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HomeMy WebLinkAboutResolution No. 4826RESOLUTION NO. 4826 RESOLUTION AUTHORIZING ISSUANCE OF BONDS IN THE AMOUNT OF $107,409.69, AMENDING RESOLUTION OF INTENTION IN THE MATTER OF THE TERM OF SAID BONDS, FIXING DATE OF BONDS AND DIRECTING PUBLICATION OF OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS, EAST SAN RAFAEL DRAINAGE ASSESSMENT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA WHEREAS, on the 3rd day of April, 1972, the City Council of the City of San Rafael, Marin County, California, levied an assessment in the amount of $2,611,492.69 in East San Rafael Drainage Assessment District No. 1, City of San Rafael, Marin County, California, and authorized the issuance of bonds in the amount of $2,200,000.00; and WHEREAS, said City Council finds it necessary and desirable to authorize the issuance of an additional $107,409.69 in bonds and desires to set the term of said bonds for a period shorter than that shown in Resolution of Intention No. 3998, adopted on the 18th day of January, 1971, as amended, because of current market conditions, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, as follows: 1. That bonds in the amount of $107,409.69 shall be issued. 2. Said bonds shall be dated October 2, 1974, and shall bear interest from said date. 3. That the bond clause of Resolution of Intention No. 3998, as amended, is hereby amended for the purpose of fixing the term of this issue of bonds only and shall read as follows: NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid assessments, and bearing interest at the rate of not to exceed seven per cent (7%) per annum, shall be issued herein in the manner provided in Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, the last installment of which shall mature fourteen (14) years from the 2nd day of July next succeeding ten (10) months from their date. -1- 3 ',a The City Clerk of the City of San Rafael is hereby authorized and directed to set forth said amended bond clause in the Official Notice Inviting Bids for purchase of said bonds. 4. That the City Clerk is hereby authorized to publish Official Notice Inviting Bids for the purchase of bonds, which Notice is attached hereto, marked "EXHIBIT A" and made a part hereof, said bids to be received at the hour of 2:00 o'clock P.M. on the 16th day of September, 1974, in the office of the City Clerk of the City of San Rafael, Marin County, California, at which said time and place said proposals will be publicly opened, examined and declared. 5. That said Notice shall be published once. 6. That the amortization schedule of said bonds shall be as set forth in "EXHIBIT A" attached hereto. F.7 I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular meeting thereof, held on the 3rd day of September, 1974, by the following vote, to wit: AYES: Councilmen Jensen, Mi sk i men , Mu l ryan and Mayor Bett i n i NOES: Councilmen Nnne ABSENT: Councilmen MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California WZ OFFICIAL NOTICE INVITING BIDS FOR THE PURCHASE OF BONDS, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA, UNDER THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913 AND THE IMPROVEMENT BOND ACT OF 1915 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City Clerk of the City of San Rafael, Marin County, California, -located in the City Hall, 1400 Fifth Avenue, San Rafael, California, at the hour of 2:00 o'clock P.M. on the 16th day of September, 1974, for the purchase of $107,409.69 principal amount of bonds for East San Rafael Drainage Assessment District No. 1, City of San Rafael, Marin County, California. Said bids will be publicly opened, examined and declared at said time and place. These bonds are authorized to be issued, and the assess- ments are authorized to be levied, under the provisions of Resolution of Intention No. 3998, as amended, of the City Council of the City of San Rafael, adopted on the 18th day of January, 1971, and proceedings subsequent thereto. The Resolution of Intention, as amended on the 3rd day of September, 1974, provides with relation to said bonds as follows: NOTICE IS HEREBY GIVEN that serial bonds to repre- sent unpaid assessments, and bearing interest at the rate of not to exceed seven per cent (70) per annum, shall be issued herein in the manner provided in Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, the last installment of which shall mature fourteen (14) years from the 2nd day of July next succeeding ten (10) months from their date. MATURITIES AND AMOUNT OF BONDS: Said bonds will be in the amount of $107,409.69. All bidders, by submission of a bid, agree to purchase the total amount of bonds to be issued. The maturity schedule on the bonds will be as follows: -1- � Bond Numbers Maturity Date Total Amount Inclusive of Bonds Maturing 1 - 4 July 2, 1976 $ 8,409.69 5 - 8 July 2, 1977 8,000.00 9 - 11 July 2, 1978 7,000.00 12 - 14 July 2, 1979 7,000.00 15 - 17 July 2, 1980 7,000.00 18 - 20 July 2, 1981 7,000.00 21 - 23 July 2, 1982 7,000.00 24 - 26 July 2, 1983 7,000.00 27 - 29 July 2, 1984 7,000.00 30 - 32 July 2, 1985 7,000.00 33 - 35 July 2, 1986 7,000.00 36 - 38 July 2, 1987 7,000.00 39 - 41 July 2, 1988 7,000.00 42 - 44 July 2, 1989 7,000.00 45 - 47 July 2, 1990 7,000.00 TOTAL $ 107,409.69 NOTE: Bond No. 1 is in the amount of $1,409.69. Also in the first year, the second and third bonds are in $1,000.00 denominations and there will be one $5,000.00 bond. In the second year, the first three bonds are in $1,000.00 denominations with one $5,000.00 bond. In all subsequent years, the first two bonds each year are in $1,000.00 denominations with one $5,000.00 bond. DATE OF BONDS AND INTEREST RATE: Bonds are to be dated the 2nd day of October, 1974, and will bear interest from said date. Interest rate is fixed in the Resolution of Intention, as amended, at not to exceed seven per cent (70) per annum. Such interest shall be evidenced by coupons attached to each bond, and each of said coupons shall represent six months' interest on the bond to which it is attached. The first coupon will be for interest from October 2, 1974, to January 2, 1976. PURPOSE OF ISSUE: Said bonds are authorized to be issued by the City Council of the City of San Rafael, Marin County, California, by Resolution of Intention No. 3998, as amended, and -2- proceedings subsequent thereto. The purpose is for the construction of improvements and acquisition of properties. These improvements are within the boundaries of the assessment district designated, "East San Rafael Drainage Assessment District No. 1, City of San Rafael, Marin County, California," and reference for details is made to the proceedings for the formation and completion of said assess- ment district. PAYMENT: Both principal and interest are payable in lawful money of the United States at the office of the County Treasurer of the County of Marin, Civic Center, San Rafael, California. CALLABLE BONDS: All bonds are callable pursuant to the provisions of the Improvement Bond Act of 1915 twice each year. No bonds may be called except on July 2 or January 2 and there must be a sixty day notice of call. Any bond called will have interest to date of call and a premium of five per cent (5%) of the principal amount. AUTHORITY FOR ISSUANCE: Said bonds were authorized to be issued by the proceedings in said assessment district and said assessment district was organized and consummated under the pro- visions of the Municipal Improvement Act of 1913 and bonds provided to be issued under the Improvement Bond Act of 1915 of the State of California. SECURITY: Said bonds are payable from the redemption fund provided by law which is secured by all of the unpaid assess- ments within the boundaries of said district. Said bonds are further secured by a limited guarantee on the part of the entity which issued said bonds. Under the provisions of the Improvement Bond Act of 1915, any real property on which the owners have failed to pay installments of assessments as they fall due is sold for delinquencies by the City in the same manner as real property is sold for delinquent taxes. It is the duty of the City of -3- San Rafael to bid such property in at such tax sale. It then becomes the duty of the City to transfer to the Redemption Fund the amount of the purchase. In the event there is not sufficient money in the General Fund to transfer this amount into the Redemption Fund, it becomes the mandatory duty of the City to levy a tax up to 104! on each $100.00 of assessed valuation of property within the boundaries of the City of San Rafael sufficient in amount to pay for the delinquencies. It becomes the continuing duty of the City, through- out the life of the bond issue, to levy such a tax and to pay for the installments upon property sold to the City for delinquencies. The maximum levy which the City is obligated to make in any one year is 10� on each $100.00 of assessed valuation. The assessed valuation of all taxable property in the City of San Rafael for the -fiscal year 1973-1974 is $176,494,140.00. Ten cents on the $100.00 would therefore raise, in the City of San Rafael, the sum of $176,494.00, which is more than sufficient to cover the maximum amount of princi- pal and interest accruing in any one year of the bond issue if a ten cent UM levy should be necessary. LEGAL OPINION: The legal opinion of the law firm of Sturgis, Den -bulk, Douglass & Anderson, 1322 Webster Street, Oakland, California, 94612, approving the validity of said bonds will be furnished to the successful bidder without charge. In the opinion of Counsel, interest on the bonds is exempt from all federal income taxes, and from State of California personal income taxes, under presently existing statutes, regulations and court decisions, and the bonds are also exempt from all California taxes except inheri- tance, gift and franchise taxes. HIGHEST BID: The interest rate for all bonds shall be seven per cent (7%). The interest payable on any interest payment date may, however, be represented by one or more coupons. QM Unless all bids are rejected., the bonds will be awarded to the bidder whose proposal results in the lowest net interest cost to the issuer, and the net interest cost will be determined by deducting the amount of any premium paid from or adding the amount of any discount to the aggregate amount of interest upon all of the bonds from their date until their respective maturities. RIGHT OF REJECTION: The City of San Rafael reserves the right at its discretion to reject any and all bids and to waive any irregularity or informality in any bid. PROMPT AWARD: The City of San Rafael will take action awarding the bonds or rejecting all bids not later than forty-eight (48) hours after expiration of the time herein prescribed for the receipt of proposals. PROMPT DELIVERY: Delivery of the bonds will be made to the successful bidder at the office of the City Treasurer, City Hall, 1400 Fifth Avenue, San Rafael, California, as soon as the bonds can be prepared, but not earlier than the date of said bonds. Successful bidder, by making a bid, agrees to pay for and take delivery of the bonds within forty-eight (48) hours after notification by City that the bonds are ready for delivery, but bidder is not obligated to take delivery earlier than the date of the bonds. The successful bidder shall have the right at his option to cancel his offer to purchase if the bonds are not tendered for delivery within 45 days from the date of the bonds. FORM OF BID: All bids must be for not less than all of the bonds herein offered for sale. Each bid, together with bidder's check, must be enclosed in a sealed envelope addressed to the City Clerk of the City of San Rafael, and endorsed "Proposal for Bonds, East San Rafael Drainage Assessment District No. 1, City of San Rafael, Marin County, California." -5- BID CHECK: With each bid must be submitted a certified check or cashier's check for $2,500.00 drawn on a bank or trust company transacting business in the State of California, payable to the order of the City of San Rafael to secure the City of San Rafael from any loss resulting from the failure of the bidder to comply with the terms of his bid. Check of the unsuccessful bidders will be returned by mail upon the award of the bonds. Check of successful bidder will be credited upon the purchase price of the bonds, and no interest will be paid upon the deposit of any success- ful bidder. Check of the successful bidder will be forfeited to City if the bidder fails to pay for and take delivery of the bonds within the time provided for in this notice as liquidated damages. NO LITIGATION CERTIFICATE: The City of San Rafael will furnish to the successful bidder, at the time of delivery of the bonds, a no -litigation certificate, certifying that there is no controversy or litigation pending or threatened concerning the validity of the bonds. DATED: September 3, 1974 MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California