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HomeMy WebLinkAboutReso 93-434 - Awarding Sale of Bonds to M.L. Stern & Co. (Shasta View Ext Assessment Dist No 1990-2, Ph 2) RESOLUTION NO. 93 RESOLUTION AWARDING SALE OF BONDS TO M.L. STERN & CO. (Shasta View Extension Assessment District No. 1990-2 - Phase II) The City Council of the City of Redding resolves: WHEREAS, the City Council accepts the offer of M.L. . Stern & Co. , dated , 1993 (attached to this resolution and by reference incorporated in it) to purchase all of the Series 1990-2B improvement bonds to be issued in Shasta View Extension Assessment District No. 1990-2 (Phase II) , City of Redding, Shasta County, California. NOW THEREFORE BE IT RESOLVED AND ORDERED, the City Council directs the sale and delivery of the bonds to the offeror in accordance with the terms and conditions stated in the offer. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of Redding, Shasta County, California, at a regular meeting thereof, held on the 21st day of December, 1993 . AYES: Councilmembers: Anderson, Kehoe, Moss and Arness NOES: Councilmembers: None ABSENT: Councilmembers: Dahl CONNIE STROHMAYER, City Clerk, City of Redding, Shas a County, California By,4,, c. { SF2-25055.1 INVESTMENT SECURITIES BOND PURCHASE AGREEMENT December 21, 1993 City Council City of Redding 760 Parkview Avenue Redding, CA 96001 Dear Council Members, For not to exceed $165,000.00 par value legally issued Improvement Bonds, City of Redding, Shasta View Extension Assessment District No. 1990-2, Series 1990-2B, dated January 5, 1994, and maturing serially from September 2, 1995, to September 2, 2011, inclusive, subject to all of the terms and conditions following, we will pay ninety seven and one-half percent (97.50%) of the par value thereof with accrued interest to the date of delivery, if any, for bonds bearing interest at the rates and maturing in the amounts shown in Exhibit A herewith attached and considered a part of this Purchase Contract. Said bonds shall be in the denominations of$1,000 or integral multiples thereof. This bid is made for acceptance by the City of Redding on December 21, 1993, and is subject to the unqualified approving legal opinion of Orrick, Herrington & Sutcliffe, to be furnished to us at your expense. Said legal opinion is to be printed on the bonds at your expense. Delivery of these bonds is to be made to us on or about January 5, 1994. If the bonds are not tendered for delivery to us accompanied by said approving legal opinion by January 5, 1994, we shall have the right, at our option, to cancel this bond Purchase Contract. However, by mutual agreement, the time for delivery may be extended. 8350 Wilshire Boulevard, Beverly Hills, California 90211-9972 (213) 658-4400 Branch Offices: Carmel, San Diego, Sacramento Member: NASD, SIPC RED902B/12116/93/REV.I City of Redding Page Two December 21, 1993 This bid is also made subject to the following terms and conditions: A) The bonds to be sold will be secured by unpaid assessments levied upon private property within said Assessment District, and authorized by proceedings taken pursuant to the Municipal Improvement Act of 1913 (Division 12 of the Streets and Highways Code of the State of California), and are to be issued pursuant to the provisions,of the Improvement Bond Act of 1915 (Division 10 of said Code). Proceeds from the sale of the bonds will be used to pay the costs of the Improvement Project as authorized by said proceedings. B) Any bond may be redeemed on any March 2, or September 2, prior to its fixed maturity date, at the option of the City Treasurer, upon giving 30 days prior notice, and upon the payment of the principal amount thereof and interest accrued thereon to the date of redemption, plus a redemption premium of three percent(3.00%) of the principal amount thereof C) No later than October 1 in any year, the City shall file an action in the Superior Court to foreclose the lien of each delinquent assessment if the sum of uncured assessment delinquencies for the preceding fiscal year exceeds five percent (5%) of the assessment installments posted to the tax roll for that fiscal year, and if the amount of the special reserve fund is less than the Reserve Requirement. D) A Special Reserve Fund will be created to provide available funds from which the City of Redding can advance and make payment on the amount of any delinquent assessments levied for these proceedings. Payments from the Reserve Fund shall be an advance to be reimbursed from the proceeds of redemption or sale of the properties with respect to which payment has been made. The Special Reserve Account shall be maintained as a separate trust account distinct from all other funds of the City of Redding. The Special Reserve Fund shall be in amount equal to seven percent (7.00%) of the bonds issued for these proceedings. The Special Reserve Fund shall be administered and payments shall be made, all as authorized under the provisions of the Improvement bond Act of 1915. E) If a delinquency occurs in the payment of any assessment installment, the City of Redding will have a duty only to transfer into the Redemption Fund the amount of the delinquency out of the Reserve Fund. This duty on the part of the City of Redding shall be continuous during the period of the delinquency, only to the extent of funds available from the Reserve Fund, until reinstatement, redemption, or sale of the delinquent property. F) At the time of payment for and delivery of the bonds, the City of Redding will furnish a certificate that there is no litigation threatened or pending affecting the validity of the bonds or the legality of the assessment. INVESTMENT SECURITIES City of Redding Page Three December 21, 1993 G) There shall be no bonds issued secured by unpaid assessments levied upon any lot or parcel of land belonging to the United States, or to the State of California, or to any county, city, public agency mandatory of the government, school board, educational, penal or reform institution or institution for the feeble-minded or the insane, whether such lot or parcel of land is in use in the performance of any public function. I) We estimate the total interest cost, including discount, to be $116,403.56, a net interest rate of 6.39%. This proposal is submitted in duplicate, one copy of which is to be officially signed and returned to us. Very truly yours, M.L. STERN & CO. INC. 11.ek Paul H. White Executive Vice President The foregoing proposal is hereby accepted on behalf of the City of Redding. �o 21 DATE � AUTHORIZED SIGNATURE /K_ INVESTMENT SECURITIES EXHIBIT A CITY OF REDDING, CALIFORNIA SHASTA VIEW EXTENSION ASSESSMENT DISTRICT NO. 1990-2, SERIES 1990-211 INTEREST PRINCIPAL YEAR RATE AMOUNT 1995 4.00% $6,000 1996 4.50 $6,000 1997 4.75 $7,000 1998 5.00 $7,000 1999 5.25 $7,000 2000 5.50 $8,000 2001 5.70 $8,000 2002 5.80 $9,000 2003 5.90 $9,000 2004 6.00 $10,000 2005 6.10 $10,000 2006 6.20 $11,000 2007 6.30 $12,000 2008 6.40 $13,000 2009 6.45 $13,000 2010 6.50 $14,000 2011 6.50 $15,000 Exhibit A is hereby accepted on behalf of the City of Redding. DATE 93 AUTHORIZED SIGNATURE c INVESTMENT SECURITIES