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HomeMy WebLinkAbout1995-09-05; City Council; Resolution 95-247) I1 0 0 4 1 2 3 RESOLUTION NO. 95-247 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS AND APPROVING FORMS OF BOND DOCUMENTS FOR A SPECIAL ASSESSMENT DISTRICT 4 5 6 WHEREAS, the CITY COUNCIL of the CITY OF CARLSE CALIFORNIA, is conducting proceedings for the installation certain public improvements in a special assessment distr 711pursuant to the terms and provisions of the I'Municj 8 9 10 Improvement Act of 19131t, being Division 12 of the Streets Highways Code of the State of California, said spec assessment district known and designated as ASSESSMENT DISTl "IlNO. 92-1 (LA COSTA DOWNS) (hereinafter referred to as 12 13 "Assessment District") ; and, WHEREAS, this legislative body has previously declarec 141( its Resolution of Intention to issue bonds to finance I 15 16 17 18 19 20 21 22 23 24 25 improvements, said bonds to issue pursuant to the terms provisions of the llImprovement Act of 191111, being Division said Code; and, WHEREAS, at this time this legislative body is desirou set forth the general terms and conditions relating to authorization, issuance and administration of said bonds; WHEREAS, there has been presented, considered and is I for approval a bond indenture setting forth the terms conditions relating to the issuance and sale of bonds; anc WHEREAS, there has been presented for consideration by legislative body a form of Bond Purchase Contract author: 26 27 28 the sale of bonds to Stone & Youngberg, the desigl underwriter; and, 11 > 0 0 1 11 WHEREAS, this legislative body hereby determines that 2 3 4 5 6 7 8 9 10 11 unpaid assessments shall be specifically in the amount as sh and set forth in the Certificate of Paid and Unpaid Assessme as certified by and on file with the Treasurer, and particulars as to the amount of said unpaid assessments, s Certificate and list shall control and govern. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are true and correct BOND AUTHORIZATION SECTION 2. That this legislative body does authorize 12 Indenture presented herein. 18 the specific terms and conditions as set forth in the 17 Highways Code of the State of California, and also pursuan 16 llImprovement Act of 1911", being Division 7 of the Streets 15 unpaid assessments pursuant to the terms and provisions of 14 amount not to exceed the aggregate principal amount of 13 issuance of special assessment bonds in an aggregate princ 19 20 SECTION 3. That the Bond Indenture is approved substantj BOND INDENTURE 21 delivery thereof. A copy of said Bond Indenture shall be 27 Director to be conclusively evidenced by the executior 26 the review of Bond Counsel, such approval by the Fi 25 therein as may be approved by the Finance Director, subje 24 the Bond Indenture with such additions thereto or ch. 23 authorized and directed for and on behalf of the City to ex1 22 in the form presented herein. The Finance Director is hc 28 0 0 1 public inspection. 2 Zon file with the transcript of these proceedings and open 3 SECTION 4. That the Bond Purchase Contract as submitted 4 BOND PURCHASE CONTRACT 5 approved substantially in the form presented herein. The Fina 6 Stone & Youngberg, the designated underwriter, is her as are approved by the Finance Director, such approval by 11 to the City Council at this meeting, with such changes ther 10 provisions of the Bond Purchase Contract in the form presen 9 the City to evidence the City's acceptance of the terms 8 Director is hereby authorized and directed for and on behalf 7 12 13 14 15 16 17 1s 19 2c 21 22 23 24 25 26 27 28 I I I 1 , I 1 I I Finance Director to be conclusively evidenced by the execut and delivery thereof; provided, however, the Finance Direc shall execute the Bond Purchase Contract only if the aggres principal amount of the Bonds is equal to the unpaid assessmc within the Assessment District, the underwriter's discount c not exceed $30,000.00 and the interest rate on the Bonds SI not exceed nine percent (9%) per annum. FINAL BOND DELIVERY SECTION 5. No further action will be required by - legislative body if the bonds are priced, sold and delivere or prior to December 31, 1995. FINAL ASSESSMENTS SECTION 6. That the Certificate of Paid and Un Assessments, as certified by the Treasurer, shall remain on in that off ice and be open for public inspection for particulars as it relates to the amount of unpaid assessment secure bonds for this Assessment District. 0 0 1 SECTION 7. All actions heretofore taken by the officers 2 OTHER ACTS 3 all certificates, requisitions, agreements and other docume 9 all actions relating to the execution and delivery of any 8 behalf of the City, to do any and all things and take any 7 hereby authorized and directed, for and in the name and 6 Finance Director and any and all other officers of the City 5 bonds are hereby approved, confirmed and ratified, and 4 agents of the City with respect to the sale and issuance of 10 accordance with this resolution. 12 consummate the lawful issuance and delivery of the bonds 11 which they may deem necessary or advisable in order 13 1995. 14 APPROVED and ADOPTED this 15 161 1 mmsT : CITY OF CARLSBAD STATE OF CALIFORNIA 17 18 19 CITY OF CARLSBAD CITY CLERK STATE OF CALIFORNIA 20 21. 22 23 24 25 26 27 28 < 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I I 1 , ~ e 0 STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD i ~ I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSE CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resoluti being Resolution No. 95-247 , was duly passed, approved adopted by the City Council, approved and.signed by the Mal and attested by the City Clerk, all at the regular meetin? said City Council held on the 5th day of September 1995, and that the same was passed and adopted by the follos vote: AYES : COUNCIL MEMBERS Lewis, Nygaard, Finnila, Hall NOES : COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Kulchin ABSTAIN: COUNCIL MEMBERS EXECUTED this 7th day of September , 1995, Carlsbad, California. I CITY OF CARLSBAD STATE OF CALIFORNIA I 28