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CC Resolution No. 1381-31 ~ ~ ~ WJML:HEK:am£ 6-1-67 18C RESOLUTION N0. 1381-31 , A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONLS ' DE ANZA, ET AL. IMPROVEMENT FROJECT N0. 66-1 RESOLVED, by the City Council of the City of Cupertino, California, that WHEREAS, this Council did on January 3, 1967 pass and adopt its Resolution of Intention No. 1381-3 relating to the acquisition and construction of public improvements in said City under and pur- suant to the provisions of the Municipal Improvement Act of 1913 and did therein provide that serial bonds would be issued thereunder pursuant to the provisions of the Improvement Bond Act of 1915, refer- ence to said Resolution of Intention and proceedings had subsequent thereto 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 aasessments 1n cash has Expired, ' and the City Clerk-Finance Director haa filed in the office of the City Treasurer a list of all assessments which now remain unpaid; and WHEREAS, the Council has duly consider2d said liai and has determined that the same is an accurate statement thereof, NOW, THEREFORE, IT IS HEREBY ORDERID, as follows: 1. That the assessments in said unpaid list which now remain unpaid, and the aggregate thereof, are as shown on 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 remaln unpaid, aeverally and respectively, reference is hereby made to the asaessment and to the diagram recorded in the office of the Superintendent of Streets of ' ~ ' ~ ~ ' said City after confirmatlon by this Council, the several lots and parcels of land represented by said asaessment 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 $1,646,958.67 and bonds shall be issued upon the security of said unpaid assesaments in accord- ance with the provisions of the Improvement Bond Act of 1915 (Division 10 of the Streets and Highways Code of the State of California), and under and pursuant to the provisions of said Resolution of Intentlon and the proceedings thereunder duly had and taken. ~.'he bonds shall be issued in two separate and distinct seriea designated Series 67-1-A ' and Series 67-1-B. The bonds of Series 67-1-A shall be in the lnitial amount of $750,000 and shall be one hundred fifty ~150) in number. The bonds of Series 67-1-B shall be in the amount of $160,983.04 and shall be one hundred sixty-one (161) in number. All of said bonds shall be dated June 5, 1967, and bear interest from their date at the rate of not to exceed six percent (6~) per annum, and the denominations o£ said bonds and their respective numbers and dates of maturity are as ahown on Exhibita "B" and °C" hereto attached and made a par*, here- of by reference. ' 4. The bonda of Series 67-1-A shall be secured by Diagram and Assesament Numbers 1 and 2 levied against property of the Foothili Junior College District and Diagram and Asseasment Number 53 levied against property of the City of Cupertino? in the total amount of $1,~85,975.63. Jurisdiction is reserved to issue additional bonds of this Series cn the remaining portion of the unpaid aasessme~ts of Diagram and Assessment Numbers 1, 2 and 53. Said assessments and the interest thereon are payable in annual installments on July 2, 1968 to July 2, 1972, inclusive, corresponding to the annual aPries of said bonds. ' 2 ~ ~ 5. The bonds of Series 67-1-B shall be aecured by the unpaid assesaments, other than Diagram and Assessment Numbers 1, 2 and 53, as shown on said list filed with the City Treasurer and determined by this Council, Said unpaid assessments, together with the interest thereon, shall remain and constitute a trust fund for the redemption and payment of said bonds of Series No. 67-1-B and of the interest which may be due thereon, which unpaid assessments shall be taxable in annual series corresponding in number to the number of serles of bonds issued, and an annual proportion of each assessment ahall be payable in each year preceding the date of the maturi'-y 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 payable, and shall become delinquent at the same time and in the s~me proportionate amounts and bear the same proportionate penalties for delinquency. 6. Said bonds ahall be signed by the Clerk and Treasurer of the City or bear the Treasurer's engraved, printed or lithographed signature, and the official seal of said City shall be affixed thereto by princedy lithographed or other reproduction thereofo The inierest coupons affixed thereto shall be signed by said Treasurer or bear his engr~ved, printed or lithographed signature; and such signing and sealing of said bonds by said officers and signing of said coupon3 by said Tr•easurer shall constitute and be a sufficient and binding execution of each and every one of said bonds and all of the coupons thereof respectively. Said bonds shall be substantially in the form set forth in the Improvement Bond Act oP 1915. Said Treasurer and Clerk of said City are hereby author- ized and directed to sign said bonds~ 7. The interest coupons atiached to each of said bonds and evidenc- ing the interest to accrue thereon shall be numbered consecutively and be subatantially in the following form, to wit~ 3 ' ~ ~ ON 2, CITY OF CUPERTINO, California, will pay to ' ~earer hereof at Bank of America N,T, & S.A, main off3ce, San Francisco, Calif., or at 19 the office of the City Treasurer, Cupertino, Calif., the sum shown hereon, being the $ ' in~erest then due on Improvement Bond dated June 5, 1967. Coupon No. PROJECT 66-1 Hond No. ' Ci y Treasurer SERIES ' 8, The Clerk shall forward to each the City Treasurer and Director of Finance oF Santa Clara County a certified copy of this resolution. * * * * * * ~ * ~ * * * * ~r ~ PASSID and ADOPTED by the City Council of the City oi' Cupertino, State of California, this i Qt day of ,T,,,,P , 1967, by the following vote: AYES: Councilmen: Johnson Stokes, Fitzgerald ' NOES: Councilmene None ABSENT: Councilmen: Dempster, Noel C_. t~r~.~l%a-f'. a or"~~~~ 7 ' ATTEST: , ` _ Cit Clerk 4 s • LIST OF UNPAID ASSESSMENTS CITY OF CUPERTINO DE ANZA, ET AL IMPROVEMENT PROJECT No. 66-1 Assessment and Diagram Amount of Unpaid Number Assessor's Parcel No. Assessmer:*. 1 School Property $ 11,380.24 2 5chool Progerty 1,~32,3~3•6E 5 360-29-50 3,114.?8 11 3E~-3o-16 8,~95•89 ' 12 360-30-15 4,32b.86 13-A 360-16-122 14,206.29 15 360-12-15 2,~+25.00 ~ 16 360-12-16 1,E63.oo 1g 360-12-19 1,693.00 20 360-12-20 861.00 21 360-12-21 5,p73,pn 22 360-12-22 4,184.oG 28 360-13-4 1,009.00 29 36a-13-5 983.00 30-A 360-13-128 3~737.63 31 360-13-13 4,145.52 34 36o-i3-i24 29,E48.35 u6-A 326-32-4 Ptn 1,055.55 47-A 326-32-32 5,642.5? u9 3p6_31_13 16,681.1? 50 326-31-16 1~392.9? 51 326-29-2 2`~,352.5c 52 326-29-~ 5,819.ou 53 326-29-6 City Owned Property 42,2g1.?3 55 326-27-7 6,E56.63 56 326-27-6 12,922.22 326-31-17 5,296.r1 ' $1,646,958.b' EXHIBIT "A" • ~ ~ EXHIBIT "B° Total Annual Date of Series Bond Numbera Principal Amount Maturit.y 67-i-A 1- 30 $150,000 .ruly 2, 1968 31 - 60 150,00o July 2, 1969 61 - 90 150,000 ,ru1y 2, i97o 91 - 120 150,00o July 2, 1971 121 - 150 150,00o Ju1y 2, 1972 Each bond is 1n the denomination of $5,000, - • • EXHIBIT ~~C'~ Total Annual Date of Series Bond Numbers Principal Amount Maturity 67-1-8 i- 9 $ 9,000.0o July 2, 1968 10 - 19 9,983.04 Juiy 2, i969 20 - 28 9,000.0o Juiy 2, i97o 29 - 38 lo,ooo.oo July 2, ~97~ 39 - 48 io,ooo.oo Juiy 2, 19~2 49 - 58 10,000.0o July 2, 1973 59 - 69 il,ooo.oo July 2, i974 70 - 8o ii,ooo.oo July 2, 1975 81 - 91 ll,ooo.oo ,;uly 2, 1976 92 - 102 11,000.0o Ju1y 2, 1977 103 - 113 ~1,000.0o July 2, 1978 114 - 125 12,000~0o Ju1y 2, 1979 ' 126 - 137 i2,ooo.oo ,ruiy 2, 1980 138 - i49 12,000.0o J~iy 2, zg81 150 - 161 12,000.00 Ju1y 2, 1982 Each bond is in the denomination of $1,000 except Bond No. 10 in the amount of $983.04.