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HomeMy WebLinkAboutResolution No. 1363 RESOLUTION NO. 1363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CALLING FOR SEALED BIDS ON BONDS TO BE ISSUED TO REPRESENT UNPAID ASSESSMENTS UPON LANDS IN VEHICLE PARKING DISTRICT NO. 1 OF SAID CITY WHEREAS, by Ordinance No. 198 of the City of Downey, California, adopted March 27, 1962, this City Council fixed and established the boundaries of Vehicle Parking District No. 1 of said city, declared that said district had been duly formed under the provisions of the Vehicle Parking District Law of 1943, Part 1 of Division 18 of the Streets and Highways Code of the State of California, and found that the public interest and necessity re-quire, and ordered, certain acquisitions and improvements for said district; and WHEREAS, an assessment of the cost and expense of said acquisitions and improvements was duly made and filed, and a hearing was duly had thereon, and said assessment was thereafter duly confirmed by this City Council and was duly recorded in the office of the Superintendent of Streets of said city on March 12, 1964, and notice of said assessment was filed in the office of the County Recorder of Los Angeles County on March 12, 1964; and WHEREAS, following the elapse of thirty (30) days after the date of filing said notice in the office of the County Recorder, the said Super- intendent of Streets filed in the office of the City Treasurer of said city a list of all assessments contained within said assessment which are unpaid (there being no unpaid assessments upon public property) and the amounts thereof unpaid; and WHEREAS, it is necessary and desirable that this City Council sell the bonds to be issued to represent said unpaid assessments, as provided in the above mentioned Law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That this City Council does hereby call for sealed bids on the said bonds proposed to be issued, to be received up to the time specified in the notice hereinafter set forth. SECTION 2. That the City Clerk shall cause a notice inviting such bids to be given by two publications in the Downey Live Wire, a newspaper published in said city, the first pu blication to be at least 10 days before b Y the bids are to be opened. Said notice shall be in substantially the fol- lowing form: NOTICE INVITING BIDS ON VEHICLE PARKING DISTRICT ASSESSMENT BONDS NOTICE IS HEREBY GIVEN that the City Council of the City of Downey, will receive sealed bids for the California, purchase of the following i w P described bonds at its Chambers in the City Hall in said City up to the hour of 4:30 o'clock P.M., June 1, 1964. r"m The bonds to be sold are bonds to be issued to represent unpaid assess- ments levied upon the lands within Vehicle Parking District No. 1 of said city to pay the cost of the acquisition and improvement of certain parking lots and related facilities under the Vehicle Parking District Law of 1943, Part 1 of Division 18 of the Streets and Highways Code of the State of California. Said bonds are One Hundred Ninety Five (195) in number and of varying principal amounts totaling the sum of $391,754.87. Said bonds are l i dated June 16, 1964 � and bear interest from that date at the rate of not to exceed six per cent (6 %) per annum. The first interest is payable on January 2, 1965, and thereafter the interest is P a Y abl e semiannually on January 2 and July 2. The principal of said bonds is payable by coupon in twenty (20) even annual installments payable on January 2 of each year beginning January 2, 1965. Said bonds are similar to bonds issued under the Improvement Act of 1911, Division r-. P vision 7 of h Streets treets and Highways Code, and, except as otherwise provided in said ehicle Parking District Law of 1943, the provisions of Part 5 of said Improvement Act of 1911 apply to said bonds and govern as to the issuance, collection and enforcement thereof. In each of said bonds the right will be reserved to redeem such bond and at any time before maturity upon payment of the then unpaid principal with interest thereon to the due date of the next maturing interest coupon plus a payment of a premium of three per cent (3 %) of the unpaid principal. Each bond is a lien upon the property which the assessment represented by such bond was levied. For a description of the respective lots, pieces and parcels of land upon which the several bonds are liens, and for other information, reference is made to the assessment recorded in the office of the Street Superintendent of said city and to the List of Unpaid Assessments in said matter on file in the office of the City Treasurer of said City. Said bonds are to be sold for cash only to the best responsible bidder at not less than the par principal amount thereof. Each bid shall state that the bidder offers to buy said bonds at the par value thereof, and shall state the interest rate, not to exceed six per cent (6 %) per annum, payable as above provided, at which the bidder offers to buy said bonds. Bidders are directed to bid on a par flat basis without accrued interest. Any accrued interest bid will be entirely disregarded and need not be paid. Any premium n offered will not be taken into consideration in determinin g the best bid except for the purpose of breaking a tie between two bids stating the same interest rate. A bidder may offer a premium but such premium will be payable only if such premium is used to break a tie between that bid and some other bid or bids stating the same interest rate. Only one interest rate may be bid which rate may be stated in any multiple of 1 /100th of 1% or any multiple of 1 /8th of 1 %. No bid for a part of said bonds will be considered. A certified or cashier's check on a responsible bank or trust company, in the amount of three per cent (3 %) of the principal amount of the bonds bid for, payable to the order of the City of Downey, must accompany such proposal as a guaranty that the bidder, if successful, will accept and pay for said bonds in accordance with the terms of his bid The proceeds of the check accompanying any accepted proposal shall be applied on the purchase price or, if such proposal is accepted but not performed, unless such failure of per - formance shall be caused by any act or omission of the City of Downey, shall then be retained by the City. The check accompanying each unacce unaccepted Y Y- P pro - posal will be returned promptly. The opinion of O'Melveny & Myers, attorneys, approving the validity of said bonds will be furnished the successful bidder at or prior to the date of delivery of the bonds, at no expense to the bidder. Payment for and delivery of said bonds shall be made in the office of r„N‘ the City Treasurer of the City of Downey. It is expected that delivery of said bonds will be made on or about June 15, 1964. The bids will be opened at the meeting of the City Council of said City to be held June 1 1964, at 4:30 o'clock P.11, in the Council Chambers in the City Hall. Bids will be opened during said meeting at or after 4:30 o'clock P.M . The City Council reserves the , right to reject any or all bids, and to waive any irregularity or informality in any bid to the extent permitted by law. Given by order of the City Council of the City of Downey on the 28th day of April , 1964. City Clerk APPROVED AND ADOPTED this 28th day of April, 1964. A Mayor AT EST: City C erk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF DOWNEY ) I, DELLA DOYLE, City Clerk of the City of Downey, do hereby certify that the foregoing resolution was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the 28th day of April, 1964, and that it was adopted by the following vote, to wit: AYES: 4 Councilmen: Dickerson, Temple, Dunnum, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None i- r, . ABSTAIN: 1 Councilman: Corbin ■ f `, / i , City C1 /'rk •