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RESOLUTION NO. 2845
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, CALLING FOR SEALED BIDS ON
BONDS TO BE ISSUED TO REPRESENT UNPAID ASSESS-
MENTS PURSUANT TO ORDINANCE NO. 892 AND ORDINANCE
NO. 896 OF SAID CITY.
WHEREAS, by Ordinance No. 892 of the City of Arcadia, adopted
May 18, 1954, this City Council declared its intention to order that
the following improvement be made, to wit: The opening and extending
of Louise Avenue in said city from a point 194,37 feet more or less
southerly of the southerly boundary of Christina Street, being the
present point of termination of Louise Avenue to a point 1004 feet
more or less southerly therefrom and the opening and extending of Le
Roy Avenue from the easterly line of Santa Anita Avenue to a point
434.84 feet more or less easterly therefrom and found and determined
that the public interest and necessity required such improvement, and
found and determined that certain land was necessary and convenient to
be taken for such improvement and that the improvement was of more than
local or ordinary benefit; and
WHEREAS, by Ordinance No, 896 of said city, adopted June 15,
1954, the City Council of said city ordered said improvement to be done
and the acquisition of said land, all as set forth in said Ordinance
No. 892; and
WHEREAS, an assessment of the cost and expense of said acqui-
sition and improvement was duly made and filed and a hearing duly was
had thereon and said assessment thereafter duly was confirmed by this
City Council by Resolution No. 2818 of said city adopted on October 16,
1956, and said assessment thereafter duly was recorded in the office
of the Superintendent of Streets of said city on October 17, 1956,
and notice of said assessment duly was filed in the office of the
County Recorder on October 17, 1956; and
WHEREAS, at the time of the Qonfirmation of the assessment
pursuant to notice duly given, the City Council adopted Resolution
No. 2819 on October 16,1956, by said resolution said City Council
determined that serial bonds should be issued to represent unpaid
assessments; and
WHEREAS, following the elapse of thirty days after the date
of filing said notice of assessment in the office of the County Recorder
the said Superintendent of Streets filed in the office of the City
Treasurer of said city a list of all assessments contained in said
assessment which are unpaid and the amounts thereof unpaid, there being
no unpaid assessments upon public property; and
WHEREAS, it is necessary and desirable that this City Council
sell the bonds to be issued to represent said unpaid assessments, pur-
suant to the provisions of the Street Opening Bond Act of 1911, being
Division 6, Part 2 of the Streets and Highways Code of the State of
California.
NOW, THEREFORE, the City Council of the City of Arcadia
does resolve as follows:
SECTION 1, That this City Council hereby does call for sealed
bids on the said bonds proposed to be issued, said bids 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 Arcadia Tribune and
Arcadia News, a responsible publication in said city, the first pUbli-
cation to be at least ten days before the bids are to be opened. Said
notice shall be in substantially the following form:
NOTICE INVITING BIDS ON STREET
OPENING ASSESSMENT BONDS.
Notice hereby is given that the City Council of the City of
Arcadia, California will receive sealed bids for the purchase of the
folloWing described bonds at the Council Chambers in the City Hall of
said city up to the hour of 8:00 o'clock P,M., January 15 , 1957.
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The bonds to be sold are bonds to be issued to represent
unpaid assessments levied upon the lands within that certain assessment
district declared to be the district to be benefited as described in
Ordinance No, 892 of said city adopted May 18, 1954, to pay the cost
of the acquisition and improvement described in said ordinance, all
pursuant to the street Opening Act of 1903, said act being Part 1 of
Division 6 of the streets and Highways Code of the state of California,
Said bonds are thirteen in number and of varying principal amounts,
totaling the sum of $9,792.98. Said bonds are dated October 17, 1956,
and bear interest from that date, at a rate of not to exceed 6% per
annum. The first interest is payable on July 2, 1957, and thereafter
the interest is payable semi-annually on January 2 and July 2, The
principal of said bonds is payable by coupon in ten even annual install-
ments payable on July 2 of each year beginning July 2, 1957,
In each of said bonds the right will be reserved to redeem
such bond at any time before maturity upon payment of the then unpaid
principal with interest thereon, as shown on the two interest coupons
maturing first after the date of such payment,
Each bond is a lien upon the property upon which the assess-
ment represented by such bond was levied, For a description of the
representative lots, pieces and parcels of land upon which the several
bonds are liens and for other information reference 1s 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 respon-
sible 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 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
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accrued interest. Any accrued interest bid will be entirely disregarded
and need not be paid. Any premium offered will not be taken into con-
sideration in determining the best bid except for the purpose of break-
ing 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 l/lOOth of 1% or any
multiple of 1/8th 1%, All bids must be for the entire bonds to be
issued and no bid for part of said bonds will be considered.
A certified or cashier's check on a responsible bank or trust
company in the amount of 3% of the principal amount of the bonds upon
which the bid is made, payable to the order of the City of Arcadia,
must accompany each bid 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 such check accompanying any
accepted proposal will be applied on the purchase price, If, however,
such proposal is accepted but not performed, unless 6uch failure of
performance shall be caused by any act or omission of the City of
Arcadia, then the proceeds of such check shall be retained by said city.
Any check accompanying an unaccepted proposal will be returned.
A judgment was entered on February 17, 1956, in Book 3046,
Page 82 in the case of City of Arcadia vs Isakson, et al., said case
being No. pasa C-5057 in the Superior Court of the state of California
in and for the County of Los Angeles, by which judgment it was determined
that the City of Arcadia had jurisdiction to proceed and condemn land
pursuant to the proceedings initiated by Ordinance No, 892 of said city
and Ordinance No. 896 of said city, being respectively the ordinance
declaring the intention of the City Council of said city to order the
improvement of opening and extending Louise Avenue under and pursuant
to the Street Opening Act of 1903, and the ordinance of said city ordering
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the improvement of opening and extending Louise Avenue, pursuant to
said Ordinance of Intention No, 892.
The opinion of Burke, Williams & Sorensen, attorneys, approv-
ing the validity of said bonds will be furnished the successful bidder
at or prior to the date of delivery of said bonds at no expense to the
bidder, Payment for and delivery of said bonds shall be made in the
office of the City Treasurer of the City of Arcadia.
It is expected that delivery of said bonds will be made on
or about February 15, 1957,
The bids will be opened at the meeting of the City Council
of said city to be held January 15 ,1957, at 8:00 o'clock P.M, in
the Council Chambers in the City Hall. Bids will be opened during said
meeting at or after 8:00 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 Arcadia,
adopted 18th
day of December, 1956.
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City Clerk 01' the City of Arcadia, California
SECTION 3. That the City Clerk shall certify to the adoption
of this resolution and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AND ADOPTED this 18th day of December, 1956.
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y Clerk
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I hereby certify that the foregoing resolution duly was
adopted by the City Council of the City of Arcadia at a regular meeting
thereof held on the 18th day of December, 1956, by the following
vote of the Council:
AYES: Councilmen Dennis, Jacobi, Phillips, Reibold and
camphouse
NOES: Councilmen None
ABSENT: Councilmen None
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