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HomeMy WebLinkAbout17419 - RESOLUTIONS - 2/6/1991 RESOLUTION NO. 17419 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, ., CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS AND APPROVING BOND INDENTURE FOR A SPECIAL ASSESS- MENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF PALM SPRINGS, CALIFORNIA, is conducting proceedings for the construction of certain public improvements in a special assessment district pursuant to 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, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 159 (hereinafter referred to as the "Assessment District") ; and, WHEREAS, this legislative body has previously declared in its Resolution of Intention to issue bonds to finance said improvements, said bonds to issue pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of said Code; and, WHEREAS, at this time this legislative body is desirous to set forth all formal terms and conditions relating to the authorization, issuance and administration of said bonds; and, WHEREAS, there has been presented, considered and ready for approval a bond indenture setting forth formal terms and conditions relating to the issuance and sale of bonds; and, WHEREAS, this legislative body hereby further determines that the unpaid assessments shall be specifically in the amount as shown and set forth in the Certificate of Paid and Unpaid Assessments as certified by and on file with the Treasurer, and for particulars as to the amount of said unpaid assessments, said Certificate and listshall control and govern.NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are true and correct. BOND AUTHORIZATION SECTION 2. That this legislative body does authorize the issuance of bonds pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, and also pursuant to the specific terms and conditions as set forth in the BOND INDENTURE presented herein. BOND INDENTURE SECTION 3. The BOND INDENTURE is approved substantially in the form presented herein, and is subject to modifications as necessary and as approved by the Treasurer, with the concurrence of Bond Counsel. Final approval of the BOND INDENTURE shall be conclusively evidenced by the signature of the Treasurer upon final delivery of bonds and :receipt of proceeds. A copy of said BOND INDENTURE shall be kept on file with the transcript of these proceedings and open for public inspection. FINAL ASSESSMENTS SECTION 4. That the Certificate of Paid and Unpaid Assessments, as certified by the Treasurer, shall remain on file in that office and be open for public inspection for all particulars as it relates to the amount of unpaid assessments to secure bonds for this Assessment District. R17419 Page 2 �f SUPERIOR COURT FORECLOSURE SECTION 5. This legislative body does further specifically covenant for the benefit of the bondholders to commence and prosecute to completion foreclosure actions regarding delinquent installments of the assessments in the manner, within the time limits and pursuant to the terms and conditions as set forth in the Bond Indenture as submitted and approved through the adoption of this Resolution. ADOPTED this 6th day of February 1991 AYES: Councilmembers Broich, Hodges, flurawski , Neel and Mayor Bono �- NOES: None ABSENT: PlOne ATTEST:By: \ --)—� CITY IC`ER& �/-;",-CITY MANAGER e REVIEWED & APPROVED: w r