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HomeMy WebLinkAboutResolutions - No. 84-057RESOLUTION NO. 84-057 BEFORE THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS LODI UNITED DOWNTOWN ASSESSMENT DISTRICT BEAUTIFICATION PROJECT RESOLVED, by the City Council of the City of Lodi, California, that WHEREAS, said Council did on February 22, 1984, adopt its Resolution No. 84-17, a Resolution of Intention to Acquire and/or Construct Improvements, relating to the acquisition and/or construction of public improvements in said City under and pursuant to the provisions of the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of the State of California, and did therein provide that serial bonds would be issued pursuant to the provisions of the Improvement Bond Act of 1915, Division 10 of said Code, reference to said Resolution hereby being expressly made for further particulars; WHEREAS, notice of the recordation of the assessment and of the time within which assessments may be paid in cash has been duly published and mailed in the manner provided by law, and the time so provided for receiving the payment of assessments in cash has expired, and the Director of Finance has signed and filed in his office a list of all assessments which now remain unpaid; and WHEREAS, said Council has duly considered said list and has determined that the same is an accurate statement thereof; NOW, THEREFORE, IT IS ORDERED as follows: 1. That the assessments in said unpaid list which now remain unpaid, and the aggregate thereof, are as shown in Exhibit A, hereto attached, and by reference made a part hereof. 2. That for a particular description of the lots and parcels of land bearing the respective assessment numbers set forth in said unpaid list and upon which assessments remain unpaid, severally and respectively, reference is hereby made to the assessment and to the diagram recorded in the office of the Director of Public Works of said City after confirmation by said Council, the several Lots or parcels of land represented by said assessment numbers being so numbered and designated upon said diagram and assessment as so confirmed and recorded, severally and respectively. 3. The unpaid list is in the amount of $388,720.78, and bonds shall be issued upon the security of said unpaid assessments in said amount and in accordance with the provisions of the Improvement Bond Act of 1915, Division 12 of the Streets and Highways Code of the State of California, and under and pursuant to the provisions of said Resolution of Intention No. 84-17 and the proceedings thereunder duly had and taken; that said bonds shall be in fully registered form only and shall not be de -registerable, shall be numbered in sequence, shall be dated May 24, 1984, shall be in denominations of $1,000 or integral multiples thereof, and their respective interest rates and dates of maturity are as shown in Exhibit B, hereto attached, and by reference made a part hereof. The bonds -1- shall bear interest from May 24, 1984, which shall be payable semi-annually on the second day of January and July in each year, except that the first interest shall be payable on the second day of January, 1985. 4. Said bonds shall be issued in series, and the unpaid assessments as shown on said list filed with the Director of Finance of said City and determined by said Council, together with the interest thereon, shall remain and constitute a trust fund for the redemption and payment of said bonds and of the interest which may be due thereon, which unpaid assessments shall be payable in annual series corresponding to the number of series of bonds issued, and an annual proportion of each assessment shall be payable in each year preceding the date of maturity for each of the several bonds issued, and such proportion of each assessment coming due in any year, together with the annual interest thereon, shall in turn be payable in installments as the general taxes of said City on real property are taxable, and shall become delinquent at the same time and in the same proportionate amounts and bear the same proportionate penalties for delinquency. 5. The Director of Finance shall establish a special reserve fund as additional security for the payment of the bonds as provided in Part 16 of the Improvement Bond Act of 1915 in the amounts and in accordance with the terms of the offer to purchase said bonds dated April 2, 1984 by Wulff, Hansen & Co., the purchaser of said bonds, on file with the City Clerk of said City, to which reference is made for further particulars. 6. Said bonds shall be signed by the City Clerk and Director of Finance of the City, or bear the engraved, printed or lithographed signature of said officers, and the official seal of said City may be affixed to the bonds by printed, lithographed or other reproduction thereof. Said bonds shall be substantially in the form set forth in the Improvement Bond Act of 1915, and are payable at the office of the registrar and paying agent of said City, the Bank of America National Trust & Savings Association, Corporate Trust Department, San Francisco, California. Said Director of Finance and City Clerk are hereby authorized and directed to execute said bonds. 7. Each of said bonds is transferable only upon the registry book to be maintained by the registrar and paying agent upon surrender of the bond duly endorsed or accompanied by a written instrument of transfer satisfactory to said registrar and paying agent and executed by the registered holder thereof, or by attorney duly authorized in writing, and thereupon one or more new fully registered bonds of authorized denominations and of the same maturity, aggregating the principal amount of the bond surrendered for transfer, shall be issued to the transferee or transferees in exchange therefor, and upon payment of the City's and registrar's reasonable charges, if any, including any tax or governmental charge that may be imposed in connection with such transfer and exchange. No such transfer and exchange shall be required to be made between the June 17th or December 18th next preceding an interest payment date and such interest payment date, nor after notification to the registrar of a temporary suspension period pending selection of bonds for call and redemption, nor as to such bonds selected for call and redemption. Bonds so transferred shall bear interest from May 24, 1984, or the date prior to transfer to which interest has been paid, whichever is later. -2- 8. The City Council covenants with the holders of said bonds to be issued herein that it will, within one hundred fifty (150) days following the due date of arty delinquent installment of assessments securing the bonds, commence and thereafter diligently prosecute to completion a foreclosure action regarding such delinquent installment of assessment. 9. That the City Clerk shall forward to the Director of Finance and County Auditor a certified copy of this Resolution. DATED: iVlay 16, 1984. I, ALICE M. REIMCHE, City Clerk of the City of Lodi, do hereby certify that Resolution No. 84- 057 was passed and adopted at a regular meeting of the City Council of the City of Lodi, held May 16, 1984, by the following vote: AYES: Councilmen- Hinchman, Pinkerton, Olson, Reid, and Snider (Mayor) NOES: Councilmen - None ABSENT: Councilmen - None ABSTENTIONS: Councilmen - &Et. - i> Clerk ALICE R IMURE, City Clerk -3- Assessment No. LODI UNITED DOWNTOWN ASSESSMENT DISTRICT BEAUTIFICATION PROJECT CITY OF LODI, CALIFORNIA LIST OF UNPAID ASSESSMENTS Description Amount County Assessor's Parcel No. 1 043-022-05 $4,420.50 4 043-024-03 560.47 5 043-024-02 588.50 6 043-024-01 1,749.77 7 043-024-04 1,800.76 11 043-032-06 676.89 12 043-032-07 1,398.26 13 043-034-08 864.78 14 043-043-01 2,198.13 15 043-043-02 350.24 17 043-043-12 900.23 21 043-042-04 1,443.72 22 043-050-05 928.14 23 043-050-06 928.14 24 043-050-16 1,055.05 25 045-020-53 893.55 26 045-210-01 3,151.02 29 043-050-18 20,294.30 30 . 043-050-17 8,786.61 31 , 043-044-05 3,870.49 32 043-044-I2 638.00 34 043-044-04 11,830.50 37 043-043-09 4,373.41 38 043-043-08 8,678.06 39 043-043-07 8,678.06 42 043-034-07 4,383.85 43 043-034-06 4,343.81 44 043-034-05 5,104.74 45 043-034-04 11,418.60 47 043-032-18 9,360.10 48 043-032-05 3,129.94 49 043-032-04 5,351.59 51 043-031-05 3,828.49 54 043-033-09 6,856.13 55 043-033-08 1,470.38 56 043-033-07 1,441.55 57 043-033-06 2,277.64 58 043-033-10 229.68 61 043-033-04 4,117.34 62 043-033-03 8,536.61 63 043-024-09 6,806.76 64 043-024-08 3,376.79 66 043-024-06 5,513.12 67 043-024-05 15,539.50 68 043-026-01 11,731.80 69 043-026-02 9,320.82 70 043-026-15 5,633.89 71 043-026-13 4,281.27 72 043-026-12 4,281.27 73 043-026-14 6,856.13 74 043-035-01 4,356.92 75 043-035-02 4,098.40 76 043-035-31 3,245.47 77 043-035-30 3,419.95 78 043-035-29 4,857.89 84 043-036-20 13,961.90 86 043-036-03 3,500.22 87 043-036-19 2,898.91 89 043-036-16 5,340.53 EXHIBIT A, Page 1 LODI UNITED DOWNTOWN ASSESSMENT DISTRICT BEAUTIFICATION PROJECT CITY OF LODI, CALIFORNIA LIST OF UNPAID ASSESSMENTS Assessment No. Description Amount County Assessor's Parcel No. 91 043-036-14 $ 958.29 92 043-046-01 3,991.04 93 043-046-05 1,414.52 94 043-046-06 2,232.05 95 043-046-03 3,062.85 96 043-046-04 4,083.80 97 043-046-15 4,857.89 98 043-046-14 4,857.89 99 043-046-13 4,857.89 100 043-050-10 4,857.89 101 043-050-13 10,049.70 104 045-210-08 1,448.45 105 045-210-09 1,151.44 106 043-050-12 2,363.48 110 043-046-09 1,074.54 111 043-046-08 742.81 112 043-046-07 843.44 113 043-045-07 765.96 114 043-045-06 765.95 115 043-045-05 2,365.85 118 043-036-11 1,429.80 119 043-036-10 778.73 121 043-036-08 612.77 122 043-036-07 919.15 123 043-036-06 765.90 124 043-036-05 2,365.85 125 043-035-17 1,599.89 126 043-035-16 765.96 127 043-035-15 995.75 128 043-035-14 536.17 129 043-035-13 765.97 130 043-035-12 758.87 136 043-035-06 1,599.89 137 043-026-11 845.85 138 043-026-10 1,409.75 140 043-026-09 101.91 141 043-026-08 1,093.22 142 043-026-07 979.70 143 043-026-06 1,343.18 144 043-026-03 1,507.63 145 043-026-05 912.24 146 043-026-04 1,693.28 147 043-028-01 _ 1,472.05 149 043-028-03 666.10 150 043-028-04 666.10 151 043-028-05 666.10 153 043-028-07 1,332.20 154 043-028-08 2,517.80 155 043-028-09 175.43 157 043-047-04 6,845.75 158 043-047-05 350.08 159 043-048-01 2,886.43 160 043-048-02 2,442.36 161 043-048-03 1,554.23 162 043-048-04 2,728.27 163 043-035-27 1,961.05 TOTAL $388,720.78 EXHIBIT A, Page 2 BOND MATURITY SCHEDULE LODI UNITED DOWNTOWN ASSESSMENT DISTRICT BEAUTIFICATION PROJECT CITY OF LODI, CALIFORNIA BOND SERIES 1984-1 $388,720.78 Interest Rate Annual Amount Maturity Date 6.50% $3,720.78 July 2, 1985 7.00% $15,000. July 2, 1986 7.50% $15,000. July 2, 1987 8.00% $20,000. July 2, 1988 8.75% $20,000. July 2, 1989 9.00% $20,000. July 2, 1990 9.15% $25,000. July 2, 1991 9.25% $25,000. July 2, 1992 9.50% $25,000. July 2, 1993 9.60% $30,000. July 2, 1994 9.70% $30,000. July 2, 1995 9.80% $35,000. July 2, 1996 9.85% $40,000. July 2, 1997 9.90% $40,000. July 2, 1998 9.90% $45,000. July 2, 1999 EXHIBIT B DECLARATION OF !MAILING NOTICE TO PAY ASSESSMENTS LODI UNITED DOWNTOWN ASSESSMENT DISTRICT BEAUTIFICATION PROJECT CITY OF LODI, CALIFORNIA I, the undersigned, declare and say: That I am a citizen of the United States and over the age of eighteen (18) years. That for and on behalf of the Director of Public Works of the City of Lodi, I mailed on April 7, 1984 to each person owning real property in the assessment district at his last known address as it appears on the tax rolls of said City or on file in the office of the City Clerk, or to both addresses if they were not the same, or to general delivery when no address appeared, a statement containing a designation by street number or other description of property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the date of recordation of said assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement that bonds will be issued upon unpaid assessments pursuant to the provisions of the Improvement Bond Act of 1915, Division 12 of the Streets and Highways Code of' the State of California, in form a copy of which notice is hereto attached and marked Exhibit A, and by reference made a part hereof. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 1, 1984, at Stockton, California. MARIAN R. FREEMAN LODI UNITED DOWNTOWN ASSESSMENT DISTRICT BEAUTIFICATION PROJECT CITY OF LODI, CALIFORNIA LIST OF UNPAID ASSESSMENTS WHEREAS, an assessment and diagram was recorded in the office of the Director of Public Works of the City of Lodi on April 5, 1984, for the acquisition and/or construction of the improvements described in Resolution No. 84-17, a Resolution of Intention to Acquire and/or Construct Improvements, adopted by the City Council of said City on February 22, 1984; and WHEREAS, notice of the recordation of said assessment and of the time and place where and within which said assessments were to be paid has been duly given in the time and form provided by law, the time for payment of assessments in cash has expired, and a portion of said assessments remains unpaid; NOW, THEREFORE, I, the undersigned Director of Finance of said City, do hereby certify that the list hereinafter set forth is a true, correct and complete list of all assessments unpaid upon said assessment, and is hereby made and filed by me according to law, and said list with the respective assessment and diagram numbers of the lots or parcels of land assessed, and the amounts unpaid thereon, is as hereinafter set forth. The total or aggregate amount of assessments unpaid is $388,720.78. IN WITNESS WHEREOF, I have hereunto set my hand this Ilth day of May, 1984. Director of Finance, City of Lodi Assessment No. LODI UNITED DOWNTOWN ASSESSMENT DISTRICT BEAUTIFICATION PROJECT CITY OF LODI, CALIFORNIA LIST OF UNPAID ASSESSMENTS Description Amount County Assessor's Parcel No. 1 043-022-05 $4,420.50 4 043-024-03 560.47 5 043-024-02 588.50 6 043-024-01 1,749.77 7 043-024-04 1,800.76 11 043-032-06 676.89 12 043-032-07 1,398.26 13 043-034-08 864.78 14 043-043-01 2,198.13 15 043-043-02 350.24 17 043-043-12 900.23 21 043-042-04 1,443.72 22 043-050-05 928.14 23 043-050-06 928.14 24 043-050-16 1,055.05 25 045-020-53 893.55 26 045-210-01 3,151.02 29 043-050-18 20,294.30 30 043-050-17 8,786.61 31 043-044-05 3,870.49 32 043-044-12 638.00 34 043-044-04 11,830.50 37 043-043-09 4,373.41 38 043-043-08 8,678.06 39 043-043-07 8,678.06 42 043-034-07 4,383.85 43 043-034-06 4,343.81 44 043-034-05 5,104.74 45 043-034-04 11,418.60 47 043-032-16 9,360.10 48 043-032-05 3,129.94 49 043-032-04 5,351.59 51 043-031-05 3,828.49 54 043-033-09 6,856.13 55 043-033-08 1,470.38 56 043-033-07 1,441.55 57 043-033-06 2,277.64 58 043-033-10 229.68 61 043-033-04 4,117.34 62 043-033-03 8,536.61 63 043-024-09 6,806.76 64 043-024-08 3,376.79 66 043-024-06 5,5I3.12 67 043-024-05 15,539.50 68 043-026-01 11,731.80 69 043-026-02 9,320.82 70 043-026-15 5,633.89 71 043-026-13 4,281.27 72 043-026-12 4,281.27 73 043-026-14 6,856.13 74 043-035-01 4,356.92 75 043-035-02 4,098.40 76 043-035-31 3,245.47 77 043-035-30 3,419.95 78 043-035-29 4,857.89 84 043-036-20 13,961.90 86 043-036-03 3,500.22 87 043-036-19 2,898.91 89 043-036-16 5,340_53 EXIHIBIT A, Page 1 LODI UNITED DOWNTOWN ASSESSMENT DISTRICT BEAUTIFICATION PROJECT CITY OF LODI, CALIFORNIA LIST OF UNPAID ASSESSMENTS Assessment No. Description Amount County Assessor's Parcel No. 91 043-036-14 $ 958.29 92 043-046-01 3,991.04 93 043-046-05 1,414.52 94 043-046-06 2,232.05 95 043-046-03 3,062.85 96 043-046-04 4,083.80 97 043-046-15 4,857.89 98 043-046-14 4,857.89 99 043-046-13 4,857.89 100 043-050-10 4,857.89 101 043-050-13 10,049.70 104 045-210-08 1,448.45 105 045-210-09 1,151.44 106 043-050-12 2,363.48 110 043-046-09 1,074.54 111 043-046-08 742.81 112 043-046-07 843.44 1I3 043-045-07 765.96 114 043-045-06 765.96 115 043-045-05 2,365.85 118 043-036-11 1,429.80 119 043-036-10 778.73 121 043-036-08 612.77 122 043-036-07 919.15 123 043-036-06 765.96 124 043-036-05 2,365.85 125 043-035-17 1,599.89 126 043-035-16 765.96 127 043-035-15 995.75 128 043-035-14 536.17 129 043-035-13 765.97 130 043-035-12 758.87 136 043-035-06 1,599.89 137 043-026-11 845.85 138 043-026-10 1,409.75 140 043-026-09 101.91 141 043-026-08 1,093.22 142 043-026-07 979.70 143 043-026-06 I,343.18 144 043-026-03 1,507.63 145 043-026-05 912.24 146 043-026-04 1,693.28 147 043-028-01 1,472.05 149 043-028-03 666.10 150 043-028-04 666.10 151 043-028-05 666.10 153 043-028-07 1,332.20 154 043-028-08 2,517.80 155 043-028-09 175.43 157 043-047-04 6,845.75 158 043-047-05 350.08 159 043-048-01 2,886.43 160 043-048-02 2,442.36 161 043-048-03 1,554.23 162 043-048-04 2,728.27 163 043-035-27 1,961.05 TOTAL $388,720.78 EXHIBIT A, Page 2