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HomeMy WebLinkAboutResolution 1999-002 RESOLUTION NO. 1999-002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING AND CONFIRMING REPORT AND REASSESSMENT FOR THE REFUNDING OF THE OUTSTANDING BONDS FOR CAMINO REAL IMPROVEMENT PROJECT WHEREAS, on January 26, 1999, the City Council (the "City Council") of the City of Atascadero (the "City") adopted Resolution No. 1999-001 (the "Resolution of Intention") determining that the public interest requires the refunding of the outstanding bonds issued for Camino Real Improvement Project (the "Assessment District"), and declaring its intention to refund such bonds (the "Outstanding Bonds") and to levy reassessments as security for the refunding bonds, all pursuant to Division 11.5 (commencing with Section 9500) of the Streets and Highway Code of the State of California, the "Refunding Act of 1984 for 1915 Improvement Act Bonds;" and WHEREAS, pursuant to the Resolution of Intention and Section 9523 of the Streets and Highways Code of the State of California(the "Code"), the Reassessment Consultant appointed by the Resolution of Intention has prepared and filed with the City Clerk a report containing the matters required by said Section 9523, and such report (the "Report") has been presented to the City Council for consideration; and WHEREAS, the City Council has considered the Report and has determined that the Report contains all of the matters required to be included therein by Section 9523 of the Code and that the Report demonstrates that all of the conditions specified in Section 9525 of the Code will be satisfied, and the City Council may therefore proceed to approve the Report and confirm the Reassessment contained therein; and WHEREAS, by the Resolution of Intention the City Council determined that the assessments which are security for the payment of the principal of and interest on the Outstanding Bonds shall continue as security for the collection of the unpaid installments of such assessments which have been posted to and are to be collected on the tax assessment roll for the 1998-99 fiscal year and all unpaid and delinquent installments of such assessments which were posted to the tax assessment roll for prior fiscal years; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Atascadero as follows: Section 1. Findings. The City Council finds that: (i) the Report contains all matters required to be included therein by Section 9523 of the Code; (ii) each estimated annual installment of principal and interest on the Reassessment, as contained in the Report, is less than the corresponding annual installment of principal and interest on the assessment being superseded and supplanted by the same percentage for all subdivisions of land within the RVPUB\K"\53775 1 Assessment District; (iii)the number of years to maturity for the refunding bonds which are to be issued upon and secured as to payment by the Reassessment is not more than the number of years to the last maturity to the Outstanding Bonds being refunded; (iv) the principal amount of the Reassessment on each subdivision of land within the Assessment District is less than the unpaid principal amount of the assessment being superseded and supplanted by the same percentage for each subdivision of land within the Assessment District; (v) the Report assumes a maximum interest rate on the refunding bonds to be issued to represent the Reassessment which will not exceed seven percent (7%) per annum; (vi) the Reassessments contained in the Report do not include the annual installments of the assessments for the 1998-99 fiscal year which have been posted to and will be collected on the tax assessment roll for said fiscal year, or unpaid and delinquent installments of the assessments which were posted to the tax assessment roll for prior fiscal years; and (vii) it is in the best interests of the owners of property within the Assessment District that the Report and the Reassessment contained therein be approved and confirmed and that the City Council proceed to authorize, issue, and sell refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the Code. Section 2. Confirmation of Report and Reassessment. The Report and the Reassessment contained therein are approved and confirmed and the Reassessment and the reassessment diagram contained in the Report shall be recorded in the office of the Superintendent of the Streets of the City, and the City Clerk shall record such reassessment diagram and a Notice of Reassessment with the County Recorder of San Luis Obispo County pursuant to Sections 9537 of the Code. Section 3. Continuation of Lien of Assessments as Security for Unpaid Installments Thereof. It is further ordered that the lien of the assessments on parcels of property within the Assessment District shall continue as security for the payment of the unpaid installments of the assessments and the penalties and interest thereon, including the installments which have been posted to and are to be collected on the tax assessment roll for the 1998-99 fiscal year and all unpaid and delinquent installments of such assessments which were posted to the tax assessment roll for prior fiscal years. Pursuant to Section 9539 of the Code, the lien of such assessments with respect to such unpaid installments shall be equal in priority to the lien of the Reassessments. The Notice of Reassessment to be recorded by the City Clerk pursuant to Section 2 hereof shall provide notice that the lien of such assessments shall continue as security for such installments thereof. Section 4. Refunding Bonds. Refunding bonds shall be issued for the Assessment District in an aggregate principal amount which shall be equal to and shall not exceed the total amount of the Reassessment. The number of years to maturity of all such refunding bonds shall not be more than the number of years to the last maturity of the Outstanding Bonds for the Assessment District which are to be refunded. The maximum interest rate on such refunding bonds shall not exceed seven percent (7%)per annum. Section 5. Special Reserve Fund. Pursuant to the declaration of the intent of the City Council contained in Section 3 of the Resolution of Intention, provision shall be made in the resolution authorizing the issuance of the refunding bonds to be issued to refund the Outstanding RVPUB\KAB\53775 2 Bonds for the establishment from the proceeds of the sale of the refunding bonds of a special reserve fund for the refunding bonds pursuant to Part 16 (commencing with Section 8880) of Division 10 of the Code. Section 6. No City Obli ag tion. As provided in Section 6 of the Resolution of Intention, the City Council has determined, pursuant to Section 8769 of the Streets and Highways Code of the State of California, that the City will not obligate itself to advance available funds form the City Treasury to cure any deficiency which may occur in the bond redemption fund for the refunding bonds. ADOPTED this 26th day of January 999. Ray Johnso Mayor of t e oity of tascadero ATTEST: khky' - Marcia McClure Torgerson City Clerk of the City of Atascadero CERTIFICATION 1, Marcia McClure Tor eg rson, City Clerk of the City of Atascadero, do hereby certify that the foregoing resolution was adopted by the City Council of the City of Atascadero at a regular meeting thereof held on the 26th day of January, 1999 by the following vote of the Council: AYES: Council Members Arrambide, Clay, Lerno, Luna and Mayor Johnson NOES: None ABSENT: None ABSTAINED: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Atascadero, this I O'h day of February, 1999. Marcia McClure Torgerson City.Clerk of the City of Atascadero RVPU1B\KAB\53775 3