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HomeMy WebLinkAboutOrdinances_1506_CCv0001.pdf ORDINANCE NO. AN ORDINANCE OF THE CITY OF REDLANDS , CALIFORNIA, PROVIDING FOR THE ISSUANCE OF 1962 SEWER BONDS, SERIES B, OF SAID CITY IN THE AMOUNT OF $250,000 WHEREAS, pursuant to Ordinance No. 1173 of the City of Redlands, California, a special election was duly and regularly held in said City on the 10th day of October, 1961, at which election there was submitted to the qualified voters of said City the following bond proposition, to wit: BOND PROPOSITION: Shall the City of Redlands incur a bonded indebtedness in the principal amount of $1,000,000 for the acquisition and construction by said city of a certain municipal improvement, to wit: additions to the sanitary sewage system of said city, including trunk sewers and appurtenances and appurtenant works, and sewage treat- ment plant facilities, and including the acquisition of all land, easements, pipe, pumps, machinery and other property necessary therefor? and WHEREAS, said proposition received the affirma- tive vote and assent of more than two-thirds of all of the qualified voters of said City voting on said proposition, and said City is now authorized to issue bonds in the amount and for the purpose set forth in said proposition; and WHEREAS, $750,00.0 of said bonds have been issued and sold, leaving $250 ,000 authorized bonds unissued; and WHEREAS, it is deemed in the best interest of the City of Redlands to issue and sell said $250, 000 bonds for the purposes set forth in said resolution.7 NOW, THEREFORE, the City Council of the City of Redlands, California, DOES ORDAIN as follows: Section 1. That bonds of the City of Redlands, California, in the principal sum of $250,000 be issued and sold for the purpose set forth in the bond proposition in the recitals hereof. Said bonds shall be designated "CITY OF REIN 8, 1962 SEWER BONDS, SERIES B" , shall be 50 in number, numbered 1 to 50, both inclusive, and shall be of the denomination of $5, 000 each. Said bonds shall be dated February 1, 1973, and shall be payable in consecutive numerical order on February 1 for each of the several years that follows: Years Prin2jpal- Amount 1974 $ 25,000 1975 25,000 1976, 25,000 1977 25,000 1978 25,000 1979 25,000 1980 25,000 1981 25,000 1982 25,000 1983 25,000 Said bonds shall bear interest at a rate or rates to be hereafter fixed by resolution but not to P-zoppa --i-z per cent (6%) per annum, payable semiannually. Said bonds and the interest thereon shall be payable in lawful money of the United States of America at the office of the City Treasurer of the City of Redlands , California, in said city, or at the op!tion of the holders of the bonds , at any paying agent of said City in the Cities of Los Angeleso California, Chicago, Illinois , or New York, New York. Section 2. That the Mayor and the City Treasurer of said city are hereby authorized and directed to sign all of said bonds by their printed, lithographed or engraved facsimile signatures, and the City Clerk of said City is hereby authorized and directed to countersign said bonds and to cause the corporate seal of said City to be impressed, imprinted or reproduced thereon, and the City Treasurer of said City is hereby authorized and directed to sign the interest coupons of said bonds by the printed, lithographed or engraved facsimile signature, and to number said interest coupons of each of said bonds consecutively. Section 3. That the proceeds of the sale of said bonds (except premium, if any, and accrued interest) shall forthwith be turned over to and placed in the municipal treasury of said City to the credit of a fund hereby created and designed "CITY OF REDLANDS, 1962 SEWER BONDS, SERIES B, CONSTRUCTION FUND" , and the moneys in said fund shall be applied exclusively to the acquisition and construction of the municipal improvement described in the bond proposition in the recitals hereof, except as provided in Section 43628 of the Government Code. Section 4. That any premium or accrued interest received fromthe sale of said bonds shall forthwith be turned over to and placed in said treasury in the interest and redemption fund hereinafter created. That for the pur- pose of paying the principal and interest of said bonds, the City Council of said City shall at the time of fixing the general tax levy, and annually thereafter until said bonds are paid or until there is a sum in the treasury of said City set apart for the purpose sufficient to meet all payments of principal and interest on said bonds as they become due, levy and collect a tax sufficient to pay the interest on said bonds as it falls due and such part of the principal thereof as will become due before the proceeds of a tax levied at the next general tax levy will be available. Said tax shall be in addition to all other taxes levied for municipal purposes and shall be levied and collected as other city taxes, and shall forthwith be turned over and paid into a fund of the City to be known as "CITY OF RED D, 1962 SEWER BONDS, SERIES B, INTEREST AND SINKING FUND. " Said fund shall be used for no other purpose than the payment of said bonds and in- terest thereon until said bonds and interest are fully paid. Section 5. That two forms of bonds shall be pro- vided: (1) those which are in negotiable form, payable to bearer with negotiable coupons (herein sometimes referred to as "bearer bonds") , and (2) those which are issued to facili- tate registration and so are issued as non-negotiable fully registered bonds payable as to both principal and interest to the registered owner (herein sometimes referred to as "fully registered bonds") . Title to any bearer Bond, and to any interest coupon, shall pass by delivery in the same manner as a negotiable instrument payable to bearer. The bearer Bonds are not registrable by endorsement and they may be exchanged for fully registered Bonds as provided herein. Any fully registered Bond may be transferred only► upon the books for the registration and transfer of Bonds upon the surrender thereof at the office of the Bond Registrar, together with an assignment duly executed by the registered owner or his attorney, substantially in the form set forth herein. At the request of the transferee, upon the transfer of any such fully registered Bond, there shall be issued in the name of the transferee a new fully registered and or Bonds of any of the authorized denominations, or, at the option of the transferee, bearer Bonds with coupons attached representing all unpaid interest due or to become due there- on, of the same aggregate principal amount, interest rate and maturity, as the surrendered Bond. Bearer Bonds, upon the surrender thereof to the Bond Registrar with all unmatured coupons and all matured coupons in default, if any, pertaining thereto, may at the option of the Holder or registered owner thereof, be exchanged for an equal aggregate principal amount of fully registered Bonds of like interest rate and maturity of the authorized denominations . Fully registered Bondsp upon the surrender thereof to the Bond Registrar, together with an assignment duly executed by the registered owner or his attorney, sub- stantially in the form set forth herein, may, at the option of the registered owner thereof be exchanged for an equal aggregate principal amount of bearer Bonds with coupons attached representing all unpaid interest due or to become due thereon, or for registered Bonds of any other authorized denominations, of like interest rate and maturity. The City Treasurer shall serve as Bond Registrar or the City Council may appoint an agent to serve as Bond Registrar. One exchange or transfer of a fully registered Bond for a bearer Bond or bearer Bonds will be made without a charge to the Bondholder. The City and the Bond Registrar may make a charge for every other exchange or transfer of Bonds sufficient to reimburse them for any tax, fee or other governmental charge, required to be paid with respect to such exchange or transfer and the cost of preparing each new Bond delivered upon such exchange or transfer and any and all other expenses of the City and the Bond Registrar incurred in connection therewith, and all such charges shall be paid before any such exchange or transfer shall take place. Neither the City nor the Bond Registrar shall he required to make any such exchange or transfer of a Bond during the fifteen (15) days next preceding an interest pay- ment date on such Bond or after such Bond has been called for redemption or, in the case of any proposed redemption of Bonds, during the fifteen (15) days next preceding the date of the publication of notice of redemption. Said bonds and the coupons for the interest there- on shall be issued in substantially the following form: Oil [FORM OF BEARER BOND) UNITED STATED OF AMERICA STATE OF CALIFORNIA CITY OF REDLANDS 1962 SEWER BONDS , SERIES B No. $ 51000 The CITY OF REDLANISS, a municipal corporation situated in the County of San Bernardino, State of California, FOR VALUE RECEIVED, hereby acknowledges its indebtedness and promises to pay to the bearer hereof the sum of FIVE THOUSAND DOLALRS ($5,000) on the lst day of February? 19 P with interest thereon at the rate of I per ci-n—t ( %) per annum, interest payable semiaiEually on the 1st days of August and February of each and every year from the date hereof until this bond is paid, on presentation and surrender of the respective interest coupons hereto attached. Both principal and interest are payable in lawful money of the United States of America at the office of the City Treasurer of the City of Redlandst California, in said City, or at the option of the holder hereof, at any paying agent of said City in the Cities of Los Angeles, California, Chicago, Illinoist or New York, New York. This bond is issued by the City of Redlands under and in pursuance of and in conformity with the provisions of Article 1. Chapter 4, Division 4, Title 4 of the Government Code of the State of California, and acts supplementary there- to, and in pursuance of the laws and Constitution of the State of California, and is authorized by a vote of more than two- thirds of all the qualified voters of said City of Redlands voting at an election duly and legally called, held and conducted in said city on the loth day of October, 1961. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all actst conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this bond have existed, happened and been performed in due time, form and manner as required by law and that the amount of this bondt together with all other indebtedness of said city, does not exceed any debt limit prescribed by the laws or Constitution of the State of Caifornia. IN WITNESS WHEREOF, said city of Redlands has caused this bond to be signed by the Mayor and the City Treasurer of said city by their facsimile signatures, countersigned by the City Clerk of said city and sealed with the corporate seal of said city, and the interest coupons hereto attached to be signed by the City Treasurer by his facsimile signature, and has caused this bond to be dated the first day of February, 1973. a x or of the City of/,/- Redlands, Califdrni, City T each er of the of Redlands, California COUNTERSIGNED: "I Z, City the i y.. d Eec�l /M., Cali fir .ia (SEAL) (COUPON FORM) On the day of the CITY OF REDLANDS, l California, will pay to the bearer, at the office of the City Treasurer of said city, Coupon No. in said city, or at the option of the holder hereof, t any paying agent of said City in the Cities of Los Angeles, California, Chicago, Illinois, or New York, New York, the sum of in lawful money of the United States of America, being the interest then due can its 1962 SEWER BONDS, SERIES B. Pica;. Dated February 1 , 19 73 *, . City Treasurer of t City 0- Redlands , California (FORM OF REGISTERED BOND) UNITED STATES OF AMERICA STATE OF CALIFORNIA CITY OF REDLANDS 1962 SEWER BONDS, SERIES B No. R- $ The CITY OF REDLANDS, a municipal corporation situated in the County of San Bernardino, State of California, FOR VALUE RECEIVED,, hereby acknowledges its indebtedness and promises to pay to or his gister-e-4 assigns , thetHe sum R DOLLARS ($ ) on the lst day of FiSrUgry, _19 interest tHe—reon from February 1, 1973, or from themast recent interest payment date to which interest has been paid or duly provided for, at the rate of per cent ( %) per annum, interest payable semiannually on the 1st days ol— August and February of each and every year from the date hereof until this bond is paid. Both principal and interest are payable in lawfuly money of the United States of America at the office of the City Treasurer of <the City of Redlands, California, in said city, or at the option of the holder here- of, at any paying agent of said City in the Cities of Los Angeles, California, Chicago, Illinois, or New York, New York, and are payable only to, or upon the order of, the person appearing as the registered owner hereof at the closing of business on the 10th day preceding the payment date on registration books kept by the Bond Registrar. This bond is issued by the City of Redlands under and in pursuance of and in conformity with the provisions of Article 1, Chapter 4, Division 4, Title 4 of the Government Code of the State of California, and acts supplementary there- to, and in pursuance of the laws and Constitution of the State of California, and is authorized by a vote of more than two- thirds of all the qualified voters of said City of Redlands voting at an election duly and legally called, held and conducted in said City on the 10th day of October, 1961 . This bond is transferable by the registered holder hereof in person or by his attorney duly authorized in writing at the main office of the Bond Registrar but only in the manner, subject to the limitations and upon payment of the charges provided in the Ordinance of Issuance, and upon surrender and cancellation of this bond. Upon any such transfer the City shall issue in the name of the transferee and deliver4 in exchange for this bond, a new registered bond or new registered bonds without coupons, of authorized denominations, or, at the option of the transferee, bearer bonds with coupons attached representing all unpaid interest due or to become due thereon, in aggregate Principal amount equal to the principal amount of this bond, or the unre- deemed nre-dee d portion theareof, of the same maturity and bearing interest at the same rate. The bonds of the issue of which this bond is one are issuable as bearer bands payable to bearer in the denomi- nation norm-nation of five Thousand Dollars ($5,000) each, and as registered bands without coupons in the denomination of Five Thousand Dollars ($5,000) each or in any multiple thereof. The bearer bands and the registered bunds without coupons are interchangeable for bonds of the same interest rate and maturity upon the surrender thereof for such purpose by the holder or registered owner at the main office of the Band Registrar, all in the manner and upon the payment of the charges and cotherwies as provided in the ordinance of Issuance. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precnent to and in the issuance of this bond have existed,, happened and been performed in due time, form and manner as required by law, and that the amount of this bond, together with, all other indebtedness of said city, does not exceed any debt limit precribed by the laws or constitution of the state of California. IN WITNESS WHEREOF, said City of Redlands has caused this bond to be signed by the Mayor and the City Treasurer of said City by their facsimile signatures, countersigned by the City Clerk of said City and sealed with the corporate seal of said city, and has caused this bond to be dated the 1st clay ofFebruary_, 19 73 : s yor of-the City o Redlands,, California E Rr. City Treasurer of the:. y o Redlands, Cali fo i a COUNTERSIGNED; city- €° eof -the fa ty o ��� Redl dsffy'c alifora (SEAL) (FORM OF SIGN NT FOR REGISTERED BONDS) OR VALUE RECEIVED, the undersigned hereby sells assigns and transfers unto the within bond and hereby irrevocably constitutes and appoints attorney to transfer said bond on the registry books kept for that purpose with full power of substitution in the premises . DATED: WITNESS: Section 6. That as to any fully registered Bond, the person in whose name the same shall be registered shall be deemed to be and shall be regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal or redemption price of any such Bond and the interest on such a fully registered Bond shall be made only to or upon the order of the registered owner thereof or his legal representative, but such registration may be changed as hereinabove provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. The City and the Bond Registrar may deem and treat the bearer of any bearer Bond and the bearer of any coupon pertaining to any bearer Bond, as the absolute owner of such bond or coupon as the case may be, whether such Bond or coupon shall have matured or not, for the purpose of receiving payment thereof, and for all other purposes whatever and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Section 7. That the City Clerk shall certify to the passage and adoption of this ordinance by a vote of at least two-thirds of all the members of the City Council of said city, and shall cause this ordinance to be published once in the REDLANDS DAILY FACTS, a newspaper of general circulation in said City. Section 8. This ordinance shall take effect thirty (30) days after its adoption. ADOPTED# SIGNED AND APPROVED this 16th day of January , 1973. ror of twit o eylands, Cal ifornia ATTEST: s ter of Recd , +Califarn` a (SEAL) STATE OF MIPORNIA COUNTY OF SAN BERNARDINO ss. CITY OF REDLANDS I, e A. Moseley , pity Clerk of e City of Redlands, California,, DO HE EBY CERTIFY that the fore- going ordinance was introduced and read at a regular meeting of the City Council duly held on the2nd ay o January , 1973, and thereafter at a regular meet ng o said City Council duly held on t e 16th day of January , 1973, was reread, duly F Se and adopte y said Cify—Coucil and signed and approved by the gayer of said city, and that said ordinance was passed and adopted by a Mate of more than two-thirds of the members of said, City Council, to wit: AYES: Councilmen DeNrjy , Knudsen, Millen, Sewall, Magor Cummings NOES: Councilmen None SENT Councilmen None City f e Cltof Redlan alifornia (SEAL) STATE OF CALIFORNIA } COUNTY OF SAN BERNARDINO ss . CITY OF REDLANDS 1, Pe A, Moseley , City Clerk of the City of R d s, California, HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of ordinance No. 1506 of said city and that said ordinance was adopted at the t e and by the vote stated on the certificate attached thereto, and has not been amended or repealed. Dated: January 1 , 19 ` 7 4.1 rity .. Redl ' d Califo i (SEAL)