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HomeMy WebLinkAboutReso 1995-17936 ,I '- RESOLUTION NO. 17936 t' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING AWARD FOR SALE OF BONDS AND APPROVING THIRD AMENDMENT TO ACQUISITION/FINANCING AGREEMENT FOR ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) WHEREAS, the city council of the City of Chula Vista has heretofore instituted and conducted proceedings under 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, for the installation of certain public works of improvement, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 94-1 (EastLake Greens II) (hereinafter referred to as the "Assessment District"); and WHEREAS, in the Resolution of Intention it was determined and declared that bonds should be issued under the provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California; and WHEREAS, there has now been received, in proper form, a bid (hereinafter the "proposal") for the purchase of the bonds that is considered to best serve the interests of owners of land included within the Assessment District and the proposal should be accepted; (,' and WHEREAS, there has been presented a Third Amendment to the Acquisition/Financing Agreement, on file in the city clerk's office and known as Document No. CO95-091, between the City of Chula Vista and EastLake Development Company with respect to the public improvements to be funded through the Assessment District. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitals are all true and correct. 2. That this legislative body hereby makes an award to and accepts the proposal for the purchase of the improvement bonds from, the responsible bidder, to wit: Stone and Youngberg, at the interest rate and terms as set forth in the proposal of said bidder as on file with the transcript of these proceedings and open for public inspection. 3. That all other bids received are hereby rejected. 4. That sale of the bonds is subject to all the terms and conditions as set forth in the Resolution of Issuance, in the Bond Indenture in its final form, and in the accepted proposal. 5. The form of the Third Amendment, herewith submitted, is hereby approved ~" substantially in the form submitted. The mayor is hereby authorized to execute the final form of such amendment on behalf of the city. The city manager, subject to the review of the city attorney and bond counsel, is authorized to Resolution 17936 Page 2 approve changes in such amendment deemed to be in the best interests of the city, such changes to be evidenced by the execution of such amendment. A copy of the final form of such amendment shall be kept on file in the office of the city clerk and remain available for public inspection. Presented by ~~ Resolution 17936 Page 3 PASSED, APPROVED, and ADOPTED by the city council of the City of Chula Vista, California, this 20th day of June, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shir(~y Horton, Mayor ATTEST: Beverly ~A~.Aut~elet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17936 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th day of June, 1995. Executed this 20th day of June, 1995. Be~Autl~elet, City Clerk