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Reso 0502-12/1978 RESOLUTION NO. 502 RESOLUTION OF THE BOARD OF DIRECTORS OF SAN MARCOS COUNTY WATER DISTRICT, CALIFORNIA, PROVIDING FOR THE ISSUANCE AND SALE OF BONDS OF SAID DISTRICT FOR ASSESSMENT DISTRICT NO. 76-3 THEREOF IN THE TOTAL AMOUNT OF $1,213,380.14 WHEREAS, by Resolution No. 488 of the San Marcos County Water District, this Board of Directors confirmed an assessment on lands lying within Assessment District No. 76-3 of the San Marcos County Water District, and by said resolution ordered the assessment and diagram recorded and filed as required by the Municipal Improvement Act of 1913; and WHEREAS, said assessment and diagramwere recorded and filed as so required on October 20, 1978; and WHEREAS, the total assessment so confirmed was $1,213,380.14 and WHEREAS, by Resolution No. 477 of said District this Board of Directors resolved that serial bonds, bearing interest at a rate not to exceed eight percent (8%) per annum shall be issued under and as provided in the Improvement Bonds Act of 1915, i.e., Division 10 of the California Streets and Highways Code, to represent assessments not paid within thirty (30) days after recordation of said assessments; and WHEREAS, this Board of Directors has heretofore adopted its Resolution No, 499 finding and determining that assessments in the amount of $1,213,380.14 remain unpaid; and WHEREAS, this Board of Directors deems it proper and the necessity thereforeappears that bonds to represent said unpaid assessments be issued and sold in the form and manner as hereinafter provided; NOW,THEREFORE, the Board of Directors of the San Marcos County Water District DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. Bonds of said District in a total ~ount of $1,213,380.14 shall be issued and sold to represent assessments not paid within thirty (30) days after recordation of the assessment and diagram. Said bonds shall be designated "IMPROVEMENT BOND, SAN MARCOS COUNTY WATER DISTRICT, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ASSESSMENT DISTRICT NO. 76-3." Said bonds shall be in the principal amount of $1,213,380.14 numbered consecutively from 1 through 243 inclusive, dated January 2, 1979, in the denomination of $5,000 (except Bond No. 1, which shall be in the principal amount of $3,380.14), shall bear interest from their date at a rate or rates to be hereafter fixed (but not to exceed eight percent (8%) per annum), and shall mature in consecutive numerical order over a period commencing July 2, 1980 and ending July 2, 1999 according to the following schedule: Principal Principal Year Maturing Year Maturing 1980 $ 3.380.14 1990 $ 60,000 1981 30 000 1991 65.000 1982 30 000 1992 70.000 1983 35 000 1993 75 000 1984 35 000 1994 80.000 1985 40.000 1995 85 000 1986 40 000 1996 90.000 1987 45 000 1997 lO0 000 1988 50.000 1998 110,000 1989 55 000 1999 115,000 Interest on the bonds for the first twelve months will be payable on January 2, 1980; and thereafter interest will be payable semiannually on July 2 and January 2 of each year. SECTION 2. Both the principal of and the interest on the bonds are payable at the offices of the San Marcos County Water District in San Marcos, California, or at the principal offices of the paying agent, Security Pacific National Bank, in Los Angeles and San Francisco, California. SECTION 3. The Auditor of the District and the Secretary are hereby authorized and directed to sign all of said bonds. Said Secretary is further authorized and directed to affix the seal of the District to said bonds, and to number said interest coupons affixed to each of said bonds consecutively. The signature of said Auditor on the bonds and coupons may be an engraved, printed or lithographed signature, and the seal may also be placed in like manner on the bonds. SECTION 4. Said bonds shall be issued in substantially the form set forth in Section 8652 of the Streets and Highways Code' and the coupons for said interest thereon shall be in substantially the following form: -2- (INTEREST COUPON FORM) On the Second day of the SAN MARCOS , 19 COUNTY WATER DISTRICT, California, will pay to the bearer, COUPON NO. at the offices of the Dsitrict in San Marcos, California or at the principal office of the paying agent, Security Pacific National Bank, in the cities of Los Angeles and San Francisco, California, the sum of $ in lawful money of the United States of American, being the interest then due on its Improvement Bond No. Dated: January 2, 1979 Auditor of the San Marcos County Water District (REVERSE SIDE OF COUPON) If the bond to which this'coupon is attached is attached is redeemable and is duly called for redemption prior to the maturity date of this coupon, this coupon will be void. SECTION 5. Substantially the following provisions for registration shall be printed on the reverse side of each bond: PROVISIONS FOR REGISTRATION This bond may be registered in the name of any persons as the registered owner hereof, both as to principal and interest, but, if registered, may not be discharged from registration. Each registration or tranfer after registration of this bond shall be entered by the Auditor in books kept by him for the purpose and noted by him in the registration blank below. Upon registration all unmatured coupons pertaining hereto shall be surrendered to the Auditor. So long as this bond is registered, no transfer hereof shall be valid for any purpose unless made by the registered owner and entered and noted as herein provided, and the principal hereof and any redemption premium shall be payable only to the registered owner, or to his order. Interest on this bond, if registered, shall be payable to the person - whose name appears upon the registry books as the registered owner hereof at the close of business on the tenth day preceding the interest payment date, or to his order. Each request for registration or transfer must be in form satisfactory to the Auditor and must be made in writing, signed by the registered owner, or by his agent duly authorized in writing, or by the bearer, as the case may be. Date of In Whose Name Signature of Registration Registered Auditor -3- SECTION 6. The proceeds of the sale of said bonds shall forthwith be placed in a fund of said District hereby created and designated "Assessment District No. 76-3 Construction Fund", and the moneys in said fund shall be used only for the purposes authorized in the Municipal Inmprovement Act of 1913. SECTION 7. This Board of Directors 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 8. The Secretary shall cause a notice inviting such bids to be given by mailing copies thereof to such persons and investment bankers known by the Secretary to have an interest in purchasing such bonds. Said notice shall be in substantially the form attached hereto as Exhibit "A". ADOPTED, SIGNED AND APPROVED this 18th day of December, 1978. (SEAL) ATTEST: S~er~ca~~C°unty -4- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, JAMES F. McKAY, Secretary of the San Marcos County Water District, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Board of Directors of said District at a meeting of said Board of Directors held on the 18th day of December, 1978, and that it was so adopted by the following vote: AYES: DIRECTORS: Keebaugh, Ferguson, Mahr, Blanchard NOES: DIRECTORS: None ABSENT: DIRECTORS: None ABSTAIN: DIRECOTRS: Smith ounty (SEAL) -5- STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, JAMES F. McKAY, Secretary of the San Marcos County Water District, California, DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 502 of the Board of Directors of said District, and that the same has not been amended or repealed. DATED: December 20 , 1978  r~S.~n~s County (SEAL) -6-