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HomeMy WebLinkAboutRESO 5619• l028A JHHW:K9'1 RESOLUTION NO. 5619 A RESOLUTION DETERMINING UNPAID ASSESSMENTS ANO PROVIDING FOR ISSUANCE OF BONDS UNDERGROUND UTILITIES CDHVERSIOH UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 19 11/21/78 ORIGINAL RESOLVED, by the Council of the City of Palo Alto, California, that WHEREAS, this Council did on October 25, 1977, pass ar.d ~dopt 1ts Resolution No. 5472, A Resolution of Preliminary Oeterminat:::..1 and of Intention relating to the acquisition and construction of public improvements under and pursuant to the provisions of the Palo Alto Munjcipal Code, and did therein provide that serial bonds would be issued thereunder pursuant to the provisions of Bond Plan B, Section 13.16.110 of the Palo Alto Municipal Code, analagous to the Improvement Bond Act of 1915, reference to said Resolution cf Prelminary Determination and of Intention hereby being expressly made for further particulars; • WHEREAS, notice of the recordation 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 so provided for receiving pa~ent of assessments in cash expired, and a list of all assessments which remained unpaid has been made and filed with the City Treasurer; and WHEREAS, this Council duly considered said list and determined that the same was an accurate statement thereof; NOW, THEREFORE, IT IS HEREBY ORDERED, as follows: 1. List of Unpaid Assessments. That the assessments now remaining unpaid are as shown on said 1 ist and on Exhibit "A11 attached hereto and by this reference made a part hereof, that· the aggregate amount thereof is $5, 121.77, and that for a particular description of the lots or parcels of land bearing the respective assessment ·numbers set forth in said list, ·reference is hereby made to the assessment and to the diagram recorded in the · off ice of the Superintendent of Streets of this City after confirmation . thereof by this Council. 2. Issuance of Bonds. Bonds in the aggregate principal amount of . . $5,121.77 shall be issued as hereinafter·provided upon the security of said unpaid assessments in accordance with the provisions of Bond Plan 8, Section 13. 16. 110 of the Palo Alto Municipal Code, analagcus to the Improvement Bond Act of 1915 (Division 10 of the Street and Highways Code) and under and pursuant to the provisions of said Resolutjon of Intention _and the proceedings thereunder auly had and taken. Said bonds shall be known as .. Improvement Bonds, City of Palo Altc Undergroun: Utility Assessment Dist~ict No. 19, Series , 11 and sha 1l be dated Oec~:-:.=>er 2, 1978. Said bonds sha 11 be --- issued as coupon bonds, registrable as to principal and interest or as to principal only, be numbered and of the denominations and mature in the amounts and on the dates set· forth in Exhibit 11 811 attached hereto and by this reference made a part hereof. 3. Interest. Said bonds shall -bear interest from their date at the rate or rates determined by this Council at the time of sale of said bonds (not to exceed 8% per annum), payable co111T1ercing on Janl!ary 2., 1980, and ~ semiannually thereafter on July 2 and January 2 of each year to maturity. Each bond wi 11 continue to bear interest after maturity at the rate stated therein, provided it is presented at maturfty and payment thereof is refused on the sole ground that there is not sufficient money in -the redeq>tion fund with which to pay same; if it is not presented at maturity, interest thereon will run only until maturity. 4. Payable. The principal of and interest on said bonds shall be payable in lawful money of the United States of America at the office of the City Treasurer, City Hall, Palo Alto, California. Principal and interest on .any fully registered bonds and principal on ·any bonds registered as to principal only shall be paid to "the registered owner by check or warrant mailed to the address entered in the re~istry book provid~d for herein. 5. FOT'f!. The coupon bonds, the registration endorsement thereon and the coupons to .be attachE:d to such bonds s_~art be substantially 1n the forms set forth in Exh.ibit "C" attached hereto and incorporated herein by reference, the blank spaces therein to be filled in to conform to the provisions of this resolution. • . , • ~ 6. Execution. The bonds shall be executed on behalf of the City and under its official seal by the Treasurer and by the Clerk of the City, and the coupons attached to the coupon bonds sha 11 be executed by the Treasurer whose signature may be r·~produced on the bonds and on the coupo.ns by engraved, printed or lithographed facsimile thereof, and the official seal may be placed on the bonds in lii<e manner; such signing and sealing shall constitute and be a ·sufficient and binding execution of each and every one of said bonds and of any coupons thereof, respectively. lf any officer whose signature apears o~ the bonds or on any coupons thereof1 ceases to be su.ch offir.er before the delivery of the bonds to the purchaser thereof, such signature shall be as valid as if such officer had remained in office until the delivery of the bonds. 7. Preparation and Oeliverx of Bond~. The Treasurer is hereby directed to cause said bonds to be prepared in accordance with this. resolution and to deliver same upon their completion and execution to the purchaser thereof, upon receipt of the purcha3e price therefor, and upon the performance of the conditions contained in the accepted bid for the bonds, as determined by this Council. 8. Proceeds of Sale of Bonds. The proceeds received from the sale ~f the bonds, including any premium, shall be placed ir the fund for the_ acquisition and/or construction of the project (herein the "Improvement Fund"), except that any interest accrued from the date of the bonds to the date of delivery thereof shall b.e placed in the redemption fund provided for herein, All mcneys in the Improvement Fund shall be withdrawn only upon checks or warrants of the City, and shall be applied exclusively to the payment of the cost of the acquisitions and/or improvements described in the proceedings herein ref erred to, as now or hereafter amended or changed, and all axpenses incidental theretu. Any surplus remaining after payment of all . costs and all legal charges, claims and expenses shall be used as set forth in said proceedings; 9. Redemption Fund. The Treasurer sha 11 keep a redemption funrt designated by the name of the bonds, into which sha 11 be p 1 aced any accrued interest and all sums received from the colleGtion of unpaid assessments provided for in Section 11 hereof, and of the interest and pendlties thereon, and from which fund disbursement shall be made to pay the principal of the bonds and the interest due thereon. 10. Bond Register. The Treasurer shall keep or cause to be kept a . register showing the series, nurr.ber, date, amount, rate of interest, the last known holder of each bond, and the number and amount of each interest coupon paid. The Treasurer shall ca~cel or cause to be canceled each bond and coupon paid. 11. Collection. of .Unpaid Assessments. The unpaid assessments shown on said list, together with the interest thereon, shall be payable in annual series corresponding in number to the number Gf serial maturities of the bonds issued. An annual proportion of each unpaid assessment shal 1 be payable in each year preceding the date of maturity of each of the several series of ,bonds issued, sufficient to pay the bonds when due, and such proportion of each unpaid assessment coming due in any year, together w1th the annual interest thereon, shall be payable in the same manner and at the same time and· in the same installments as the general taxes of the City on real property are payable, and become delinquent at the s&ne times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property with"in the City. All sums received from the collection of said unpcid ·assessments and of the interest and penalties thereon sha.ll be pla.ced in the redemption. fund provided for herein. 12~ · Redemp_tion Prior to Maturity. Each bond outstan~ing may be redeemed and paid in advance of· maturity upon the second day of Jany~ry or ~· July in any year by g1v1ng at least 60 days notice <Jnd by paying the prfocipal amount thereof together with a premium equal to 5% of the principai plus .interest to the date of advanced maturity, unless sooner surrendered, in which event said interest will be paid to the date of paym~nt, all in the manner and as provided in Bond Plan G. , The Treasurer shall call for redemption and retire bonds upon prepayment of assessments in amount$ sufficient th~refor, or whenever sufficient surplus funds are availab1e therefor fo the redemption fund. In selecting bonds for retirement, the lowest numbered bonds of the various annual maturities shall be chosen pro rat:a in a manner intended to disturb as little as possib1e the relationship of unpaid assessments to bonds cut5tanding. 13. Registration Book. An appropriate book shall be kept in the office of the Paying Agent, as bond registrar, showing at all times what bonds are registered and in whose names, and, upon presentation of the bonds for such purpose, the Paying ~gent 5hal1, and under such reasonable regulations as the Paying Agent may prescribe, register or transfer or cause to be registered or transferred$ in said regis~ry book, the bonds as herein provided. 14. ~egistration and Transfer of Ccuoon Bonds. Each coupon bond herein authorized may be registered as to both principal and interest or as to .. Principal only, upon the written request of the holder and upon presentation of the bond to the Paying Agent for such purpose. (a) Principal and Interest. When a coupon bond is presented for registration as to both principal and int~rest, the coupons shall be removed therefrom and canceled (or preserved in a place of safekeeping, at the option of the Paying Agent), and the number of the bond, the name and address of the holder in whose name it is to be registered. the date of such registration and ·a notation that the bond is registered as to both principal and inerest shal 1 be entered in the registry book t .and appropd ate endorsement thereof shall be made by the Paying Agent in the space provided therefor on the back of the bond. . Until such registration fa discharged as hereinafter provided, the interest when due shall be payable only to the registered owner and the principal when due shall be payable only to such owner upon surrender of the bond to the Paying Agent. (b) Principal Onl_t. When a coupon bond is presented for registration as to principal cnly, the entries specified in the preceding paragraph shall be made in the registry. book and on the bond, except that a notation in said book and on said bond shall indicate that the bond is registered as to principal only. In such case, .the coupons remain negotiable and transferable by delivery and -~'lall not be removed from the bond. Interest on such bond sha 11 be paid to or upon the order of the person presenting the coupons for payment; principal, however, shall be paid only to the registered owner upon surrender of such bond to the Paying Agent • . (c) Transfer. A registered coupon bond may be transferred only by the . registered owner. in person or by attorney duly authorized in writing, by a written instrument of transfer in form acceptable to the Paying Agent, and by the Paying Agent endorsing such transfer on th~ bond and in the registry book. No transfer shall. be required to be made during the fifteen ( 15) days next preceding an interest payment date. (d) Discharge from Registration. A registered coupon bond may be discharged from registration upon written request of the registered owner. In such case, the Paying Agent shall transfer the bond to bearer by appropriate _ endorsement on the bond and in the registry book, cause all unmatured coupons that have been remoyed ·from the bond to be reattached to the bond (such ·coupons to be reprinted, if necessary), ~nd deliver the bond and coupons to the owner~ and thereupon negotf ability and transf erabi 1 ity by de 1 i very sha 11 b·e restored. (e) Reregistration. Coupon tonds that have been discharged from registration are subject to successive registrations and· transfers in the manner heretofore provided. {f) Charges. The person r.equesting registration, transfer or discharge from registration of coupon bonds shall, as a . condition precedent to the exercise of such privilege, pay the reasonable charges of the Paying Agent therefor, 1f any, including any cost of reprinting the coupons and any tax .or other governmental cha~ge required to be paid with respect thereto. 15. Non-Arbitrage Covenant. The City hereby covenants with the holders . of the.bonds that it will make no use of the proceeds of the bonds at any time during the term thereof which, if such use had bean reasonably expected on thg date the bonds were issued, would have caused the bonds to be arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as • amended, and the Temporary and Proposed Treasury Regulations promulgated thereunder. 16. Certificate as to Non-Arbitruge. On the basis of the facts, estimates and circumstanc~s now in existence and in existence on the date of issue of the bonds, as ·determined by the Treasurer, said Treasurer is authorized to certify that it is not expected that the proceeds of the issue . will be used in a manner that would cause such obligations to be arbitrage bonds. Such certification shall be delivered to the purchaser at the time of delivery and payment for the bonds. 17 •. Certified Cop.ies. The City Clerk shall furnish a certified copy of this r-esolution to the Treasurer and to the Controller of Santa Clara County and to the Paying Agent. * * * * * * * * * * I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Council of the City of Palo Alto, California, at a meeting thereof held on the 4th day of December ., 1978, by the following vote of the.~embers thereof: ~ AYES,, and in favor thereof, Councilmembers: Brenner, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher, Witherspoon NOES, Councilmembers: ABSENT, Counciimembers: NOT PARTICIPATING: APP~ED:_~:::; ~---~ Mayor \ None · Carey None .. Diagram and Assessment Number 2 5 6 9 10 11 12 13 LIST OF UNPAID ASSESSMENTS CITY OF PALO ALTO UNDERGROUND UTILITIES CONVERSION UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 19 Assessor's Parcel No. 120-27-64 120-47-2 120-47-3 120-47-6 120-47-7 120-27-68 120-27-67 120-27-66 EXHIBIT 11A" Miount of Unpaid Assessment $ 597.65 334. 15 334. 16 334. 16 334. 16 1,593.75 796.87 796.87 $5, 121.77 CITY OF PALO Al.TO UNDERGROUND UTILITIES CONVERSION UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 19 $5, 121.77 IMPROVEMENT BONDS, SERIES Total Maturity Bond Numbers Principal Date (Inclusive) Denomination Amount (July 2} · 1 $ 121. 77 $ 121.77 1980 2 1,000.00 1,000.00 1981 3 1,000.00 ~11000.00 1982 4 1,000.00 1,000.00 1983 5 1,000.00 1,000.00 1984 6 1,000.00 l 11000.00 . 1985 'EXHIBIT "B" .. ., • • BONO FORM. The bonds shall be substantially in the following form: UNlTfO STATES Of AMERICA STATE OF CALIFORNIA COUNTY Of SANTA CLARA BOND NO. IMPROVEMENT BOND CITY OF PALO ALTO UNDERGROUND CONVERSION PROJECT UNDERGROUND UTILITY ASSES$ME~ff DISTRICT t:a. 19 SERIES ----$ ______ _ Under and by virtue of Bond Plan B, Section 13. 16. 110 of the Palo Alto Municipal Cede, analagous to the Improvement Bond Act of 1915, Division 10 of the Streets and High1'lays Code~ the City of Palo Alto, State of California, wi 11, on the second day of .July, __ , out of the redemption fund for the payment of the bonds issued upon the unpaid portion of the assessments made for the acquisition, work and inprovernents more fully described in the proceedings taken pursuant to Resolution No. 5472, A Resolution of Preliminary Determination and of Intention, adopted by the Council of said City on the 25th day of October: 1977, pay to bearer (or, if this bond is registered as herein provided, to the registered owner hereof} the sum of Dollars ($ _____ ) with interest thereon from the second day of December, -1978, at the rate of six and 91/100 percent (6.91%} per annum, ail as is hereir'lafter specified, tlnd at the off ice of the Treasurer of said City. This bond is one of several annual series of bonds of like date, tenor and effect, but differing in amounts and maturities, issued by said City under said law for the purpose of providing means for paying for the acquisition, work and improvements described in said proceedings, and is secured by the moneys in said redemption fund and by the unpaid portion .of the assessments made for the payment of said acquisition, work and improvements, and, including principal and interest, is payable exclusively out of said fund. The interest is payable semiannually, to wit: On the second days of January and July in each year hereafter, upon presentation of the proper coupons therefor; provided, that the first of said coupons is for the intere~t to the second day of January~ ·1980, and thereafter the interest coupons are for the semiannual interest. This bond wil 1 cent; nue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there is not sufficient money in said redemption fund with which to pay same; if it is not presented at maturity, interest thereon will run until maturity. This bond may be registered as to principal and interest or as to principal only, with the privilege of transfer, discharge from registration and successive registration, upon written request of the owner and presentation of the bond to the Treasurer, who shall be the Registrar therefor t and payment of the charges t if any, a 11 as set for th in the resolution providing for the issuance hereof. EXHIBIT 11C11 • This bond ma~e redeemed and paid in adv. of maturity upon the second day of January or July in any year by giving the notice provider! in said law and by paying principal and iccrucd interest together with a premium equal tll five per centum of the principal. IN WITNESS WHEREOF, said City of PJlo Alto has caused this bond to be signed by the Treasurer of safd City and by its Clerk, has caused the coupons attached hereto to be signed by the Treasurer, and has caused its Clerk to affix hereto its official seal, all on the second day of December, 1978. Treasurer Clerk {SEAL) COUPON FORM. The coupons to be attached to the bonds shall be substantially in the following form: On the second day of , 19 CITY OF PALO ALTO, Ca1if.ornia, will pay to ----- bearer the swn hereon (unless the herein designated bond is redeemed prior thereto) $ ________ _ at the principal office of its Paying Agent, Bank of America National Trust and Savings Association, in San Francisco, California, Coupon No. ----- as interest on Improvement Bond Underground Utilities Conversion, Underground Utility Assessment District No. 19, Series ___ Bond No. ------ Treasurer of the City of Palo Alto REGISTRATION FORM. The form of endorsement for registration on the· bonds shall be substantially as follows: This bond is registered in the name of the registered owner last entered b2low and both the principal of and interest on this bond are payable only to such owner9 unless registered as to principal· only, in which event only the principal is so payable; provided that this bond may be registered to bearer and thereby discharged from registration and the negotiability hereof restored. Note: No writing below except by the Registrar. Date of Registry Type of Registration* Principal only and Interest Principal only and Interest Principal only and Inter,est Pri nci p.:i 1 on iy and Interest Name and Address of Registered Owner Signature of Registrar *If registreation is as to principal only, strike the words "and Interest"; if as to principal ·and iterest, strike the word 11on1y0 • EXHIBIT 11C11 (ii} I . ..