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HomeMy WebLinkAbout1995-426 RESOLUTION NO. 95-426 1 2 3 4 5 6 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING ISSUANCE OF AND THE TERMS OF LIMITED OBLIGATION BONDS FOR ASSESSMENT DISTRICT NO. 1015 WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO, CALIFORNIA, is conducting proceedings for the installation of certain public improvements in a special assessment district pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and 7 Highways Code of the State of California, said special 8 assessment district known and designated as ASSESSMENT DISTRICT 9 NO. 1015 (NEW PINE AVENUE) (hereinafter referred to as the 10 "Assessment District"); and, 11 WHEREAS, this legislative body has previously declared in 12 its Resolution of Intention to issue bonds to finance said 13 improvements, said bonds to issue pursuant to the terms and 14 provisions of the "Improvement Bond Act of 1915", being Division 15 10 of said Code, which bonds will be purchased and held by the 16 City pursuant to the terms and conditions as set forth in this 17 Resolution; and, 18 WHEREAS, this legislative body hereby further determines 19 that the unpaid assessments shall be specifically in the amount 20 as shown and set forth in the Certificate of Paid and Unpaid 21 Assessments as certified by and on file with the Treasurer, and 22 for particulars as to the amount of said unpaid assessments, 23 said Certificate and list shall control and govern. 24 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 25 III 26 III 27 III 28 III p"~: J,/.... RESOLUTION OF THE CITY OF SAN BERNk~DINO AUTHORIZING ISSUANCE OF AND THE TERMS OF LIMITED OBLIGATION BONDS FOR ASSESSMENT DISTRICT NO. 1015 1 2 3 4 5 6 7 8 9 10 11 12 13 RECITALS SECTION 1. That the above recitals are true and correct. BOND AUTHORIZATION SECTION 2. That this legislative body does authorize the issuance of limited obligation improvement bonds in an aggregate principal amount equal to the aggregate principal amount of the unpaid assessments pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California. BOND TERMS SECTION 3. The last installment of the Bonds shall mature a maximum of and not to exceed twenty-four (24) years from the second day of September next succeeding twelve (12) months from 14 their date. The Bonds shall be issuable only as fully 15 registered Bonds in the denomination of $5,000, or any integral 16 multiple thereof, except for one bond maturing in the first year 17 of maturity, which shall include the amount by which the total 18 issue exceeds the maximum integral mUltiple of $5,000 contained 19 therein. The principal amount payable each year shall be such 20 as to result in approximately equal annual debt service during 21 the term of the issue considering the interest rate. The 22 provisions of Part 11.1 of the Act providing an alternative 23 procedure for the advance payment of assessments and the calling 24 of Bond shall apply. The Bonds shall be subject to refunding 25 pursuant to Division 11.5 of the Streets and Highways Code of 26 the State of California. 27 28 //'"=.. .~/", RESOLUTION OF THE CITY OF SAN BEID1ARDINO AUTHORIZING ISSUANCE OF AND THE TERMS OF LIMITED OBLIGATION BONDS FOR ASSESSMENT DISTRICT NO. 1015 1 2 3 4 5 6 7 INTEREST RATE SECTION 4. Interest is payable each March 2 and September 2 (each being an interest payment date), commencing March 2, 1997. Each Bond shall be of a single maturity and shall bear interest at the rate of six percent (6%) per annum. Interest shall be calculated on the basis of a 360 day year composed of twelve 30-day months. 8 Bonds shall accrue interest from their date, and bonds 9 10 11 12 13 14 15 16 17 18 shall be dated as designated and certified by the Director of Finance. REDEMPTION SECTION 5. The Bonds shall be subject to optional redemption and payment in advance of maturity, in whole or in part, on the 2nd day of March or September in any year, from any source of funds, at par, plus accrued interest to the date of redemption. EXECUTION AND DELIVERY OF BONDS SECTION 6. The Bonds shall be issued in the form of one 19 bond which shall set forth and include all annual maturities and 20 shall be executed manually by the Treasurer and by the City 21 Clerk. The executed Bond shall be delivered and held by the 22 Treasurer for the benefit of the city. 23 24 FINAL ASSESSMENTS SECTION 7. That the Certificate of Paid and Unpaid 25 Assessments, as certified by the Treasurer, shall remain on file 26 in that office and be open for public inspection for all 27 particulars as it relates to the amount of unpaid assessments to 28 secure bonds for this Assessment District. 07/-: // V .'.-,/>- . RESOLUTION OF THE CITY OF S~~ BERNARDINO AUTHORIZING ISSUANCE OF AND THE TERMS OF LIMITED OBLIGATION BONDS FOR ASSESSMENT DISTRICT NO. 1015 1 2 3 4 5 6 7 OTHER ACTS SECTION 9. All actions heretofore taken by the officers and agents of the City with respect to the sale and issuance of the bonds are hereby approved, confirmed and ratified, and the Mayor and any and all other officers of the city are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions 8 relating to the execution and delivery of any and all 9 certificates, requisitions, agreements and other documents, 10 which they may deem necessary or advisable in order to 11 consummate the lawful issuance and delivery of the bonds in 12 accordance with this resolution. 13 I I I 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 11/ 26 III 27 III 28 III ,;'( _ __(I' /' .' .... .-"''C. RESOLUTION OF THE CITY OF S&~ BERNARDINO AUTHORIZING ISSUANCE OF AND THE TERMS OF LIMITED OBLIGATION BONDS FOR ASSESSMENT DISTRICT NO. 1015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I HEREBY CERTIFY that the foregoing resolution was adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 18th day of December, 1995, by the following vote, to wit: Council Members: AYES NAYS NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x ABSTAIN (j.) l~ U,f<--,I^f,- CitY0:lerk The foregoing resolution is hereby approved thisJ'Oth day of December, 1995. ~;);f~ 'TOM MINOR, Mayor city of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney 23 24 BY:~-'a.. 25 ~ro:e~ a-:Z:o:~ 26 27 28 BROWN, DIVEN & HENTSCHKE Bond Counsel