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HomeMy WebLinkAbout93-085 - ResolutionsRESOII3TIONNO. 93-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO O3C2940NGA, CALIFORNIA, APPROVING REFUND~ AND REASSESSMt~T REPORP OF ~:~GINk~R AND CONFIRMING REASSESSMtl~TS FOR REFUNDING BONDS IN A SPt~IAL ASSESSMt~T DISTRICT WHEREAS, the CITY COUNCIL of the CITY of RANCHO C%3CAMONGA, CALIFORNIA, did previously undertake proceedings and confirm assessments in a special assessment district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", being Part 2 of Division 15 of the Streets and Highways Code of the State of California, said special assessment district known and designated as ASSESSMenT DISTRICT NO. 85-PD (hereinafter referred to as the "Assessment District"); and WHEREAS, improvement bondsrepresentingtheunpaid assessmentswithin 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 Highvzays Code of the State of California; and, WHEREAS, at this time, this legislative body has initiated proceeding to refund all outstanding improvement bonds pursuant to the "Refunding B~t of 1984 for 1915 Improvement Act Bonds", being Division 11.5 of the Streets and Highways Code of the State of California, said refunding bonds and district to be designated as ASSESSMt~ DISTRICT NO. 85-PD-R (REFUNDING) (hereinafter referred to as the "Refunding District"); and, WHEREAS, this legislative body ham 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 Assessment District to be refunded and the total amounts thereof; B. A total estimated principal amount of the reassessment and of the refunding bonds and the maximum interest rate thereon, together with an estimate of costs of the reassessment and of issuing the refunding bends, including all costs of issuing the refunding bonds; C. The Auditor's Record showing the schedule of the principal installments and interest on all unpaid original assessments and the total D. The estimated amount of each reassessment, identified by reassessment number corresponding to the reassessment number on the reassessment diagram, together with a proposed Auditor's Record for the reassessment; E. A reassessment diagram showing the Refunding District and the boundaries and dimensions of the subdivision of land within the Refunding District; and, WHEREAS, this legislative body ham now received and considered the "Rmport" of the Engineer and is ready to proceed to make certain findings and approve the "Report" of the Engineer. Resolution No. 93-085 Page2 NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: S~CTION 1. That the above recitals are all true and correct. S~2TION 2 That the "Report" of the Engineer entitled "REFUNDING AND REASSESSMS~T ~G~' S REPORT" is hereby approved, and it is hereby determined by this legislative body that the following conditions have been satisfied: A. That each estimated annual installment of principal and interest on the reassessment is less than the corresponding annual installment of principal and interest on the portion of the original assessment being superceded and supplanted by the same percentage for all subdivisions of land within the Assessment District; B. That the number of years to maturity of all refunding bonds is no more than the number of years to the last maturity of the bonds C. That the principal amount of the reassessment on each subdivision of land within the Assessment District is less than the unpaid principal amount of the portion of the original assessment being superceded and supplanted by the same percentage for each subdivision of land within the Assessment District. SECTION 3. That the reassessments for the refunding bonds and the contributions from the existing funds of the Assessment District, set forth in the "Report", are hereby approved and confirmed, and a copy of this Resolution shall be entered upon the minutes of this meeting of the legislative body. S~LTION 4. This legislative body hereby authorizes the issuance and sale of refunding bonds to represent all unpaid reassessments pur~ant to the terms and conditions of the Bond Indenture previously approved by this legislative body and the Bond Purchase Agreement approved by this legislative body on this date; provided further that said bonds shall bear interest at a rate not to exceed the maximum legal rate of 12% per annum, and shall also 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, and specifically the "Refunding Act of 1984 for 1915 Impovement Act Bonds". The last maturity of the bonds being refunded of the original Assessment District. S~fION 5. The original reassessment, together with the r t 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 thereafter, a copy of the reassessment diagram shall be filed in the office of the County Recorder and a Notice of Proassessment, referencing said diagram, shall be recorded in the office of the County Recorder, all pursuant to the provisions of Division 4.5 of the Streets and Highways Code of the State of California, and specifically Section 3114. Upon the recordation, the reassessments shall become liens upon the various parcels of property and land assessed as shwon on the reassessment diagram. Resolution No. 93-085 Page 3 SfL~I~ION 6. A copy of this Resolution confirming the reassessment, which r ts shall constitute the security for the refunding bonds, shall be filed in the Office of the Trea.~/rer, and the Treasurer shall keep the record showing the several installments of principal and interest on the r ts 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 same time and in the same installment as the general property taxes of the County and shall be payable and become delinquent at the same time and in the same proportionate amount. Each year the annual installmetns shall be submitted to the County Auditor for pruposes of collection, and the County Auditor shall, at the close of the tax collecting season, promptly render to the Treasurer a detailed report showing the amount of such installments, interest, penalties and percentages so collected. SECTION 7. The lien of the original assessments shall not be superceded and supplanted as to all unpaid installments of assessments originally levied and the penalties and interest thereof. For purposes of this Section, "unpaid installments" means installments which are delinquent and those which are or may be posted to the tax roll for the fiscal year during which the reassessment herein is confirmed. SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and thereupon and thereafter the same shall take effect and be in full force. PASSED, APPROVED, and ADOPTHD this 21st day of April, 1993. Alexander, Gutierrez, Stout, Williams NOES: None ABSf]gT: ~_quet Dennis L. St.~:~t, Mayor Debra J. Adam~, City Clerk Resolution No. 93-085 Page 4 I, DEBRA J. ADAMS, CITY CLWRK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution w~s duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 21st day of April, 1993. Executed this 8th day of April, California. 1993, at Rancho Cucamonga, 'Debra J. ~a~s, City Clerk