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HomeMy WebLinkAboutCity Council - 5938 RESOLUTION NO. 5938 A; RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING PROPOSAL FOR SALE OF BONDS TO REPRESENT UNPAID ASSESSMENTS UPON LANDS IN AN ASSESSMENT DISTRICT WHEREAS, the City Council of the City of Huntington Beach in accordance with 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, and pursuant to its Resolution of Intention previously adopted,has initiated proceedings for the construction of certain public works of improvement, together with acquisition, where necessary, and appurtenances, in a special assessment district known and designated as Assessment District No. 88-1 (Reservoir Hill,hereinafter referred to as the "Assessment District" ) ; and It has been determined that serial bonds representing unpaid assessments against private property shall be issued pursuant to and as set forth in the "Improvement Bond Act of 1915" , being Division 10 of the Streets and Highways Code of the State of California; and At this time this legislative body is desirous to request the solicitation of a proposal for the sale of bonds for purposes of financing the works of improvement as proposed for construction in this Assessment District . NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. That the above recitals are all true and correct. 1 - 5938 SECTION 2 . That the Financial Consultant , Fieldman, Rolapp & Associates is hereby authorized to formally request and solicit a proposal from Stone & Youngberg relating to the sale of bonds to issue to represent unpaid assessments against the privately owned property within the boundaries of the Assessment District, said bonds to be issued pursuant to the provisions of the "Improvement Bond Act of 191511 , being Division 10 of the Streets and Highways Code of the State of California. The interest rate on said bonds shall not exceed the current legal maximum rate of twelve percent ( 12% ) per annum. Said bonds shall be issued pursuant to the terms and conditions as set forth in the Resolution of Intention as previously adopted for these proceedings. SECTION 3 . That there will be furnished the legal opinion of Brown & Diven, Attorneys at Law, approving the legality of the proceedings and the issuance of sad bonds . SECTION 4 . 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 delinquent 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 PAGE END 2 - 5938 determine all tax delinquencies on all properties within the boundaries of the above referenced Assessment District . PASSED AND ADOPTED at a regular meeting of the City Council of the City of Huntington Beach on the 24th day of October , 1988 . f M or ATTEST: APPROVED AS TO FORM: City Clerk C ty A torney 6 -/7---�ftcw REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works be - 3 - 5938 Res, No, 5938 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 24th day of October 19 88 by the following vote: AYES: Councilmembers: Kelly, Green, Finley, Erskine, Mays, Winchell NOES: Councilmembers: Bannister ABSENT: Councilmembers: None City Clerk and ex-officio Werk of the City Council of the City of Huntington Beach, California 5938