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HomeMy WebLinkAbout1968-02-06; City Council; Resolution 1493c NOTICE INVITING BIDS ON STREET IMPROVEMEXI BONDS OF THE CITY OF CARLSBAD, CALIFORWIA ASSESSMENT DISTRICT NO, 3-1964 (JAMES DRIVE, ET AL) RESOLUTION NO. 1493 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF BONDS FOR THE ACQUISITION OF CERTAIN RIGHTS OF WAY AND FOR THE CONSTRUCTION OF CERTAIN IMPROV!3"TS IN THE CITY OF CARLSBAD, CALIFORNIA, WHEREAS, the City Council of the City of Carlsbad, California, has heretofore instituted and conducted proceedings for the acquisition of rights of way and the construction of improvements in ASSESSMENT DISTRICT NO, 3-1964 (JAMES DRIVE, ET AL) uhder the provisions of the "Muhicipal Improvement Act of 1913"; and WHEREAS, said City Council in its Resolution of Intention thereih determined and declared that bonds should issue under the provisions of the "Improvement Act of 1911" for each unpaid assessment or portion thereof which amounts to Fifty Dollars ($50.00) I or more, to finance said acquisition and improvement; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESOLVES AND DETERMINESz SECTION 1, That bonds shall issue in accordance with the provisions of Division 12 of the Streets and Highways Code and Division 7 of said Code for the purpose of paying the costs of the acquisition and improvement as proposed under ASSESSMENT DISTRICT NO. 3-1964 (JAMES DRIVE, ET AL.) SECTION 2, That said bonds shall be issued for all unpaid assessments or portions thereof which amount to Fifty Dollars ($50.00) or over, and shall be in the respective amounts as set forth in the assessment for ASSESSMENT DISTRICT NO, 3-1964 (JAMES DRIVE, ET AL.) Said bonds will be dated the 31st day after the recording of the assessment and shall bear interest at a rate to be determined at the sale thereof, provided, howeverc that said rate shall be the .. same for all bohds, shall not exceed the maximum rate of six per cent (6%) per annum, and shall be in multiples of one-tenth (1/10) of one (1) per cent, Said bonds and the coupons thereof shall be issued substantially in the form authorized for the issuance of bonds under Division 7 of the Streets and Highways Code of the State of California. These bonds shall be serial bonds and shall extend over a period ending nine (9) years from the second day of January next succeeding the next September first following their date, and an even annual proportion of the principal sum thereof shall be payable, by coupon, on the second day of January every year after the next September first following their date, until the whole is paid, and the interest shall be payable semi-annually, by coupon, on the second days of January and July, respectively, of each year following the date of the bonds. The total number of bonds to be sold can only be determined at the expiration of thirty (30) day period for the cash payment of assessments either in whole or in part, The total number of assessments for which bonds may issue is 65 in a total aggregate amount of $214,886.00, Said bonds will be sold for cash only to the bidder whose bid in the opinion of the City Council will best serve the interest of owhers of land included in the assessment district. Each bid must state that the bidder offers accrued interest to the date of delivery, and state separately the premium, if any, and the rate of interest offered for the bonds, Any premium offered will not be taken into consideration in determining the best bid except for the purpose of breaking a tie between two bids stating the same net interest cost, A bidder may offer a premium but such premium will be payable only if such premium is used to break a tie between that bid and some other bid or bids stating the same net interest cost. Each bid shall be for the entire amount of the bonds to be issued at a sihgle rate of interest, and any bids for less than the entire amount of said bonds or for varying rates of interest will be rejected, No bid will be considered for less than ninety-seven per cent (97%) of par, Payment for and delivery of bonds will be made in the office of the City Treasurer. A certified or cashier's check for a sum of $10,000 payable to the order of the City of Carlsbad must accompany every bid as a guaranty that the bidder, if successful, will accept and pay for the bonds described in the accepted bid in accordance with the terms of his bid, and said check shall remain in the possession of the City Council until payment for said bonds has been received, Council reserves the right to reject any and all bids, The City Council also reserves the right to disregard insubstantial irregularities The City and technical defects in bids, SECTION 3. Pursuant to Section 6464 of the Streets and Highways Code the redemption provisions of said bonds will provide for a premium of five per cent (5%) of the unmatured principal of said bond. SECTION 4. The unqualified opinion of F, Mackenzie Brown, Los Angeles, Attorney, approving the validity of said bonds will be furnished to the successful bidder at or prior to the date of delivery of the bonds at the expense of the City, printing bonds will be borne by the City and will not be payable The cost of by the successful bidder. SECTION 5, Sealed bids or proposals will be received up to 7:oo ( .) .m. on Friday the 15th day of March I 1968, by the City Manager of the City of Carlsbad, State of California, at Council Chambers located at 2960 Pi0 Pic0 Drive, Carlsbad, California, for the purchase of bonds to be issued in accordance with the provisions of Division 12 of the Streets and Highways Code (Municipal Improvement Act of 1913), and Division 7 of the Streets and Highways Code for the cost of the acquisition of rights of way and for the construction of improvements in -3 - ASSESSMENT DISTRICT NO, 3-1964 (JAMES DRIVE, ET AL) under the provisions of the "Municipal Improvement Act of 1913 'I SECTION 6, The City Clerk shall cause a notice of the sale of bonds, stating the terms of sale as hereinabove provided, to be published in the "CARLSBAD JOURNAL", a newspaper of general circulation published in the City of Carlsbad, State of California, once a week for a period of at least two weeks previous to the date of sale. APPROVED and ADOPTED this 6th day of February I 1968. CALIFORNIA ATTEST : -4 - 0 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 1 ss CITY OF CARLSBAD 1 I, Margaret E. Adams / I City Clerk of the City of CARLSBAD - California, DO HEREBY CERTIFY that the foregoing Resolution , being Resolution No. 1493 , was duly p3ssed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City Council held on the 6th day of Februarv 19 68 , and that the same was passed and adopted by the following vote, to wit: AYES: COUNCILMEN WQRTHING, MEISWENDER, <~ DUNNE AND JARDINE. J % NOES : COUNCILMEN NONE. ABSENT: COUNCILMEN NONE. (SEAL) RK OF THE