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HomeMy WebLinkAboutRES NO 124-86RESOLUTION NO. 124-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS IN THE MATTER OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-3 RESOLVED, by the Council of the City of Bakersfield, California, that: WHEREAS, on June 18, 1986, this Council passed and adopted Resolution of Intention No. 1005, to order acquisition and improvements (herein "Improvements") under and pursuant to the provisions of the Municipal Improvement Act of 1913 and there- in provided that serial bonds would be issued thereunder pursuant to the provisions of the Improvement Bond Act of 1915, reference to said Resolution of Intention hereby being made for further particulars; and 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 payment of assessments in cash was waived by the owners of all the property proposed to be assessed, and the Finance Director of the City of Bakersfield, the official who has been designated by this Council as Collection Officer for cash payments of said assessments, has filed herewith for presen- tation to the Council a list of all assessments which remain un- paid; and WHEREAS, this Council duly considered said list and determined that the same was an accurate statement thereof; NOW, THEREFORE, iT IS HEREBY DETERMINED AND ORDERED, as follows: 1. List of Unpaid Assessments. The assessments now re- maining unpaid are as shown on said list and on Exhibit "A" attached hereto and by this reference is made a part hereof; aggregate amount thereof is $2,845,000, and for a particular the 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 office of the Director of Public Works of this City after confirmation thereof by this Council. 2. Issuance of Bonds. Bonds in the aggregate principal amount of $2,845,000 shall be issued as hereinafter provided upon the security of said unpaid assessments in accordance with and under and pursuant to the provisions of said Resolution of Inten- tion and the proceedings thereunder duly had and taken. The bonds herein provided to be issued shall be known as "Improvement Bonds, City of Bakersfield, Improvement District No. 86-3", and shall be dated the date of delivery in 1986, if other than August 13, 1986. Said bonds shall be issued in fully registered form, be numbered and of the denominations and mature in the amounts and on the dates set forth in Exhibit "B" attached hereto and by this reference made a part hereof. The Bank of America, N.T. & S.A., San Francisco, California, is hereby designated Transfer Agent, Registrar and Paying Agent (the "Agent") for the City with respect to said Bonds. 3. Payment. of Bonds. Said bonds shall bear interest at the rate or rates determined by this Board at the time of sale of said bonds (not to exceed twelve percent [12%] per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds), payable commencing on March 2, 1987, and semiannually thereafter on September 2 and March 2 of each year to maturity. Each bond shall bear interest from the interest payment date next preceding the date on which it is authenticated, unless authenticated on a March 2 or a September 2, in which event it shall bear interest from such interest payment date, or, unless authenticated prior to March 2, 1987, in which event it shall bear interest from its date; provided, however, that if at the 2 time of authentication interest is in default, each bond shall bear interest from the date to which interest has been paid. Each bond will continue to bear interest after maturity at the rate stated therein, proviaed it is presented at maturity and payment thereof is refused on the sole ground that there is not sufficient money in the redemption fund with which to pay same; if it is not presented at maturity, interest thereon will run only until maturity. The principal and redemption premium of said bonds shall be payable in lawful money of the United States of America at the principal office of the Agent, or its successor, in San Francisco, California, upon the presentation and the surrender of said bonds as the same become due and payable. Interest on said bonds shall be paid to the registered owner by check or draft mailed to the address entered in the registry book provided for herein as of the 15th day interest payment date. 4. Form. The bonds shall be immediately preceding each substantially in the form set forth in Section 8652 State of California. 5. Execution. of the Streets and Highways Code of the Said bonds shall be executed on behalf of the City and its official seal by the Treasurer of the City of Bakersfield and by its City Clerk of said City, whose signatures shall be reproduced on the bonds by engraved, printed or litho- graphed facsimile thereof, and the official seal may be placed on the bonds in like manner; such signing and sealing shall consti- tute and be a sufficient and binding execution of each and every one of said bonds. The bonds shall then be delivered to the Agent for authentication by it. If any officer whose signature appears on said bonds ceases to be such officer before the authentication and delivery of said bonds to the purchaser thereof, such signature shall be as valid as if such officer had remained in office until the authen- tication and delivery of said bonds. 6. Authentication. Only such of the bonds as shall bear thereon a certificate of authentication substantially in the form below, manually executed by the Agent, shall be valid or ob- ligatory for any purpose or entitled to the benefits of this Reso- lution, and such certificate of the Agent shall be conclusive evi- dence that the bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this resolution. The Agent's certificate of authenti- cation on any bond shall be deemed to be executed by it if signed Dy an authorized officer or signatory of the Agent, but it shall not be necessary that the same officer or signatory sign the cer- tificate of authentication on all of the bonds issued hereunder. FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is one of the bonds, described in the within men- tioned Resolution of Issuance, which was registered on , 198 BANK OF AMERICA, National Trust and Savings Association Transfer Agent, Registrar and Paying Agent Authorized Officer 7. Preparation and Delivery of Bonds. The Treasurer of said City 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 Agent who shall authenticate and deliver said bonds to the purchaser thereof, upon receipt of the purchase price therefor, and upon the performance of the condi- tions contained in the accepted bid for the bonds. 8. Improvement Fund. Said Treasurer shall keep an improvement fund designated by the name and/or number of the improvement or assessment district, into which shall be placed the proceeds received from the sale of said bonds, including any premium (except that any interest accrued from the date of the bonds to the date of delivery thereof shall be placed in the redemption fund provided for herein). All moneys in said fund shall be withdrawn only upon checks or warrants of the City of Bakersfield and shall be applied exclusively to the payment of the cost of the acquisitions and/or construction of the improvements described in the proceedings under and pursuant to said Resolution of Intention, as now of hereafter changed or modified by appropri- ate legal proceedings, and all expenses incidental thereto. Any surplus remaining after payment of all costs and all legal charges, claims and expenses shall be used as set forth in saia proceedings. 9. Redemption Fund. Said Treasurer shall keep a re- demption fund designated by the name of the bonds, into which shall be placed any accrued interest for the period from the date of said bonds to the date of delivery thereof and all sums re- ceived from the collection of unpaid penalties thereon, and from which fund disbursement shall be made to pay the principal or ad- vance redemption price of the bonds and the interest due thereon. 10. Reserw~ Fund. Upon placement of the proceeds from the sale of said bonds in the improvement fund, the City Treasurer shall forthwith transfer the sum of $199,150.00 from said fund into a special reserve fund, which shall be designate~ by the name and/or number of the improvement or assessment district. The money in said special fund shall be administered by the City Treasurer in accordance with and pursuant to the provisions of Part 16 of the Improvement Bond Act of 1915, provided only that proceeds from (1) investment of moneys in the reserve fund and (2) redemption or sale of the properties with respect to which payment of delinquent assessments and interest thereon was paid from the reserve fund, shall be credited to the reserve fund only to the extent that the amount credited to the reserve fund will not re- 5 sult in the bonds becoming "arbitrage bonds" as defined in Section 103 (c) of the Internal Revenue Code of 1954, as amended, and regulations promulgated by the United States Department of the Treasury thereunder. To the extent that such proceeds, or any portion thereof, would cause the bonds to become "arbitrage bonds" if credited to the reserve fund and invested at a higher yield than permitted Dy said Section 103 (c) and said regulations, then such proceeds, or portion thereof, shall be credited upon t~e assessments, provided only that in the event crediting of any por- tion of such proceeds upon assessments not theretofore paid in full in cash would result in moneys in the bond redemption ~und remaining therein for a period of more than twelve (12) months, then any portion of such proceeds which would otherwise remain in the bond redemption ~und for a period of more than twelve (12) months shall be used to call bonds prior to their maturity date on the earliest call date next succeeding the deposit thereof in the redemption fund. 11. Collection of Unpaid Assessments. The unpaid assessments shown on on, shall be payable said list, together with the interest there- in annual series corresponding in number of serial maturities of the bonds issued. each unpaid assessment shall be payable date of maturity of each of the several An annual proportion of in each year preceding the series of bonds issued, sufficient to pay the bonds when due, and such proportion of each unpaid assessment coming due in any year, together with 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 on real property are payable, and become delinquent at the same times and in the same proportionate amounts and bear the same propor- tionate penalties and interest after delinquency as do the general taxes on real property. All sums received from the collection of said unpaid assessments and of the interest and penalties thereon shall be placed in the redemption fund provided for herein. 12. Redemption Prior to Maturity. Each bond outstanding may be redeemed and paid in advance of maturity upon the second day of March or September in any year by giving at least 60 days notice and by paying the principal amount thereof together with a premium equal to 3% of the principal plus interest to the date of advanced maturity, unless sooner surrendered, in which event said interest will be paid to the date of payment, all in the manner and as provided in the Improvement Bond Act of 1915. The City Treasurer shall call for redemption and retire bonds upon prepayment of assessments in amounts sufficient there- for, or whenever sufficient surplus funds are available therefor in the redemption fund. In selecting bonds for retirement, the lowest numbered bonds of the various annual maturities shall be chosen pro rata in a manner intended to disturb as little as pos- sible the relationship of unpaid assessments to bonds outstand- ing. 13. Exchange of Bonds. Any bond, upon surrender thereof at the principal office of the Agent, together with an assignment duly executed by the registered owner thereof or his attorney or legal representative in such form as shall be satisfactory to the Agent, may, at the option of such owner, be exchanged for an aggregate principal amount of bonds equal to the principal amount of the bond so surrendered, and of any authorized denomination or denominations. The City shall make provision for the exchange of bonds at the principal office of the Agent. 14. Negotiability, Registration and Transfer of Bonds. The Agent shall keep books for the registration, and for the registration of transfers, of bonds as provided in this resolution which shall at all times be open to inspection by the City. The transfer of any bond may be registered only upon such books upon surrender thereof to the Agent together with an assignment duly executed by the owner or his attorney or legal representative in 7 such form as shall be satisfactory to the Agent. Upon any such registration of transfer the City shall execute and the Agent shall authenticate and deliver in exchange for such bonds a new bond or bonds registered in the name of the transferee, of any denomination or denominations authorized by this resolution, and in an aggregate principal amount equal to the principal amount of such bond or bonds so surrendered. In all cases in which bonds shall be exchanged the City shall execute and the Agent shall authenticate and deliver at the earliest practicable time bonds in accordance with the provisions of this resolution. All bonds surrendered in any such exchange or registration of transfer shall forthwith be cancelled by the Agent. The City or the Agent may make a charge for every such exchange or registration of transfer of bonds sufficient to reim- burse it for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer, but no other charge shall be made to any owner for the privilege of exchanging or registering the transfer of bonds under the pro- visions of this resolution. Neither the City nor the Agent shall be required to make such exchange or registration of transfer of the 15 days immediately preceding any March 2 or bonds during September 2. 15. Ownership of Bonds. The person in whose name any bond shall be registered shall be deemed and regarded as the abso- lute owner thereof for all purposes and payment of or on account of the principal, and redemption premium, if any, of any such bond, and the interest on any such bonds, shall be made only to or upon the order of the registered owner thereof or his legal repre- sentative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such bond, including the redemption premium, if any, and interest thereon to the extent of the sum or sums so paid. 16. Advances from Available Surplus Funds. The City shall be the purchaser of property upon which payment of an annual installment of principal and interest due upon any of said unpaid assessments is delinquent, in like manner in which it becomes or may become the purchaser of property sold for the nonpayment of general taxes, and shall transfer from available surplus funds into the redemption fund for said bonds, as an advance recoveraDle upon sale or redemption of the property, the amount of the delin- quent unpaid assessment installment upon which said sale is made. The City shall also pay and transfer from available surplus funds into said redemption fund, as an advance recoverable upon sale or redemption of the property, the amount of any future delinquent unpaid assessment installments on such property pending redemp- tion. 17. Investment of Funds. Moneys in the Redemption Fund and the Improvement Fund shall, whenever practicable, be invested in legal investments for the City of Bakersfield under applicable law for the moneys held pursuant to this resolution at the time when any of such moneys are to be invested therein. Any income therefrom or interest thereon shall accrue to and be deposited in the fund from which said moneys were invested. 18. Covenant to Foreclose. The City hereby covenants with and for the benefit of the holaers of the bonds that it will order, and cause to be commenced within 150 days following the date of delinquency, and thereafter diligently prosecuted, an action in the superior court to foreclose the lien of any assess- ment or installment thereof not paid when due, pursuant to and as provided in Sections 8830 through 8835, inclusive, of the Streets and Highways Code of the State of California, provided that the alternative method of tax apportionment (Sections 4701 through 4717 of the California Revenue and Taxation Code) is no longer applied by the County of Kern to special assessments, for which bonds have been issued pursuant to the Charter of the City of 9 Bakersfield and the Improvement Bond Act of 1915, for any reason whatsoever. 19. Non-Arbitrage Covenant. The City hereby covenants with the holders of the bonds that it will make no use of the pro- ceeds of said bonds at any time during the term thereof which, if such use had been reasonably expected on the date said bonds were issued, would have caused said bonds to be arbitrage bonds within the meaning of Section 103(c) Qf the Internal Revenue Code of 1954, as amended, and the Temporary and Proposed Treasury Regula- tions promulgated thereunder. 20. Certificate as to Non-Arbitrage. On the basis of the facts, estimates and circumstances now in existence and in existence on the date of issue of said bonds, as determined by the City Treasurer, said City Treasurer is authorized to certify that it is not expected that the proceeds of said issue will be used in a manner that would cause such obligations to be arbitrage bonds. Such certification shall be delivered to the purchaser of said bonds at the time of delivery of and payment for said bonds. 21. The Treasurer of said City is hereby authorized to negotiate or cause to be negotiated the bonds. 22. The City will furnish the sale of such improvement legal opinion of Richard H. Hargrove approving the legality of the proceedings and the issuance of such bonds. 23. Certified Copies. The City Clerk of said City shall furnish a certified copy of this resolution to the Treasurer, the Agent, and to the Auditor of the County of Kern. ......... 000 ......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 13th day of August , 1986, by the following vote: 10 of the Council of the City of Bakersfield APPROVED this 13th day of August , 1986. MAYOR of the City of Bakersfield APPROVED as to form: Bakersfield 11 7-23-86 MODIFIED ENGINEER'S REPORT EXHIBIT '~" CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-3 ACQUISITION OF EFFLUENT DISPOSA~ PIPELINE FOR WASTEWATER TREATMENT PLA~T 3 Assessment Number Assessor's Parcel Number Assessment Number 1 APN 184-010-09-00-1 ASSESSMENT ROLL Owner Preliminary Name/Address Assessment Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 $53,445.55 Modified and Confirmed Assessment $54,138.10 Assessment Number 2 APN 184-010-11-01-5 Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 $ 6,032.23 $ 6,110.40 Assessment Number 3 APN 184-010-13-01-1 Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 $18,096.69 $18,331.19 Assessment Number 4 APN 184-010-15-01-7 Tenneco Realty Dev. Corp. P.O. Box 9380 Bakersfield, CA 93389 $12,064.46 $12,220.79 Assessment Number 5 APN 184-010-16-01-0 Tenneco Realty Dev. Corp. ?. O. Box 9380 Bakersfield, CA 93389 $23,586.02 $23,891.65 Assessment Number 6 APN 184-010-17-01-3 Tenneco Realty Dev. Corp. P.O. Box 9380 Bakersfield, CA 93389 $11,762.85 $11,915.27 Assessment Number 7 APN 184-010-18-01-6 Tenneco Realty Dev. Corp. P.O. Box 9380 Bakersfield, CA 93389 $11,521.56 $11,670.85 Assessment Number 8 APN 184-010-19-01-9 Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 $18,096.69 $18,331.19 A-I Assessment Number Assessor's Parcel Number Assessment Number 9 APN 184-010-27-00-3 Assessment Number 10 APN 184-010-28-00-6 Assessment Number 11 APN 184-010-31-00-4 Assessment Number 12 APN 184-010-32-00-7 Assessment Number 13 APN 184-010-37-00-2 Assessment Number 14 APN 184-010-38-00-5 Assessment Number 15 APN 184-010-39-00-8 Assessment Number 16 APN 184-010-40-00-0 Assessment Number 17 APN 184-090-02-01-3 Assessment Number 18 APN 184-090-03-00-7 ASSESSMENT ROLL Name/Address Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 Tenneco Realty Dev. Corp. P.O. Box 9380 Bakersfield, CA 93389 Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 Tenneco Realty Dev. Corp. P.O. Box 9380 Bakersfield, CA 93389 Tenneco West Inc. P.O. Box 9380 Bakersfield CA 93389 Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 Tenneco West Inc. P. O. Box 9380 Bakersfield CA 93389 Tenneco West Inc. P.O. Box 9380 Bakersfield CA 93389 Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 Tenneco West Inc. P.O. Box 9380 Bakersfield CA 93389 A-2 Prelimimary Assessment $83,365.41 $82,822.50 $66,897.42 $42,527.21 Modified and Confirmed Assessment $84,445.66 $83,895.73 $67,764.28 $43,078.29 $ 0.00 $ 0.00 $ 6,394.16 $ 0.00 $ 0.00 $ 0.00 $305,291.11 $24,128.92 $24,128.92 $309,247.10 $24,441.58 $24,441.58 Assessment Number Assessor's Parcel Number Assessment Number 19 APN 184-090-09-00-5 ASSESSMENT ROLL Owner Name/Address Tenneco West Inc. P. O. Box 9380 Bakersfield, CA 93389 Preliminary Assessment $193,031.33 Modified and Confirmed Assessment $195,532.65 Assessment Number 20 APN 184-090-12-00-3 Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 $190,135.86 $192,599.66 Assessment Number 21 APN 184-090-13-00-6 Tenneco West Inc. P. O. Box 9380 Bakersfield, CA 93389 $ 6,032.23 $ 6,110.40 Assessment Number 22 APN 184-090-14-00-9 Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 $ 24,128.92 $ 24,441.58 Assessment Number 23 APN 184-090-23-00-5 Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 $ 16,166.37 $ 16,375.86 Assessment Number 24 APN 184-090-27-00-7 Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 $119,679.42 $121,230.24 Assessment Number 25 APN 184-090-29-00-3 Tenneco West Inc. P. O. Box 9380 Bakersfield, CA 93389 $174,572.71 $176,834.84 Assessment Number 26 APN 184-090-30-08-7 Tenneco West Inc. P.O. Box 9380 Bakersfield CA 93389 $ 26,179.87 $ 26,519.12 Assessment Number 27 APN 184-090-33-00-4 Tenneco West Inc. P.O. Box 9380 Bakersfield CA 93389 $ 0.00 $ 0.00 Assessment Number 28 APN i84-090-35-00-0 Tenneco West Inc. P.O. Box 9380 Bakersfield CA 93389 $244,244.95 $247,409.90 A-3 Parcel Number Assessment Number 29 APN 184-090-36-00-3 ASSESSMENT ROLL O%mer Name/Address Tenneco West Inc. P.O. Box 9380 Bakersfield CA 93389 Preliminary Assessment $ 33,177.26 Modified and Confirmed Assessment $ 33,607.17 Assessment Number 30 APN 184-100-11-00-2 Tenneco West Inc. P.O. Box 9380 Bakersfield CA 93389 $ 5,609.97 $ 5,682.67 Assessment Number 31 APN 184-110-12-00-8 Tenneco West Inc. P.O. Box 9380 Bakersfield CA 93389 $ 3,016.11 $ 3,055.20 Assessment Number 32 APN 184-110-13-00-1 Assessment Number 33 APN 184-110-14-00-4 Tenneco West Inc. P.O. Box 9380 Bakersfield CA 93389 Tenneco West Inc. P.O. Box 9380 Bakersfield CA 93389 $ 3,016.11 $ 3,055.20 $ 3,016.11 $ 3,055.20 Assessment Number 34 APN 184-110-15-00-7 Tenneco West Inc. P.O. Box 9380 Bakersfield CA 93389 $183,982.99 $186,367.05 Assessment Number 35 APN 184-110-25-00-6 Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 $371,283.69 $376,094.79 Assessment Number 36 APN 184-110-26-00-9 Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 $ 12,064.46 $ 12,220.79 Assessment Number 37 APN 184-110r30-00-0 Tenneco West Inc. P. O. Box 9380 Bakersfield, CA 93389 $ 0.00 $ 0.00 Assessment Number 38 APN 184-110-31-00-3 Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 $152,736.04 $154,715.21 A-4 Assessment Number Assessor's Parcel Number Assessment Number 39 APN 184-110-33-00-9 ASSESSMENT ROLL O~ner Name/Address Tenneco West Inc. P.O. Box 9380 Bakersfield, CA 93389 Preliminary Assessment $262,763.90 Modified and Confirmed Assessment $266,168.81 A-5