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HomeMy WebLinkAbout1970-08-05; Municipal Water District; Resolution 254RESOLUTION NO, 254 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT AUTHORIZING A LOAN OF $1OO,OOO FROM SECURITY- PACIFIC NATIONAL BANK WHEREAS, the CARLSBAD MUNICIPAL WATER DISTRICT is realigning the major transmission line of CARLSBAD MUNICIPAL WATER DISTRICT on El Camino Real, to coordinate with the re- alignment of El Camino Real and other improvements by County of San Diego; and WHEREAS, after careful investigation of the available resources of the CARLSBAD MUNICIPAL WATER DISTRICT for the construction work required by CARLSBAD MUNICIPAL WATER DISTRICT, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT have deemed that it is to the benefit and best interests of the Dist- rict to borrow a portion of the funds necessary for the said construction work; and WHEREAS, SECURITY-PACIFIC NATIONAL BANK, a national bank- ing association, has offered to lend $100,000 to the District under certain terms and conditions; and WHEREAS, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT deems it to be to the best interests of the Dist- rict to borrow $100,000 from SECURITY-PACIFIC NATIONAL BANK under certain terms and conditions. NOW, THEREFORE, THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: 1. That CARLSBAD MUNICIPAL WATER DISTRICT borrow the sum of $100,000,00 from SECURITY-PACIFIC NATIONAL BANK, a national banking association, in accordance with the terms and conditions set forth in the proposed Promissory Note, a copy attached hereto marked Exhibit "A" and incorporated herein by reference. 2. That the President and Secretary of CARLSBAD MUNICIPAL WATER DISTRICT are hereby authorized and directed to execute the original Promissory Note, a copy of said note attached hereto as Exhibit "A", for and on behalf of the CARLSBAD -1- MUNICIPAL WATER DISTRICT, and to do any and all other ne- - cessary acts to consummate the loan transaction. 3. That the entire proceeds of this loan of $100,000 shall be used only for the purpose of funding the contract be- tween CARLSBAD MUNICIPAL WATER DISTRICT and DON HUBBARD CON- TRACTING CO. for the construction and completion of water system relocations and extensions for El Camino Real Highway Project, Carlsbad Municipal Water District. ADOPTED, SIGNED AND APPROVED this 5th day of August, 1970. President of CAFhSbAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof. ATTEST : _-- Secretary of CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof. -2- ,- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1 ss I, W. D. CARMICHAEL, Secretary of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Board of Di- rectors of said District at a regular meeting of said Board held on the 5th day of August, 1970, and that it was so adopted by the following vote: AYES : Directors: Carmichael, Kelly, McLeod, Maerkle and Palmer. NOES : Directors: None, ABSENT: Directors: None. @k) @wh. 1,J Secretary of CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof, STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1 ss I, W. D. CARMICHAEL, Secretary of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 254 of said Board, and that the same has not been amended or repealed. Dated: August 5, 1970, W. D, CARMICHAEL Secretary of CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof. -3- I i' I. PROMISSORY NOTE $100,000.00 Carlsbad, California In installments as herein stated, for value received, the under- . signed promise to pay to SECURITY PACIFIC NATIONAL BANK, a national banking association, or order, at Carlsbad, California, the s& of ONE HUNDRED THOUSAND DOLLARS ($lOO,OOO.OO), with interest from August 5,: 1970, on unpaid principal at the rate of seven per cent (7%) per anhum.' Principal shall be payable in annual installments of TWENTY THOUSAND DOLLARS ($20,000.00) or more on the fifth day of August of each yea beginning on August 5, 1971. Interest shall be payable in quarterly installments beginning on November 5, 1970. r interest shall continue after the first payment date until said princi- pal and interest have been paid in full, * 4. +. Payments of principal and I- ,' iL Should default be made in payment of any installment of principhl I_ or interest when due, the whole sum of principal and interest shall be- come immediately due at the option of the holder of this note. Princi- pal and interest shall be payable in lawful money of the United States. If action be instituted on this note, the undersigned promises to pay such sum as the Court may fix as attorney's 'fees. L *? \' ? The undersigned reserves the right to prepay any unpaid balance e - :..+ of this note at any time, without any penalty. .;;e This promissory note is issued in accordance with Section 71811, Z Water Code, State of California, as amended, and in accordance with appropriate and legal action by the duly constituted and acting Board of Directors of Carlsbad Municipal Water District. CARLSBAD MUNICIPAL WATER DISTRICT By : FRED W. MAERKLE, President ". By : W. D. CARMICHAEL, Secretary