HomeMy WebLinkAbout95-71 - Special Assessment District 64 - Channel RoadRESOLUTION NO. 95 -71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH,
CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS AND APPROVING BOND
DOCUMENTS FOR A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF NEWPORT BEACH, 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 Highways Code of the State of California, said special assessment
district known and designated as ASSESSMENT DISTRICT NO. 64 (CHANNEL ROAD)
(hereinafter referred to as the "Assessment District'); and,
WHEREAS, this legislative body has previously declared in its Resolution of Intention to
issue bonds to finance said improvements, said bonds to issue pursuant to the terms and
provisions of the 'Improvement Bond Act of 1915 ", being Division 10 of said Code; and,
WHEREAS, at this time this legislative body is desirous to set forth the general terms and
conditions relating to the authorization, issuance and administration of said bonds; and,
WHEREAS, there has been presented, considered and ready for approval a bond indenture
setting forth the terms and conditions relating to the issuance and sale of bonds; and,
WHEREAS, there has also been presented for consideration by this legislative body a form
of Bond Purchase Contract authorizing the sale of bonds to M. L. STERN & CO., INC. the
designated underwriter; and,
WHEREAS, this legislative body hereby further determines that the unpaid assessments
shall be specifically in the amount as shown and set forth in the Certificate of Paid and Unpaid
Assessments as certified by and on file with the Treasurer, and for particulars as to the amount
of said unpaid assessments, said Certificate and list shall control and govern.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
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 not to exceed 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,
and also pursuant to the specific terms and conditions as set forth in the Bond Indenture
presented herein.
BOND INDENTURE
SECTION 3. That the Bond Indenture is approved substantially in the form presented
herein. The Treasurer is hereby authorized and directed for and on behalf of the City to execute
the Bond Indenture with such additions thereto or changes therein as may be approved by the
Treasurer, such approval by the Treasurer to be conclusively evidenced by the execution and
• delivery thereof. A copy of said Bond Indenture shall be kept on file with the transcript of these
proceedings and open for public inspection.
BOND PURCHASE CONTRACT
SECTION 4. That the Bond Purchase Contract as submitted by M. L. STERN & CO., INC.,
the designated underwriter, is hereby approved substantially in the form presented herein. The
Treasurer is hereby authorized and directed for and on behalf of the City to evidence the City's
acceptance of the terms and provisions of the Bond Purchase Contract in the form presented to
the City Council at this meeting, with such changes therein as are approved by the Treasurer,
such approval by the Treasurer to be conclusively evidenced by the execution and delivery
thereof; provided, however, the Treasurer shall execute the Bond Purchase Contract only if the
aggregate principal amount of the Bonds is equal to the unpaid assessments within the
Assessment District, the underwriter's discount does not exceed two percent (2 %) and the interest
rate on the Bonds shall not exceed seven and one -half percent (7.5 %) per annum.
FINAL BOND DELIVERY
SECTION 5. No further action will be required by this legislative body if the bonds are
priced, sold and delivered on or before September 1, 1995.
FINAL ASSESSMENTS
SECTION 6. That the Certificate of Paid and Unpaid Assessments, as certified by the
Treasurer, shall remain on file in that office and be open for public inspection for all particulars
as it relates to the amount of unpaid assessments to secure bonds for this Assessment District.
SUPERIOR COURT FORECLOSURE
SECTION 7. This legislative body does further specifically covenant for the benefit of the
bondholders to commence and prosecute to completion foreclosure actions regarding delinquent
installments of the assessments in the manner, within the time limits and pursuant to the terms
• and conditions as set forth in the Bond Indenture as submitted and approved through the adoption
of this Resolution.
OTHER ACTS
SECTION 8. 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
Treasurer 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
• relating to the execution and delivery of any and all certificates, requisitions, agreements and
other documents, which the Treasurer may deem necessary or advisable in order to consummate
the lawful issuance and delivery of the bonds in accordance with this resolution.
APPROVED and ADOPTED this 12th day of June , 1995.
\ ®.J
MAYOR
ATTEST:
CITY CLERK
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