Code, as amended, which shall be called the "City of Atascadero, Street
Improvement Project No. 1992 - Construction Fund" (the "Construction Fund"), and the
monies in the Construction Fund shall be used only for purposes authorized in said
assessment proceedings.
Resolution No. 98-93
Page -6-
Except as expressly authorized by Section 36 of this resolution, the City shall disburse
moneys from the Construction Fund only upon receipt of a requisition of the City, signed
by the City Manager, City Finance Director, Community Development Director, Treasurer,
Administrative Services Director, City Attorney, or any other officer of the City duly
authorized by any of the foregoing officers to sign said requisition. Said requisition shall
state all of the following:
1. The amount of the request;
2. The purposes for which the money will be used;
3. The fact that said purposes are authorized under the assessment proceedings;
4. . That said amount does not exceed the amount contemplated for such purposes
under the assessment proceedings; and
5. That the officer executing the requisition is authorized to do so under this
Resolution.
Each requisition shall be sequentially numbered and no amounts may be disbursed
from the Construction Fund except upon receipt of said requisition.
Any investment earnings on amounts on deposit in the Construction Fund shall be
used for the purposes set forth in the assessment proceedings, subject to any rebate to the
federal government, which rebate calculations will be made by the City in accordance with
the Non-Arbitrage Certificate and the Rebate Certificate,to be executed the day the Bonds
are sold and delivered (the "Closing Date").
SECTION 23. Redemption Fund. The Redemption Fund shall be established and
maintained by the Fiscal Agent. Principal of and interest on said Bonds shall be paid only
out of the Redemption Fund created pursuant to Section 8671 of the Bond Act, which shall
be called the "City of Atascadero, Street Improvement Project No. 1992 - Redemption
Fund" (the "Redemption Fund"). Payment of the Bonds at maturity, or at redemption
prior to maturity, and all interest and premiums on the Bonds shall be paid from the
Redemption Fund. In all respects not recited herein, said Bonds shall be governed by the
provisions of the Bond Act.
SECTION 24. Reserve Fund. The Reserve Fund shall be established and
maintained by the Fiscal Agent. There shall be deposited into the Reserve Fund the
amount of the Reserve Requirement, as defined below and in Section 148 of the Internal
Revenue Code of 1986, or the Regulations promulgated thereunder, which shall be called
the "City of Atascadero, Street Improvement Project No. 1992 Reserve Fund (the
"Reserve Fund"). Subject to any rebate to the federal government, all investment earnings
on the Reserve Fund will remain in the Reserve Fund and be used for the purposes set
forth below;provided,however, that under no circumstances shall the Reserve Fund exceed
the Reserve Requirement. The Reserve Requirement is defined as the lesser of (i) ten
percent of the proceeds (as said term is defined in Section 148 of the Internal Revenue
Code of 1986, or the regulations promulgated thereunder) of the Bonds, (ii) 125% of the
average annual debt service on the Bonds, or (iii) maximum annual debt service on the
Bonds (the "Reserve Requirement").
Resolution No. 98-93
Page -7-
A. Whenever there are insufficient funds in the Redemption Fund to pay the
next maturing installment of principal of or interest on the Bonds, an amount necessary to
make up such deficiency will be transferred from the Reserve Fund, to the extent of
available funds, to the Redemption Fund in accordance with the Bond Act. The amount
so advanced shall be reimbursed to the Reserve Fund from the proceeds of redemption
or sale of the parcel for which payment of delinquent assessment installments was made
from the Reserve Fund.
B. If any assessment or any portion thereof is prepaid prior to the final maturity
of the Bonds, the amount of principal of the assessment to be prepaid will be reduced. The
proportional reduction of the assessment shall equal the ratio of the total amount initially
provided for the Reserve Fund to the total amount originally assessed in the improvement
proceedings. The reduction in the amount of principal prepaid shall be compensated for
by a transfer of like amount from the Reserve Fund to the Redemption Fund.
C. The amounts deposited in the Reserve Fund shall never exceed the Reserve
Requirement, and, except to the extent, if any, required for rebate to the federal
government, all proceeds from investment of moneys on deposit in the Reserve Fund in
excess of the Reserve Requirement will be transferred to the Redemption Fund, on each
Interest Payment Date, and credited upon the Assessment District assessments.
D. When the amount in the Reserve Fund equals or exceeds the amount
required to retire the remaining unmatured Bonds (whether by advance retirement or
otherwise), the amount of the Reserve Fund shall be transferred to the Redemption Fund,
and the remaining installments of principal and interest not yet due from assessed property
owners shall be cancelled without payment, subject to satisfaction of the Fiscal Agent and
Treasurer.
SECTION 25. Investment of Moneys. Subject to certain tax covenants described
below and contained in the Non-Arbitrage Certificate and the Rebate Certificate, to be
executed on the Closing Date, the Fiscal Agent shall invest the Redemption Fund and
Reserve Fund in accordance with the City's investment policies. All investment earnings
shall be credited to the fund in which they were earned, and said investment earnings may
be applied for the purposes of such fund, subject to certain requirements regarding rebate
to the federal government, if any.
SECTION 26. Surplus Construction Fund Moneys. The City hereby covenants that
any proceeds remaining in the Construction Fund shall be used to reimburse the
Assessment District according to Sections 10427 and 10427.1 of the Act and in conformity
with the Engineer's Report for the Assessment District which is on file in the City Clerk's
office for further particulars.
Resolution No. 98-93
Page -8-
SECTION 27. Covenant to Foreclose. The City hereby covenants that upon default
of any assessment payment due, it will cause foreclosure proceedings to be brought within
one hundred fifty (150) days of such default and thereafter diligently prosecute such
proceedings to completion.
SECTION 28. Books and Accounts: Financial Statement. The City will keep, or
cause to be kept, proper books of record and accounts, separate from all other records and
accounts of the City in which complete and correct entries shall be made of all transactions
relating to the project.
SECTION 29. Further Assurances. The City will adopt, make, execute and deliver
any and all such further resolutions, instruments and assurance as may be reasonably
necessary or proper to carry out the intention or to facilitate the performance of this
Resolution, and for the better assuring and confirming unto the Owners of the Bonds of the
rights and benefits provided in this Resolution.
SECTION 30. Tax Covenants. The City covenants to satisfy certain restrictions
which relate to conditions precedent to the issuance of tax-exempt obligations, as contained
in the Non-Arbitrage Certificate and the Rebate Certificate, to be executed on the Closing
Date, and said covenants are incorporated herein by reference.
SECTION 31. Supplemental Resolutions Effective Without Consent of the Owners.
The City may from time to time, and at any time,without notice to or consent of any of the
Bondowners, adopt resolutions or orders supplemental to this Resolution for any of the
following purposes:
(a) to cure any ambiguity, to correct or supplement any provision in this Resolution
which may be inconsistent with any other provision in this Resolution, or to make any other
provision with respect to matters or questions arising under this Resolution or in any
additional resolution or order, provided that such action shall not adversely affect the
interest of the Bondowners;
(b) to add to the covenants and agreements of and the limitations and the
restrictions upon the City contained in this Resolution, other covenants, agreements,
limitations and restrictions to be observed by the City which are not contrary to or
inconsistent with this Resolution as theretofore in effect or are necessary to ensure that the
interest on the Bonds remains excludable from gross income for federal income tax
purposes; and
(c) to modify, alter, amend or supplement this Resolution in any other respect
which is not adverse to the interests of the Bondowners.
SECTION 32. Supplemental Resolutions Effective With Consent of the Owners.
Any modification or amendment of this Resolution and of the rights and obligations of the
City and of the Owners of the Bonds, in any particular, may be made by a supplemental
resolution, with the written consent of the Owners of at least sixty percent (60%) in
Resolution No. 98-93
Page -9-
aggregate principal amount of the Bonds Outstanding at the time such consent is given. No
such modification or amendment shall permit a) any extension of the maturity date of the
principal of, or the payment date of interest on, any Bond, b) a reduction in the principal
amount of, or the redemption premium on, any Bond or the rate of interest thereon, c) a
preference or priority of any Bond or Bonds, or d) a reduction in the aggregate principal
amount of the Bonds the Owners of which are required to consent to such modification or
amendment without the consent of all the Owners of such Bonds, or shall change or modify
any of the rights or obligations of the Fiscal Agent without its written assent thereto.
SECTION 33. Removal of Fiscal Agent. The City may at any time at its sole
discretion remove the Fiscal Agent initially appointed, and any successor thereto, by
delivering to the Fiscal Agent a written notice of its decision to remove the Fiscal Agent
and may appoint a successor or successors thereto; provided that any such successor, other
than the Treasurer,shall be a bank or trust company having a combined capital (exclusive
of borrowed capital) and surplus of at least ten million dollars ($10,000,000), and subject
to supervision or examination by federal or state authority. Any removal shall become
effective only upon acceptance of appointment by the successor Fiscal Agent. If any bank
or trust company appointed as a successor publishes a report of condition at least annually,
pursuant to law or to the requirements of any supervising or examining authority above
referred to, then for the purposes of this section the combined capital and surplus of such
bank or trust company shall be deemed to be its combined capital and surplus as set forth
in its most recent report of condition so published.
SECTION 34. Resignation of Fiscal Agent. The Fiscal Agent may at any time
resign by giving written notice to the City and by giving to the Owners notice of such
resignation, which notice shall be mailed to the Owners at their addresses appearing in the
registration books in the office of the Fiscal Agent. Upon receiving such notice of
resignation, the City shall promptly appoint a successor Fiscal Agent by an instrument in
writing. Any resignation or removal of the Fiscal Agent and appointment of a successor
Fiscal Agent shall become effective only upon acceptance of appointment by the successor
Fiscal Agent. Unless a successor Fiscal Agent shall have been appointed by the City and
shall have accepted its appointment within 90 days after the resignation or removal of the
Fiscal Agent, as aforesaid, the Fiscal Agent may petition a court of competent jurisdiction
to appoint a Fiscal Agent to fill such vacancy.
SECTION 35. Order to Print and Authenticate Bonds. The Treasurer is hereby
instructed to immediately cause Bonds, as set forth above, to be printed, and to proceed to
cause said Bonds to be authenticated and delivered to an authorized representative of the
purchaser,upon payment of the purchase price as set forth in the Purchase Agreement fully
executed by the City.
SECTION 36. Performance of Duties by Officers. Each and every officer of the
City is authorized to perform his or her services on behalf of the City. The City Manager,
or his or her written designee, is authorized to pay the costs of such services and all other
costs necessary to effect the issuance of the Bonds. Such services and costs shall include,
but not limited to, engineering services, costs to print the Bonds, costs to print the
Resolution No. 98-93
Page-10-
Preliminary Official Statement and Official Statement, Bond Counsel services, Fiscal Agent
services, costs to prepare Auditor's Records, and any other services appropriate for the
issuance of the Bonds. These costs shall be paid only from monies on deposit in the
Acquisition Fund.
SECTION 37. Ratification of Previous Actions,• Future Actions. All actions
heretofore taken by officers and agents of the City with respect to the sale and issuance of
the Bonds are hereby approved, confirmed and ratified, and the City Manager, Treasurer,
Administrative Services Director, City Attorney, or any other officers of the City duly
authorized by the foregoing officer are hereby authorized and directed to take any actions
and execute.and deliver any and all documents as are necessary to accomplish the issuance,
sale, and delivery of the Bonds in accordance with the provisions of this Resolution and the
fulfillment of the purposes of the Bonds as described in this Resolution. In the event that
the Mayor is unavailable to sign any document authorized for execution herein, the City
Manager, City Attorney,or the Treasurer is hereby authorized to sign such document. Any
document authorized hereby to be signed by the Clerk may be signed by a duly appointed
deputy clerk.
SECTION 38. Approval of the Preliminary Official Statement. The City hereby
authorizes the City Manager, City Attorney, Administrative Services Director or Treasurer
to approve the distribution of a final Preliminary Official Statement relating to the Bonds
(the "Official Statement") by Spelman & Co., Inc. (the "Underwriter"), and the execution
of a certificate complying with Rule 15c2-12 of the Securities and Exchange Commission
by an authorized City official. The Mayor, City Manager, City Attorney, Administrative
Services Director, or Treasurer are hereby authorized and directed to approve any changes
in or additions to a final form of said Preliminary Official Statement whose execution
thereof shall be conclusive evidence of approval of any such changes and additions.
SECTION 40. Other Officers. That the officers responsible for the execution of any
of the agreements, orders, or covenants contained in any of the foregoing Sections or in any
other document heretofore approved in these proceedings are hereby authorized and
directed to take any actions and execute and deliver any and all further documents,
agreements or certificates as are necessary to accomplish the issuance and sale of the
Bonds.
Resolution No. 98-93
Page -11-
On motion by Councilperson Luna and seconded by
Councilperson Bewley , the foregoing Resolution is hereby adopted in its
entirety on the following roll call vote:
AYES: councilmembers Bewley, Luna, Nimmo and Mayor Kudlac
NOES: None
ABSENT: Councilmember Borgeson
ADOPTED: August 10, 1993
ATTE T: CITY OF ATASCADERO
By:
L ABOI , Ci Clerk /MARTY KUDLAC, Mayor
APPROVED AS TO FORM:
ima'a -
AR D N, City Attorney
Resolution No. 98-93
Exhibit "A"
Page -1-
EXHIBIT nAn
LIST OF UNPAID ASSESSMENTS
Name of Diagram Assessor's Final
Owner Assmnt No. Parcel No. Assmnt
Area No. 1 3-F Meadows
P. & S. Van Benthuysen 1 055-102-007 $5,716.32
8520 Casanova Road
Atascadero, CA 93422
Harlan & B.R. Hallett 2 055-102-011 -0-
8325 Sierra Vista
tascadero, CA 93422
Hector & Elena Castro 4 055-102-002 5,716.32
8570 Casanova Road
Atascadero, CA 93422
M.J. & A.L. Emrich 5 055-102-001 5,716.32
8580 Casanova Road
Atascadero, CA 93422
Matthew & C.A. Dilullo 6 055-083-004 5,716.32
8610 Casanova Road
Atascadero, CA 93422
Thomas J. Hansen 7 055-083-005 5,716.32
8620 Casanova Road
Atascadero, CA 93422
1
C.D. & K.H. Wyckoff 9 055-082-008 5,716.32
8670 Casanova Road
Atascadero, CA 93422
Douglas & Jeanne Brown 10 055-082-007 5,716.32
10075 Andrita Road
Atascadero, CA 93422
Resolution No. A8_
Exhibit "A"
Page -2-
11 NOT USED
David & Linnea Glover 12 055-082-001 5,716.32
8700 Casanova Road
Atascadero, CA 93422
United Airlines Employees 13 055-072-006 5,716.32
P.O. Box 66100
Chicago, ILL 60666
Donald D. Rossi 14 055-072-002 5,716.32
8730 Casanova Road
Atascadero, CA 93422
John T. & Diane Nisbet 15 055-072-005 5,716.32
10835 Portal Road
Atascadero, CA 93422
16 NOT USED
imichael D. McGranahan 17 054-321-008 5,716.32
5655 Silverado Place
Paso Robles, CA 93446
C.A. & J.F. Bove 18 054-321-011 5,716.32
10080 Andrita Road
Atascadero, CA 93422
A.M. & A.L. Waterbury 19 055-073-002 5,716.32
10090 Andrita Road
Atascadero, CA 93422
Warren & Jane Hooper 20 055-071-015 5,716.32
8795 Cassanova Road
Atascadero, CA 93422
Joseph & Jean Kuntze 21 055-071-014 5,716.32
8775 Casanova Road
Atascadero, CA 93422
Alex O. Taylor 22 055-071-001 5,716.32
8765 Casanova Road
Atascadero, CA 93422
Resolution No. 98-93
Exhibit "A"
Page -3-
Charles & Ardena Braff 23 055-081-004 5,716.32
8735 Casanova Road
Atascadero, CA 93422
Centra Coast Neuro- 24 055-081-001 5,716.32
behavior Center
P.O. Box 877
Morro Bay, CA 93442
Roy D. Giffith 25 055-081-002 5,716.32
9190 Barranca Road
Atascadero, CA 93442
John L. Cotsenmoyer 26 055-081-010 5,716.32
8705 Casanova Road
Atascadero, CA 93422
t6aul & Gunhild Buhl 27 055-081-012 5,716.32
87 Casanova Road
tascadero, CA 93422
Paul & Gunhild Buhl 28 055-081-011 5,716.32
8687 Casanova Road
Atascadero, CA 93422
Marcel & Helen Texeira 29 055-081-006 5,716.32
P.O. Box 1178
Atascadero, CA 93423
Susanna L. King 30 055-081-003 5,716.32
8635 Casanova Road
Atascadero, CA 93422
P.R. & B.J. Benedict 31 055-101-001 5,716.32
8625 Casanova Road
Atascadero, CA 93422
Dean C. & Paula Ott 32 055-101-013 5,716.32
2495 Highland Road
Upland, CA 91786
R.L. & K.T. Romera 33 055-101-006 5,716.32
8595 Casanova Road
Atascadero, CA 93422
Resolution No. 98-93
Exhibit "A"
Page -4-
Anthony Avina Tr. 34 055-101-007 5,716.32
8585 Casanova Road
Atascadero, CA 93422
R.A. & J.K. Dumouchelle 35 055-101-012 5,71632
9305 Barranco
Atascadero, CA 93422
Kenneth E. Morgan 36 055-101-004 5,716.32
9900 Carmelita Avenue
Atascadero, CA 93422
Wlm. & Frances Knucles 38 055-101-017 5,716.32
8565 Casanova Road
Atascadero, CA 93422 ,
James B. Misslin 39 055-101-016 5,716.32
(860 Carmelita Avenue
ascadero, CA 93422
onald & Jill Alanis 40 055-101-009 5,716.32
8525 Casanova Road
Atascadero, CA 93422
Harry & Doris Hughes 41 055-101-015 5,716.32
8505 Casanova Road
Atascadero, CA 93422
Michael & Cherilee Virgil 42 055-062-040 5,716.32
9185 Barranco
Atascadero, CA 93422
John R. Zufelt 43 055-062-039 5,716.32
1170 Black Canyon Road
Susana Knolls, CA 93063
Ron & Renee Silberman 44 055-062-032 5,716.32
9210 Lucinda Lane
Atascadero, CA 93422
IE ers e & B.J. Stevenson 45 055-062-041 5,716.32
9220 Lucinda Lane
Atascadero, CA 93422
Resolution No. 98-93
Exhibit "A"
Page -5-
Robert A. Green 46 055-062-042 5,716.32
9230 Lucinda Lane
Atascadero, CA. 93422
Robert & Peggy Babcock 47 055-062-027 5,716.32
9240 Lucinda Lane
Atascadero, CA 93422
Isidoro & Martha Espinosa 48 055-062-020 5,716.32
9267 Barranco Road
Atascadero, CA 93422
Howard & Joan Marohn 49 055-062-022 5,716.32
9265 Barranco Heights
Atascadero, CA 93422
Lyle & Linda Curry 50 055-062-019 5,716.32
9263 Lucinda Lane
iutascadero, CA 93422
Michael J. Fitzpatrick 51 055-062-028 5,716.32
9253 Lucinda Lane
Atascadero, CA 93422
Ramon & B.M. Campbell 52 055-062-029 5,716.32
9243 Lucinda Lane
Atascadero, CA 93422
James C. Carey 53 055-062-023 5,716.32
9233-Lucinda Lane
Atascadero, CA 93422
Kevin & Lorie Almeida 55 055-062-033 5,716.32
9213 Lucinda Lane
Atascadero, CA 93422
William L. Hinson 56 055-061-003 5,716.32
9220 Barranco Road
Atascadero, CA 93422
Thomas & Jana Way 57 055-061-002 5,716.32
9240 Barranco Road
Atascadero, CA 93422
Resolution No. caR_A�
Exhibit "A"
Page -6-
Floyd & Doreen Lowe 58 054-311-022 5,71632
9270 Barranco Road
Atascadero, CA 93422
Carl Brown 59 0547311-056 5,71632
9280 Barranco Road
Atascadero, CA 93422
William & Joan Keil 60 054-311-055 5,716.32
9380 Barranco Road
Atascadero, CA 93422
Milton J. Souza 61 054-311-019 5,71632
9390 Barranco Road
Atascadero, CA 93422
Richard & Elaine Phillips 62 054-311-016 5,716.32
9425 Barranco Road
Atascadero, CA 93422
Cornelis & Elsje DeKoster 63 054-311-038 5,716.32
Kagertuinen 53
2172 xJ Sassenheim
The Netherlands Fr. 99999
Donald & Penny Monmonier 65 055-062-036 5,716.32
P.O. Box 1059
Atascadero, CA 93423
Arthur Stenger 67 055-062-037 5,716.32
9345 Barranco Road
Atascadero, CA 93422
Horne Savings of America 68 055-062-034 5,716.32
4900 Rivergrade Road
Irwindale, CA 91706
Robert L. Dostalek 69 055-062-035 5,716.32
9285 Lucinda Lane
Atascadero, CA 93422
Wade & Rita Roben 70 055-062-030 5,716.38
9203 Lucinda Lane
Atascadero, CA 93422
Resolution No. 98-93
Exhibit "A"
Page -7-
Area No. 3, Las Encinas
Orville L. Horst 1 049-241-019 6,129.87.
7205 Del Rio Road
Atascadero, CA 93422
John M. Arrambide 2 049-241-021 6,129.87
7243 Del Rio Road
Atascadero, CA 93422
Shirley A. Nathan 3 049-241-020 6,129.87
P.O. Box 843
Atascadero, CA 93423
Russell P. Tolchard 4 049-241-022 6,129.87
7277 Del Rio Road
tascadero, CA 93422
rry D. Stephens 5 049-241-027 6,129.87
2015 Alturas
Atascadero, CA 93422
Gordon T. Davis 6 049-241-033 6,129.87
P.O. Box 2400
Atascadero, CA 93423
Fred D. & Jeannie Pflum 7 049-241-045 6,129.87
2021 Alturas Road
Atascadero, CA 93422
Jeffrey M. Trippon 8 049-241-046 6,129.87
2025 Alturas Road
Atascadero, CA 93422
Keith D. Brummel 9 049-241-043 6,129.87
2035 Alturas Road
Atascadero, CA 93422
E.J. & S. Hunt 10 049-271-010 6,129.87
1538 Bellefontaine
Riverside, CA 92506
Resolution No. 2a-93
Exhibit "A"
Page -8-
E.J. & S. Hunt 11 049-271-010 6,129.87
1538 Bellefontaine
Riverside, CA 92506
Paula J. Dumouchelle 12 050-031-041 6,129.87
2100 Alturas Road
Atascadero, CA 93422
Robert C. Metzinger 13 050-031-040 6,129.87
2054 Alturas Road
Atascadero, CA 93422
Robert F. & Del Weiss 14 050-031-039 6,129.87
2042 Alturas Road
Atascadero, CA 93422
Robert F. & Del Weiss 15 050-031-038 6,129.87
2042 Alturas Road
IF'ascadero, CA 93422
Rolf E. Rogers 16 049-241-023 6,129.87
2026 Alturas Road
Atascadero, CA 93422
O.L. & R.C. Servatius 17 049-241-018 6,129.87
7405 Del Rio Road
Atascadero, CA 93422
T.P. & J. Nielsen 18 049-241-024 6,129.87
P.O. Box 427
San Luis Obispo, CA 93401
Mark A. & Vicki Mitchell 19 049-241-025 6,129.87
7505 Del Rio Road
Atascadero, CA 93422
Laura L. Simpson 20 050-031-010 6,129.87
7675 Del Rio Road
Atascadero, CA 93422
M. A. & B.J. Tull 21 050-031-011 6,129.87
7695 Del Rio Road
Atascadero, CA 93422
Resolution No. egg
Exhibit "A"
Page -9-
Larry D. Chase 22 050-031-003 6,129.87
1940 Bur Oak Drive
Modesto, CA 95354
Richard L. Hodgkiss 23 050-031-022 2,971.98
P.O. Box 1307
Atascadero, CA 93423
Jeffrey D. Orcutt 24 049-232-019 6,129.87
7650 Del Rio Road
Atascadero, CA 93422
Robert L. Yehling 25 049-232-018 6,129.87
7644 Del Rio Road
Atascadero, CA 93422
Alexander T. Gronstrand 26 049-232-013 6,129.87
7620 Del Rio Road
Atascadero, CA 93422
Robert L. Solley 29 049-271-003 6,129.87
2075 Alturas Road
Atascadero, CA 93422
Magdalena C. Nemeth 30 049-271-002 6,129.87
P.O. Box 2399
Atascadero, CA 93423
Harold P. & Janet Hayes 31 049-271-001 6,129.87
2505 Alturas Road
Atascadero, CA 93422
32 NOT USED
Jami D. Tulledge 33 050-111-011 6,129.87
8755 Del Rio Road
Atascadero, CA 93422
34 NOT USED
Michael J. & M.D. Vierra 35 050-031-028 6,129.87
1819 State Street, Ste. G
Santa Barbara, CA 93101
Resolution No. 98-93
Exhibit "A"
Page -10-
E.M. & M. M. Crook 36 050-031-016 6,129.87
2460 Alturas Road
Atascadero, CA 93422
Edward T. Riffel 37 049-231-015 6,129.87
P.O. Box 974
Atascadero, CA 93423
Stephanie E. McFadden 39 050-031-020 6,129.87
7955 Del Rio Road
Atascadero, CA 93422
Michael I Santos 40 050-031-034 6,129.87
14700 Morningside Drive
Atascadero, CA 93422
Edward H. & Betty Symons 41 050-031-033 6,129.87
..833 Venable Street
an Luis Obispo, CA 93401
aul & Marian Cortez 42 050-031-035 6,129.87
7805 Del Rio Road
Atascadero, CA 93422
E.B. & B.A. Ellis 44 050-031-030 6,129.87
7777 Del Rio Road
Atascadero, CA 93422
George N. Knecht 45 050-031-029 6,129.87
7755 Del Rio Road
Atascadero, CA 93422
T.R. & Y.E. Rogers 46 050-021-028 6,129.87
5358 Senceca Place
Simi Valley, CA 93063
Robert L. & D.W. Bogusch 48 050-111-012 6,129.87
8305 Del Rio Road
Atascadero, CA 93422
Atascadero Highlands 49 050-111-020 6,129.87
P.O. Box 519
Arroyo Grande, CA 93420
Resolution No. 98-93"A"
Page -11-
Carl R. Jorgensen 50 050-111-019 6,129.87
8355 Del Rio Road
Atascadero, CA 93422
Atascadero Highlands 51 050-101-012 6,129.87
P.O. Box 519
Arroyo Grande, CA 93420
David E. Ormonde 52 050-101-011 6,129.87
P.O. Box 422
Templeton, CA 93465
George R. & M.J. Bird 53 050-092-010 6,129.87
8390 Del Rio Road
Atascadero, CA 93422
ugust & Jane Salemi 54 050-092-007 6,129.87
370 Del Rio Road
tascadero, CA 93422
Robert Fragione 55 050-021-031 6,129.87
8366 Del Rio Road
Atascadero, CA 93422
Gerald A. Burns 56 050-021-032 6,129.87
8330 Del Rio Road
Atascadero, CA 93422
John W. Hull 57 050-021-33 6,129.87
1527 18th Street
San Francisco, CA 94107
Young B. Kim Tr. 58 049-232-040 6,129.87
7545 San Gregorio Road
Atascadero, CA 93422
H.S. McPherson 59 049-232-029 6,129.87
P.O. Box 1340
Atascadero, CA 93422
Wilmeth M. Funston 60 049-232-028 6,129.87
7605 San Gregorio Road
Atascadero, CA 93422
Resolution No. QR-A-;
Exhibit "A"
Page -12-
Thomas H. Demby, Heirs of 61 049-232-027 6,129.87
7685 San Gregorio Road
Atascadero, CA 93422
R.C. & V.L. Scott 62 049-231-014 6,129.87
7550 San Gregorio Road
Atascadero, CA 93422
Thomas A. Jennings 63 049-231-012 6,129.87
7600 San Gregorio Road
Atascadero, CA 93422
Gordon T. Davis 64 049-231-003 6,129.87
P.O. Box 2400
Atascadero, CA 93423
Pacific Gas & Electric Co. 65 049-231-002 6,129.87
t25 Market Street
an Francisco, CA 94106
Liberto R. Nathan 67 050-012-019 6,129.87
8255 Balboa Road
Atascadero, CA 93422
Edmon K. Stanley Tr. 68 050-012-018 6,129.87
343 Aviendo
San Clemente, CA 92672
Michael A. Valko 69 050-012-020 6,129.87
8130 San Gregorio Road
Atascadero, CA 93422
George R. Urquhart 70 050.012-021 6,129.87
8150 San Gregorio Road
Atascadero, CA 93422
Stephen M. & K.L. Thompson 71 050-012-025 6,129.87
8200 San Gregorio Road
Atascadero, CA 93422
S.S. & P.J. West 72 050-012-024 6,129.87
8300 San Gregorio Road
Atascadero, CA 93422
Resolution No. gp93
Exhibit "A"
Page -13-
W.E.J. & S.S. Slover 74 049-232-020 6,129.87
7800 Del Rio Road
Atascadero, CA 93422
G.J. & C.A. Trigueiro 75 049-232-021 6,129.87
P.O. Box 1153
Atascadero, CA 93423
Celia T. Wolters 77 049-232-031 6,129.87
2S 567 Nelson Lake Road
Batavia, IL 60510
Celia T. Wolters 78 049-232-033 6,129.87
2S 567 Nelson Lake Road
Batavia, IL 60510
Celia T. Wolters 79 049-232-032 6,129.87
2S 567 Nelson Lake Road
atavia, IL 60510
aniel R. Trojan 80 050-021-026 6,129.87
9000 La Canada
Atascadero, CA 93422
William H. & E.M. Bateman 81 050-021-025 6,129.87
8005 San Gregorio Road
Atascadero, CA 93422
Donald G. Grigler 82 050-021-024 6,129.87
8055 San Gregorio Road
Atascadero, CA 93422
John W. Hull 83 050-021-034 6,129.87
1527 18th Street
San Francisco, CA 94107
John W. Hull 84 050-021-029 6,129.87
1527 18th Street
San Francisco, CA 94107
Richard A. Malueg 85 050-021-030 6,129.87
10962 Bent Tree Road
Santa Ana, CA 92705
Resolution No. 98-93
Exhibit "A"
Page -14-
Ronald H. & M. Kiel 86 050-021-019 6,129.87
9090 La Canada Lane
Atascadero, CA 93422
K. & N. Miller 87 050-021-002 6,129.87
8405 San Gregorio Road
Atascadero, CA 93422
Lindsay R.W. & H.M. 88 050-021-014 6,129.87
8505 San Gregorio Road
Atascadero, CA 93422
L.C. & B.A. Kummerow 89 050-021-013 6,129.87
P.O. Box 193
Atascadero, CA 93423
Thomas E. & J.E. McNamara 90 050-021-023 6,129.87
P.O. Box 1958
Atascadero, CA 93423
William E. Barnes 93 050-021-021 6,129.87
8755 San Gregorio Road
Atascadero, CA 93422
Marland J. Holland 94 050-092-003 6,129.87
8775 San Gregorio Road
Atascadero, CA 93422
Eveline Blanchette 95 050=092-008 6,129.87
8855 San Gregorio Road
Atascadero, CA 93422
Brian L. Cyester 96 050.092-009 6,129.87
8450 Del Rio Road
Atascadero, CA 93422
D.F. & M.C. Anderson 97 050-101.015 6,129.87
8445 Del Rio Road
Atascadero, CA 93422
Thomas E. McNamara 98 050-101-009 6,129.87
8130 El Camino Real
Atascadero, CA 93422
Resolution No. 93-93
Exhibit "All
Page -15-
John E. King 99 050-101-002 6,129.87
P.O. Box 2119
Avila Beach, CA 93424
Lewis B. Ind 101 050-091-004 6,129.87
231 Harsin Lane
Santa Maria, CA 93455
C.W. & E.W. Hessick 102 050-091-013 6,129.87
P.O. Box 58
Atascadero, CA 93423
R.G. & E.D. McKenzie 104 050-091-007 6,129.87
690 Thornbrook Drive
Merlin, OR 97532
A.H. & L.A. Young 105 050-012-014 6,129.87
8520 San Gregorio Road
Atascadero, CA 93422
Stewart C. Hinckley 106 050-012-013 6,130.17
8400 San Gregorio Road
Atascadero, CA 93422
TOTAL ASSESSMENT: $909,485.97