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Resolution Number 79-6-20-7395 RESOLUTION NO. 79-6-20-7 ACCEPTING BID ON BONDS - ASSESSMENT DISTRICT NO. 78-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING PROPOSAL FOR THE SALE OF BONDS AND PROVIDING FOR THE ESTABLISH- MENT OF A REDEMPTION FUND FOR THE PAYMENT OF SAID BONDS WHEREAS, this City Council has heretofore instituted and conducted proceedings under the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improve- ments, together with appurtenances, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 78-2 [CAMINO CAPISTRANO) (hereinafter referred to as the "Assessment District"); and, WHEREAS, said City Council in its Resolution of Intention therein determined and declared that bonds should be issued under the pro- visions of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California, for each un- paid assessment or portion thereof in the amount.of One Hundred Fifty Dollars ($150) or more, to finance said improvements; and, WHEREAS, the City Council has now received, in the manner and form as prescribed by law, a proposal for the purchase of said bonds in said Assessment District; and, WHEREAS, the proposal received is, in the opinion of the City Council, considered to be the bid which will best serve the in- terests of owners of land within the Assessment District and should be accepted by this Council. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the proposal of GIBRALCO, INC., dated the 4th day of JUNE 1979 f is hereby accepted and approved for the purchase of the improvement bonds for the works of improve- ment, together with appurtenances, in the Assess- ment District. 397 SECTION 3. That the City Treasurer, or appointed paying agent, in accordance with the provisions of Part 5 of Division 7 of the Streets and Highways Code, is hereby authorized and directed to receive all payments made upon said bonds and assessments by property owners in a fund designated by the name of the proceedings, into which he shall place all sums paid for the principal of the bonds and the interest thereon, together with all penalties thereon, and from which he shall disburse such funds upon presentation of proper coupons. Under no circumstances shall the said bonds or interest thereon be paid out of any other fund except as provided by law. SECTION 4. That said fund shall be designated as "IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 78-2" SECTION 5. That bonds be issued representing unpaid assessments against private property in accordance with the pro- visions of Division 12 of the Streets and Highways Code, and Division 7 of said Code, for the purpose of paying the costs of the improvements, together with appurtenances and incidental expenses. SECTION 6. That said bonds shall be issued for all unpaid assess- ments or portions thereof which amount to One Hundred Fifty Dollars ($150.00) or more, and shall be in the respective amounts as set forth in the assessment as confirmed for said Assessment District. Said bonds shall be dated the 2nd day of August 1979 or the 31st day after recordation of the assessment in the Office of the Street Superintendent, whichever date is later. Said bonds and the coupons thereof shall be issued substantially in the form authorized for the issuance of the bonds under Division 7 of the Streets and Highways Code of the State of California. These bonds shall be serial bonds and shall extend over a period ending NINE ( 9 ) years from the 2nd day of January next succeeding the next September 1st following their date, until the whole is paid, and the interest shall be payable semi-annually, by coupon, on the 2nd days of January and July, respectively, of each year following the date of the bonds. SECTION 7. That the interest rate on said bonds shall be the same as set forth in the accepted bid proposal as submitted by the successful bidder previously mentioned herein. APPROVED and ADOPTED this 20th day of June , 1979 AT EST: CITY CLE C CITY OF AN JUAN CAPISTRANO STATE OF CALIFORNIA -2- /IA(—R-e CITY OF SAN JUAN CAPISTRANO STATE OF CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DO HEREBY CERTIFY that the fore- going Resolution, being Resolution No_ 79-6-20-7 was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City Council held on the 20th day of June 1979 , and that the same was passed and adopted by the following vote, to -wit: AYES: COUNCIL MEMBERS: Schwartze, Thorpe, Buchheim Mayor Friess NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hausdorfer Executed this 20th day of June, 1979 , at SAN JUAN CAPISTRANO ,California_ (SEAL) ����( , CITY CLE CITY OF SAN JUAN CAPISTRANO STATE OF CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 79-2-21-7 and on the 22nd day of June 1979 , she caused to be posted: RESOLUTION NO. 79-6-20-7 being: ACCEPTING BID ON BONDS - ASSESSMENT DISTRICT NO. 78-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING PROPOSAL FOR THE SALE OF BONDS AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND FOR THE PAYMENT OF SAID BONDS in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The San Juan Hot Springs Dance Hall; The Orange County Public Library. 1�IPRY ANS OVER, City le San Juan istrano, California Cap CHECK LIST ORD. NO_.._.... RES. NO......---.. .. 6::�,_. Mayor has signed .......... --- Clerk has signed ......✓ City Seal stamped ...... All blanks typed in "Absent" ........------...._...-----..._...___..._. "Noes" .......... ............---..............---------- .............. Typed in Official Record Book ...... . Posted to Classi ' d off ----...-... Copies sent to -.....-(..-5..- 7�.. -/-j*�) ..__....._- Legal Publication ordered to be published (date)....... _... ---------- .----------------------- ..._-------- No. Affidavits ....... -------- ----------- ---------- ........... No. Printed copies required __-7_._.._.----.. Remarks L