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HomeMy WebLinkAbout1978-09-20; Municipal Water District; Resolution 375RESOLUTION NO. 375 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUTJICIPAL WATER DISTRICT AUTHORIZII’IG ISSUANCE OF NEGOTIABLE PROYISSORY NOTE IN THE PRINCIPAL AMOUNT OF $6O0,900.00 TQ SOUTHWEST BAfJK IN ACCORDANCE WITH SECTION 71810 ATJD 71811, WATER CODE OF THE STATE OF CALIFORNIA AND RESCINDING RESOLUTION 372 WHEREAS, the Board of Directors of the CARLSBAD NUNICIPAL WATER DISTRICT has deemed! it to the best interests of the CARLSBAD FIUNICIPAL WATER DISTRICT and the inhabitants thereof to construct an extension of the TRI-AGENCIES PIPELINE for the con- struction of a water transmission line and appurtenances thereto within the boundaries of CARLSBAD MUNICIPAL WATER DISTRICT; and WIIEREAS, the Board of Directors of the CARLSBAD MUNICIPAL WATER DISTRICT deemed it to the best interests of the CARLSBAD - MUNICIPAL WATER DISTRICT to issue negotiable promissory notes in the principal sum of $500,000.00, in accordance with Section 71810 and 71811, Water Code of the State of California, to secure some of the necessary funds for the said extension, based upon the estimated cost of said extension; and WHEREAS, the Board of Directors of the CARLSBAD MUNICIPAL WATE? DISTRICT has caused a notice inviting quotations on the said. negotiable promissory notes to he delivered to all finan- cial institutions located within the boundaries of CARLSBAD MUNI- CIPAL TATER DISTRICT; an2 WHEREAS, SOUTHIWEST BANK had submitted an acceptable quota- tion to CARLSBAD MUNICIPAL WATER DISTRICT on the proposed nego- tiable promissory notes in the sum of $500,000.00; and WHEREAS, the quotation of SOUTHWEST BANK was accepted by adoption of Resolution No. 372 of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT; and WHEREAS, the 3oard of Directors of CARLSBAD E11JNICIPAL VATER DISTRICT have now received the actual cost of the exten- sion of said pipeline by a change order to the existing contract for the construction of the TRI-AGENCIES PIPELINE; and c_ WHEREAS, the actual cost to CARLSBAD MUNICIPAL V7ATER DIS- TRICT for said extension exceeds the oriqinal cost estimate; and WHEREAS, the Board of Directors of the CARLSBAD MUNICIPAL V7ATE3 DISTRICT has deemed it to the best interests of the CARLS- BAD EITJNICIPAL WATEQ DISTRICT to issue negotiable promissory notes in the principal sum of $600,000.00 in accordance with Sec- tion 71810 and 71811, Water Code of the State of California to secure the necessary funds for said extension: and IWIEREAS, the Board of Directors of the CARLSBAD MUNICIPAL PATER DISTRICT has caused neqotiations to be conducted with SOUTHWEST BANK for an acceptable quotation to CARLSBAD MUNICIPAL WATER DISTRICT on the sum of $600,000.00 negotiable promissory notes; and - V7HEREAS, SOUTHWEST BAVK has submitted an acceptable quota- tion to CARLSBAD MUYICIPAL WATER DISTRICT on said proposed nego- tiable promissory notes in the principal sun of $600,000.00. NOW, THEREFORE, THE BOARD OF DIRECTORS OF CAXLSBAD MUNI- CIPAL WATEP, DISTRICT DOES HEREBY RESOLVE AND ORDER AS FOLLOW : 1. Resolution No. 372 of the Board of Directors of CARLS- BAD MUNICIPAL WATER DISTRICT is hereby rescinded. 2. The quotation of SOUTEIP7EST BANK to loan to CARLSBAD _I MUNICIPAL VlATER DISTRICT the principal sum of $600,000.00, by issuing a negotiable promissory note, in accordance with Section 71810 and 71811, Water Code of the State of California, under the following terms and conditions: -2- Principal Amount: Interest Rate : Principal Payment: Interest Payment: $ 600,000.00 5 7/8% per annum, on principal balance remaining from time to time. $60,000.00 or more on July 1, 1979 and on January 1, 1980 and on the 1st day of July and the 1st day of January of each calendar year thereafter until July 1, 1983 at which time any remaining principal balance is due and payable in full. On July 1, 1979 and on January 1, 1980 and on the 1st day of July and 1st day of January of each calendar year thereafter until the total principal sum has been paid in full. is hereby accepted. 2. The payment of the sums due under said negotiable promissory note shall be payable from revenues and taxes levied I-- for purposes of the District, other than the payment of princi- I , pal and interest on any bonded debt of the District or of an improvement district therein, in accordance with Section 71810, ._ Water Code of the State of California. 3. The President and Secretary of the CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof are author- ized and hereby directed to execute any documents for and on behalf of CARLSBAD MUNICIPAL WATER DISTRICT. ADOPTED, SIGNED AND APPROVED this 20th day of September, 1978. President of CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof. -3- ATTEST: F"$ VI. MAERKLE Secretary of GARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof. STATE OF CALIFORTJIA ) COUNTY OF SAN DIEGO 1 : ss. I, FRED b7. MAERKLE, Secretary of the Board of Directors of CARLSBAD MUNICIPAL FJATER DISTRICT, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT at a regular meeting of - said Board held on the 20th day of September, 1978, and that it was so adopted by the following vote: AYES: DIRECTORS: KELLY, MacLEOD, PllAERKLE NOES : DIRECTORS: NONE. ABSTAIPJ : DIRECTORS : UIILINGER ABSENT : DIRECTORS : ENGELMANN W. MAERKLE CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof. -4-