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HomeMy WebLinkAboutReso. 1988-094 - Resolution ordering sale of bonds huntington drive/debbie lane water assessment district no. 1987-3 111 i RESOLUTION NO. u g ly RESOLUTION ORDERING SALE OF BONDS HUNTINGTON DRIVE/DEBBIE LANE WATER ASSESSMENT DISTRICT NO. 1987-3 The City Council of the City of Redding resolves: The City Council accepts the offer of M. L. Stern & Co. , Inc. , (attached to this resolution and by reference incorporated in it) to purchase all of the improvement bonds to be issued in Huntington Drive/Debbie Lane Water Assessment District No. 1987-3 , City of Redding, Shasta County, California. 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 1st day of March, 1988. AYES: Councilmembers Carter , Fulton , Gard , Johannessen , & Dahl NOES: Councilmembers None ABSENT: Councilmembers None ETHEL A. NICHOLS, City Clerk, City of Redding, Shasta County, California r BY Q. ° MIA. 1 . ' ''' ' . Mad • WI INVESTMENT SECURITIES I ; March 1, 1988 City Council City of Redding City Hall 760 Parkview Avenue Redding, CA 96001 Dear Council Members, For not to exceed $209, 870. 11 par value legally issued Improvement Bonds, City of Redding, Huntington Drive/Debbie . i Lane Water Assessment District No. 1987-3 , dated March 15, 1988, and maturing serially from September 2, 1989, to September 2, 2003, subject to all of the terms and conditions following, we will pay ninety-seven percent (97. 00%) of the par value thereof, with accrued interest to the date of ! delivery, for bonds bearing interest at the rates and maturing in the amounts shown below: INTEREST PRINCIPAL INTEREST PRINCIPAL YEAR RATE AMOUNT YEAR RATE AMOUNT 1989 5. 25% $ 4,870. 11 1997 7.40% $15, 000 1990 5.75 10, 000 1998 7.50 15, 000 1991 6. 00 10, 000 1999 7. 60 15, 000 1992 6. 25 10, 000 2000 7.70 20, 000 , ,, 1993 6.50 10, 000 2001 7. 75 20, 000 ' 1994 6.75 10, 000 2002 7.75 20, 000 1995 7. 00 10, 000 2003 7 . 75 25, 000 1996 7.25 15, 000 Said bonds shall be in the denominations of $5, 000 or any integral multiple thereof, except for the bond due in 1989, which shall be in the principal amount as shown above. 8350 Wilshire Boulevard, Beverly Hills,California 90211 (213) 650-4001 Branch Offices:Carmel,San Diego, Sacramento Member:NASD,SIPC i • • March 1, 1988 Page Two City of Redding This bid is made for acceptance by the City Council on March 1, 1988, and is subject to the unqualified approving legal opinion of Sturgis, Ness, Brunsell & Sperry, 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 March 15, 1988. If the bonds are not tendered for delivery to us accompanied by said approving legal opinion within the time stated in this proposal, we shall have the right, at our option, to cancel this contract of purchase. However, by mutual agreement, the time for delivery may be extended. 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 Treasurer of the City, 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%) of the principal amount thereof. C) In the event of any delinquency in the payment of any installment of an unpaid assessment, the City must order institution of an action in the Superior Court of the State of California to foreclose the lien of such unpaid assessment, as authorized by Part 14, Division 10 of the Streets and Highways Code of the State of California. In such action, the real properties subject to the unpaid assessment may be sold at judicial foreclosure. The City has determined to authorize judicial foreclosure in lieu of tax sale and the five-year redemption period within 150 days following the date of such a delinquency. D) A Special Reserve Fund will be created to provide available funds from which the City can advance and make payment on the amount of any delinquent assessments levied for these proceedings. Payments from 1 March 1, 1988 Page Three City of Redding 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. The Special Reserve Fund shall be in amount equal. to five percent (5. 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 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 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 will furnish a certificate that there is no litigation threatened or pending affecting the validity of the bonds or the legality of the assessment. 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 agent, mandatory of the government, school board, educational, penal or reform institution or institution for the feebleminded or the insane, whether such lot or parcel of land is in use in the performance of any public function. H) We estimate the total interest cost, including discount, to be $163 , 088. 60, a net interest rate of 7. 7764%. 1 March 1, 1988 Page Four City of Redding 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.( White Senior Vice President The foregoing proposal is hereby accepted on behalf of the City of Redding. (21q; °6111-t DATEZ -'Ji( /9gY AUTHORIZED SIGNATURE