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HomeMy WebLinkAbout1997-10-28; City Council; Resolution 97-6540 0 1 2 3 4 5 6 RESOLUTION NO. 97-654 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING PRELIMINARY DETERMINATIONS, MAKING APPOINTMENTS, AND DECLARING INTENTION TO ISSUE REFUNDING BONDS FOR SPECIAL ASSESSMENT DISTRICTS NOS. 85-2 AND 88- 1, AND ORDERING A REPORT THEREON WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, 7 9 special assessment districts pursuant to the terms and provisions 8 did previously undertake proceedings and confirmed assessments in California (the "1915 Act"); and, 18 Division 10 of the Streets and Highways Code of the State of 17 in the, manner provided in the llImprovement Bond Act of 191511, being 16 assessments within said Assessment Districts were issued and sold 15 WHEREAS, improvements bonds representing the unpaid 14 referred to as the llAssessment Districtsv1) ; and, 13 District No. 85-2 and Assessment District No. 88-1 (hereinafter 12 special assessment districts being designated as Assessment 11 the Streets and Highways Code of the State of California, said 10 of the lgMunicipal Improvement Act of 1913", being Division 12 of 19 WHEREAS, at this time this legislative body is desirous of 20 of the Assessment Districts through the issuance, sale and delivery 21 initiating proceedings to refund all outstanding improvement bonds Section 1. That the above recitals are all true and correct. 27 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 26 "Refunding Act") ; 25 the Streets and Highways Code of the State of California (the 24 Act of 1984 for 1915 Improvement Act Bonds", being Division 11.5 of 23 of limited obligation refunding bonds pursuant to the "Refunding 22 28 /I/ 1 0 1 2 Section 2. 3 4 5 6 7 28 27 26 C. 25 24 23 22 21 20 19 18 B. 17 16 15 14 A. 13 12 11 10 9 Section 3. 8 That the public interest and necessity require, and it is the intention of this body, pursuant to the provisions of the Refunding Act, to refund all outstanding improvement bonds f o'r the Assessment Districts and to levy reassessments as security for such refunding bonds, and to issue refunding bonds as authorized by law. That this proposed reassessment levy and refunding of the original bonds is hereby referred to the herein after designated Assessment Engineer, who is hereby directed to make and file the Report in writing generally containing the following: A schedule setting forth the unpaid principal and interest on the improvement bonds of the Assessment Districts to be refunded and the total amounts thereof; A total estimated principal amount of the reassessment and of the refunding bonds and the maximum interest rate thereon, together with an estimate of costs of the reassessment and of issuing the refunding bonds, including all costs of issuing the refunding bonds, as defined by subdivision (a) of Section 9600 of the Refunding Act. ; The Auditor's Record kept pursuant to Section 8682 of the 1915 Act showing the schedule of the principal installments and interest on all unpaid original assessments and the total amounts thereof; L 0 a 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 28 I D. E. Section 4. Section 5 . Section 6. I The estimated amount of each reassessment, identified by reassessment number corresponding to the reassessment number on the reassessment diagram, together with a proposed Auditor's Record for the reassessment; A reassessment diagram showing the refunding assessment district and the boundaries and dimensions of the subdivisions of land within the refunding assessment district. Each subdivision, including each separate condominium interest as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. Any refunding bonds issued pursuant to these proceedings shall bear interest at the rate of not to exceed the current legal maximum rate of twelve percent (12%) per annum, or such other legal maximum rate which may be in effect at the time of issuance thereof. A certified public accountant shall certify that the proceeds and investments of the refunding bonds shall be sufficient to pay the principal of and interest and redemption premiums on the refunded bonds. Immediately upon the final preparation of the rrReportrt. as above ordered, said IrReporttr shall be filed with the City Clerk and presented to this legislative body for further consideration as- it relates to proceedings to issue refunding bonds and , 1 2 3 Section 7. 4 5 7 6 Section 8. 9 8 10 11 12 13 14 15 Section 9. 16 17 18 20 19 21 22 27 26 25 24 Section 10. 23 28 //I 0 0 confirm the reassessments. All outstanding improvement bonds and original assessments of the Assessment Districts shall continue and remain in full force and effect and be secured by the original assessments until superseded and replaced by reassessments and refunding bonds issued pursuant to all the terms and provisions of the Refunding Act. Galen N. Petersen is hereby appointed the Assessment Engineer for said proceedings, and said Assessment Engineer shall perform all of the duties and responsibilities as set forth by law as they relate to said refunding district. The law firm of Brown, Diven & Hentschke is hereby appointed to act as Bond Counsel for the purposes of preparing proceedings and issuing an approving opinion attesting to. the validity of the proceedings and the enforceability of the refunding bonds, pursuant to the terms and conditions of an Agreement for Bond Counsel Services submitted herewith, which Agreement is hereby accepted and approved for execution on behalf of the City. Peter J. Ross is hereby appointed the Financial Advisor to the City for said proceedings as they relate to reassessments and the issuance, sale and delivery of limited obligation refunding bonds for the refunding district. e w 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the City 2 1997, by the following vote: 3 Council of the City of Carlsbad, held on the 28th day of October, 4 NOES: None 5 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall 6 7 8 9 10 11 12 13 14 ABSENT : None ATTEST: 24- 67& ALETIQA L. RAUTENKRANZ, City dlerk 15 16 17 18 19 20 21 22 23 24 25 26 27 28