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HomeMy WebLinkAboutCC Resolution 9011 (Peacock Gap Reassessment District)RESOLUTION NO. 9011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND CONFIRMING THE REPORT ON THE REFUNDING OF ITS CITY OF SAN RAFAEL IMPROVEMENT BONDS (PEACOCK GAP REASSESSMENT DISTRICT) WHEREAS, the City Council of the City of San Rafael (the "City"), by proceedings duly had and taken, including specifically Resolution No. 6909 duly adopted on August 20, 1984, duly provided for the issuance of its "City of San Rafael Improvement Bonds, Peacock Gap Improvement District", in the aggregate principal amount of $9,171,065.00 (the "Original Bonds") under and pursuant to the conditions and terms of the Improvement Bond Act of 1915 (being Division 10 of the California Streets and Highways Code), the unmatured portion of which is now outstanding; and WHEREAS, the City Council has determined to issue refunding bonds (the "Refunding Bonds") for the purpose of refunding the unmatured portion of the Original Bonds under and pursuant to the conditions and terms of the Refunding Act of 1984 for 1915 Improvement Act Bonds, being Division 11.5 of the California Streets and Highways Code (the "Act"), and to provide for the levy and collection of reassessments as security for the Refunding Bonds; and WHEREAS, the City Council referred the matter of the refunding of the Original Bonds and the levy and collection of reassessments as security for the Refunding Bonds to Muni Financial Services ("MFS"), as the qualified firm retained by the City in these proceedings, and directed said MFS to prepare and file with the City Clerk a report in writing containing the matters specified in Section 9523 of the California Streets and Highways Code; and WHEREAS, said engineer prepared and filed with the City Clerk a report in writing containing the matters required by SF2-20566.1 I lip L; Lk_':' a ij Lj Lia 90// Section 9523 of the California Streets and Highways Code, which said report was presented by the City Clerk to the City Council for consideration; and WHEREAS, said report was carefully considered and reviewed by the City Council, and the City Council is fully advised in the premises; NOW, THEREFORE, The City Council of the City of San Rafael hereby resolves: Section 1. The foregoing recitals are true and correct and the City Council so finds and determines. Section 2. The City Council hereby finds and determines that, as set forth in said report, (a) each estimated annual installment of principal and interest on the reassessment (other than amounts added to such annual installments due to delinquencies in the payment of the assessments for the Original Bonds) for the assessment district for which the Original Bonds were issued is less than the corresponding annual installment of principal and interest on the portion of the original assessment being superseded and supplanted by the same percentage for all subdivisions of land within such assessment district; (b) the number of years to maturity of the Refunding Bonds allocable to such assessment district for which the Original Bonds were issued is not more than the number of years to the last maturity of the Original Bonds for such assessment district; and (c) the principal amount of the reassessment (other than amounts added to such principal amount due to delinquencies in the payment of the assessments for the Original Bonds) on each subdivision of land within such assessment district for which the Original Bonds were issued is less than the unpaid principal amount of the portion of the original assessment being superseded and supplanted by the same percentage for each subdivision of land within such assessment district; and accordingly the City Council finds and SF2-20566.1 2 determines that all of the conditions in connection with the issuance of the Refunding Bonds specified in Section 9525 of the California Streets and Highways Code are and have been duly satisfied. Section 3. Said report is hereby adopted, approved and confirmed by the City Council, and the reassessments contained therein in the principal amount of $2,405,000.00 are hereby confirmed and levied by the City Council, and upon making the necessary recordings and filings as required by the Act, the reassessments shall become a lien upon the various parcels of land reassessed in such assessment district for which the Original Bonds were issued. Section 4. The City Clerk is hereby directed to record the reassessments referred to in Section 2 hereof and the related reassessment diagram in the office of the Director of Public Works of the City of San Rafael and to record the reassessment diagram and notices thereof in the office of the County Recorder of the County of Marin as required by Division 4.5 of the California Streets and Highways Code and to file a copy of this resolution with the County Auditor -Controller. of Marin County. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 7th day of September, 1993, by the following vote, to wit: AYES: COUNCILMEM3ERS: NOES: COUNCILMEM3ERS: ABSENT: COUNCILMEMBERS: JE -'M. LEONCINII, City Clerk SF2-20566.1 3