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HomeMy WebLinkAbout1972-10-03; City Council; Resolution 2099If 2( 21 2; 2: 24 2: 2E 27 2e 29 30 31 32 RESOLUTION NO. 2099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING THE SALE OF IMPROVE- MENT BONDS CANNON ROAD IMPROVEMENT DISTRICT 1-1970 The City Council of the City of Carlsbad resolves as follows: 1. Pursuant to the provisions of California Streets and Highways Code Section 10602, the Council determines that improve- ment bonds to be sold in the above entitled proceeding shall be sold at private sale by negotiation. 2. Stone ti Youngberg, as the result of negotiations with representatives of the City of Carlsbad, has made an offer in writing dated September 28, 1972, for purchase of the improvement bonds to be issued in this proceeding. A copy of such offer is attached as Exhibit A and incorporated in this resolution, 3. Sale of the improvement bonds to be issued in these pro- ceedings is authorized on the terms set out in Exhibit A: Bonds shall be issued pursuant to ,the Improvement Act of 1911 and shall bear interest at the rate of 6.35% per annum and shall have 1/10 of their principal amount due each year from January 2, 1974, through January 2, 1983, inclusive. Such bonds shall be callable at any time at 105% of the outstanding principal amount, together with accrued interest to the next semi-annual interest coupon date 4. Sale of such bonds shall be made at a price of 97.5% of the principal amount of bonds issuing as a result of unpaid assessments, without accrued interest; and such bonds shall be dated not later than December 6, 1972, and shallhave their first coupon due July 2, 1973, for interest only. 5. The Clerk of the City Council is authorized to take any action required for consummation of this sale. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held on October 3 , 1972, by 1. t cm - i 2 1 c 4 5 6 7 E 9 1c 11 1% 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2% 29 30 31 32 the following vote: AYES : Cmn. Dunne NOES : None. McComas, Lewis, Chase and Frazee. ABSENT: None. ATTEST: MS SEA^!) AVID M. DUNNE, Mayor -2- 1, I. .- Q MEMBERS PACIFIC COAST STOCK EXCHANGE September 28, 1972 city Council City of Carlsbad 1200 Elm Avenue Carlsbad, Californfa 92009 PE: City of Cerlsbad Assessmnt District Proceedings, Assessment District Xo. 1-1970 (Cannon Soad Improve- ments) Gentlemen: This letter follows our recent comunication with the City of Carlsbad and your request for a proposal on all 1911 ?.ct Xmprovoment Bonds which will issue fro= the above des- cribed assessment district. With this letter therefore, Stone & Youngberg agrees to purchase from the City of Carlsbad all Concls issuing from this proceedings. ject to the following terms and conditions: This purchase on our part shall be sub- 1. All bonds issuing from this proceedings shall be issued pursuant to the Improvement Act of 1911 and the Municipal Inprovement Act of 1913, All bonds issuing from this proceedings shall bear interest at L%e rate of six and thirty-five one hundredths percent (6.35%) per annw,, and shall have one tenth (l/lOth) of their prin- cipal mount due each year January 2, 1974 to January 2, 1983, inclusive. All bonds are to be callable at anytime at 105% of the outstanding principal amount thereof, together with accrued interest to the next seai- annual interest coupon period. 2. 3. 4, All bonds shall be acconpanied by the unqualified legal opinion of !-!!, Richard Crake of Woolley, Crake, Collins & Knrd, San Dfego, California. The cost of such opinion is to be a part of the assessmnt district proceedings. EL PATIO BUILDING. SUITE 103 . 7946 IVANHOE AVENUE . LA JOLLA. CALIFORNIA 92037. (714) 459-4476 . c . City Council City of Carlsbad September 28, 1972 Page 2 5. Stone & Youngberg's purchase price of these bonds issuing as a result of unpaid assessments shall be equal to ninety-seven and one half percent • (97 1/2%) of the principal amount thereof without accrued interest. 6. Bonds issuing "from this proceedings shall be dated not later than .December 6, 1972 and therefore, have their first coupon due July 2, 1973 for in- terest only. 7. It is our understanding that" bonds are to be avail- able for delivery approximately February I/ 1973. Our commitment will continue in effect thereafter provided bonds are delivered to us for payment on or before March 1, 1973, free and clear of all liens, lawsuits and encumbrances. 8. This commitment is for the purchase of all bonds issuing from this proceedings in a total .par value amount not exceeding $282,000.00 (The estimated total cost of these proceedings withdut provision for any City cash contribution). 9. Properties to be assessed in this district shall • be as shown on the enclosed map of assessment district. The allocation of project costs shall be, by formula, approximately as shown on the 1913 Act Report submitted by Mr. Judson T. Naiman on behalf of Associated Engineering, San Diego, California. We very much appreciate the opportunity to submit this proposal and ask that in the event you have questions regarding the above, you do not hesitate to call on us. ' truly, OUNGBERG Genera}) Partner MJB:pc cc: Mr. Richard Crake Mr. Judson T. Naiman