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HomeMy WebLinkAboutReso 1989-13955 RESOLUTION NO. 13955 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AUTHORIZING CERTAIN ASSESSMENT DISTRICT BONDS TO BE SOLD AT PUBLIC SALE AND DIRECTING A CALL FOR SEALED BIDS WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has previously initiated proceedings pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of california, and declared its intention to issue bonds pursuant to the provisions of the "Improvement Bond Act Of 1915", being Division 10 Of said Code, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 87-1 (EAST "H" STREET) (hereinafter referred to as the "Assessment District"); and, WHEREAS, at this time this legislative body is desirous to proceed to authorize that said bonds shall be sold on sealed proposals to the highest bidder, all in the form as authorized by law. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That this legislative body does hereby call for sealed bids through a competitive sale for bonds to be issued to represent unpaid assessments within the Assessment District, said bonds to be issued in the form and provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways code of the State of california. SECTION 3. That the interest rate on said bonds shall not exceed the current legal maximum interest rate of 12% per annum, and said bonds shall be subject to all of the terms and provisions relating to bonds as set forth in the "Improvement Bond Act of 1915", and further as set forth in the Resolution of Intention for these proceedings. SECTION 4. That the designated Financial Consultant, KADIE-JENSEN, JOHNSON & BODNAR, is hereby directed and authorized to proceed at this time to call for sealed bids and solicit proposals for the sale of bonds to represent all unpaid assessments on privately owned property within the boundaries Of the Assessment District. SECTION 5. That there will be furnished the legal opinion of BROWN & DIVEN, Attorneys at Law, approving the validity of the proceedings and the enforceability of said bonds. SECTION 6. That in the event of any delinquency in the payment of any installment of an assessment, it is hereby covenanted with the holder of the bonds that this legislative body will cause to be commenced and thereafter diligently prosecuted, judicial foreclosure proceedings upon all delin- quent unpaid assessments within one hundred fifty (150) days following any delinquency. It is further hereby ordered that an investigation be initiated as soon as possible each year to determine all tax delinquen- cies on all properties within the boundaries of the above-referenced Assessment District. APPROVED and ADOPTED this 7 th day of Febr~ f ,~989. CITY OF UL VISTA STATE OF CALIFORNIA AT~ST: ~I // APPROVED AS TO FORM BY STATE OF CALIFORNIA ~/~omas J. ~/ron, City Attorney -~TATE OF CALIFORNIA )UNTY OF SAN DIEGO CITY OF CHULA VISTA I, JENNIE M. FULASZ, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 13955 , was duly passed, approved and adopted by the city council, approved and signed by the Mayor, and attested by the City clerk, all at the meeting Of said city council held on the 7th day of Februar7 , 1989, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS McCandaliss, Nader, Moore NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Cox,Malcolm ABSTAIN: COUNCIL MEMBERS None EXECUTED this 9th day of February , 1989, at Chula Vista, California. STATE OF CALIFORNIA