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HomeMy WebLinkAbout86-74 - ResolutionsRESOLUTION NO. 86-74 RES(~UTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, APFROVINC REFUNDING AND REASSESSM~IqT REPORT OF ENGINEEli AND CONFIRMING REASSESSMENTS FOR REFUNDING BONDS IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RANCRO CUCAMONGA, CALIFORNIA, did previously undertake proceedings and confirm assessments in a special assessment district pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of Cbe Streets and Highways Code of the State of California, said special assessment district knoen and designated as ANSESSMENT DISTRICT NO. 82-1 (hereinafter referred to as the "Assessment District"); and WHEREAS, isprovement bonds representing the unpaid assessments within said Assessment District were issued and sold in the manner provided in the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California; and W~EEEAS, at this time, the tit7 is desirous of initieting proceedings to refund all outstanding isq~rovemenC bonds pursuant to the "Refunding Act of 1984 for 1915 Improvement Act Bonds", being Division 11.5 of the Streets and Highsays Code of the State of Celifornia, said refunding bonds and district to be designated as ASSESSNRNT DISTRICT NO. 82-1R ( REFUNDING ) (bereinafter referred to as the "Refunding District"); and WHEREAS, tbis Cit7 Council has previously ordered the preparation of a Report, said Report to generally contain the following: A. A schedule setting forth the unpaid principal and interest on the improvement bonds of the original Acsessmment District to be refunded and the total amounts thereof; B. A total estimeted principal amount of the reassessment and of the refunding bonds and the sxximus interest rate thereon, together with an estisate of costs of the resssesssent and of issuing the refunding bonds, including sll costs of issuing the refunding bonds; C. The Auditor°s Record sho~ing the schedule of the principal installments and interest on all unpaid original assessments and the total asounts thereof; reallellmen~ reallellment relllellment; D. The estimeted amount of each reassessment, identified by nu-~er corresponding to the reassessment nun~er on the diagram, together wi~b a proposed AudiCor's Record £or the E, A reassessment diqrsm showing the Refunding District and the boundaries and dimensions of the subdivision of land within the Refunding District; and WHEREAS, this legislative body has now received and considered the "Report" of the Engineer and is ready Co proceed to make certain findings and approve the "Report" of the Engineer. THEREFORE, BE IT RESOLVED AS FOLLYrig: SECTION I: That the above recitals are all true and correct. Resolution No. 86-74 Page 2 SECTIO~ 2: Tha= ~he "Report" of the Engineer entitled "REFUNDING AND REASSESSM[~T ENGINEER°S REPORT' is hereby approved, and it is hereby determined by ~his legislative body that the following conditions bare been satisfied: A. That eacb estimated annual installment of principal and interest on the reassessment for the refunding bonds, as set forth in the "Report", is less than the corresponding installment of principal and interest nov outstanding on the original assessment for the original Assessment District; iS no morn r ef u nd ed; B. That the number of years to maturity of all refunding bonds than the number of years to the last maturity of the bonds being C. That the amounts of any reassessments have been computed by reducing each unpaid original assessment by the same percentage. SECTI~q 3: That the assessments for the refunding bonds and reassessments as set forth in the "Report" are hereby approved and confirmed, and s copy of this Resolution shall be entered upon the minutes of this' meeting of th legislative body. SECT10S 4: This legislative body bnreby authorizes the issuance and sale of refunding bonds to represent ell unpaid reassessments and said bonds shall baa interest at a rate not to exceed the maximum legal rate of 12Z per annum and shall be issued in the manner as provided by Chapter 3 of Division 11.5 of the Streets and Highways Code of the State of California, an specifically the "Refunding Act of 198~ for 1915 Improvement Act Bonds" The last maturity of said refunding bonds shall not exceed the number o years to the last maturity of the bonds being refunded of the original Assessment District. SECTloS 5: The original re4ssessment, toKetber with the reassessment diagram, as set forth in the Refunding and Reassessment Report of the Engineer, shall immediately be recorded in the Office of the Superintendent of Streets Immediately thereef~er, a copy of the reassessment diagram shall be file in the Office of the County Recorder and a Notice of Reassessment, referencing said diqram, shall be recorded in the Office of the Count Recorder, all pursuant to the provisions of Division 4.5 of the Street and Highways Code of the State of California, and specifically Sectis 3114. Upon the recordsCion, the reassessments shall become liens upon the various parcels of property and land assessed as shown on Ch reassessment diqram. SECTloS 6: A copy of tbls Resolution confirming the reassessaents which reassessments shall constitute the security for the refunding bonds, shall be filed in the Office of the Auditor, and the Auditor shall keep the record shoving the several installments of principal and interest on the reassessments which are to be collected each year during the term of said bonds, An annual apportion of each reassessment, together with annual interest on said reassessment, shall be payable in the same manner and at the smme time and in the same installment as the general property taxes of the City and shall be payable and become delinquent at the same time and in the same proportionate mmount, Each year the annual installments shall be submitted to the County Auditor for purposes of collection, and the County Auditor shall, at the close of the tax collecting season, promptly render to the City Auditor a detailed report showing the amount of such installments, interest, penalties and Percentages so collected. Reaolution No. 86-74 Page 3 PASSED, APPROVE:D, and ADOPTED this 2Orb day of March, 1986. AYES: MikeIs, Buquet, King, Dahl, Wright NOES: None ATTEST: ABS~tT: None Authelet, Cit7 Clerk I, BEVERLY A. AUTRRLST, CITY CLERK of the Cit7 of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution eas duly passed, approved, end adopted by the City Council of the City of Rancho Cucamonga, California, aCa regular meeting of said City Council held on the 20tb day of March, 1986. Executed =his 21st day of Retch, 198~ at Rancho Cucamonga, California. ~Auth~ei'et, Cit7 Cl~'~er~'~k~