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HomeMy WebLinkAboutCC Res 400 1939-08-17 ~ ' RESOLUTION NO. 11-00 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING FOR THE ISSUANCE OF $41,500.00 PRINCIPAL AMOUNT OF "CITY OF SEAL BEACH MUNICIPAL PIER BONDS OF 193d, SERIES SECOND," BEING PART OF A TOTAL VOTED ISSUE OF $101,500.00; PRESCRIBING THE DATE AND FORM OF SAID BONDS AND OF THE COUPONS TO BE ATTACHED THERETO: FIXING.THE RATE OF 11l'!'!!i!'(]!;ST ON SA ID BONDS, AND PRESCRIBING THE MATURITIES THEREOF: AUTHORIZING THE EXECUTION OF SAID BONDS AND COUPONS, AND PROVIDING FOR THE LEVY OF A TAX TO PAY THE PRINCIPAL AND INTEREST THEREOF. I WHEREAS, all the requirements of law have been complied with in calling and holding a munioipal eleotion whioh was held in the City of Seal Beach, on the 12th day of April, 1938, at which eleotion there was submitted to the voters of said City a proposition to issue bonds of said City in the following amount and for the following purposes, to wit: PROPOSITION: Shall the City of Seal Beach 1nour a bonded indebtedness in the principal amount of $101,500.00 for the acquisition, construotion and oompletion by said City of Seal Beach of a certain municipal improve- ment; to wit: The aoquis1tion, construction and completion of a wharf, or municipal pier, inoluding ornamental lights, water"rest- rooms, boat landing facilities, the acquisi- tion of land, reclamation of submerged lands, right ,of way, maChinery, equipment, apparatus or other appurtenanoes and other property necessary therefor? I and the City Council of said City did meet and canvass the returns of said eleotion on Monday, the 18th day of April, 1938 (said day being the first Monday after said election), and did as the result of suoh oanvass determine and deolare, and do hereby certify, that sa1d'proposition received the affirmative vote of more than two-thirds of all of the vot- ers voting on said proposition at said eleotion, and the 1. . . Resolution Number .. . 'I issuance of all of said bonds of the aggregate principal amount ot $101,500.00 by said City was duly authorized and approved; and WHEREAS, $60,000.00 of bonds ot said total authorized issue have heretofore been sold and delivered, dated September 1st, 1938, which said bonds constitute the tirst series of bonds of said issue; and WHEREAS, it is the intention and purpose 9f the City Council ot the City ot Seal Beach to issue the re- maining $41,500.00 of bonds as the seoond series of bonds of said issue. NOW, THEREFORE, the City Council of the C1tl of Seal Beach do resolve as tollows: I 1 seotion 1. That the bonds ot the City of Seal Beaoh in the aggregate principal sum of $41,500.00, to be known as the "City of Seal Beaoh Municipal Pier Bonds of 1938, Series Seoond," shall issue to pay the cost ot the acquisition, construction ~nd completion by the City ot seal Beach of a oertain municipal improvement; to wit: , the acquisition, construction and completion of a wharf, or municipal pier, including ornamental lights, water, restrooms, boat landing facilities, the acquisition of land, reclamation of submerged lands, right of way, machin- ery,equ1pment, apparatus or other appurtenanoes and property necessary therefor. Section 2. Said series Seoond bonds shall be negotiable in form and shall be forty-two in number, numbered consecutively from 1 to 42, both inclusive, and 2. Resolution Number " .: '.' I shall be of the denomination of $1000.00 each with the ex- oeption of bond No. 39 which shall be of the denomination of $500.00. All of said bonds shall bear interest from their date until paid at the rate of four per cent (4~) . per annum, payable semiannually on June 15 and December 15 in each year, which interest shall be ev1denoed by coupons , attached to each bond, and eaoh of said coupons shall repre- sent six months' interest on the bond to whioh it is attaohed. 1 The principal and interest of said bonds shell be payable at the office of the City Treasurer of Seal Beach, California, in lawful money of the United states of America. Said bonds shall be dated June :).5, 1939, and sheil mature and be pay- able in conseoutive numerical order, $2000.00 each year from June 15, 1940 to June 15, 1957, inclusive, $2500.00 on June 15, 1958, and $3000.00 on June 15, 1959. Seotion 3. Said bonds shall each be issued in substantially in the following form, the blanks in said form and in the form of ooupon given below to be filled in with appropriate words or figures, namely: UNITED STATES OF AMERICA STA TE OF CALIFORNIA County of Orange CITY OF SEAL BEACH MUNICIPAL PIER BONDS OF 1938, SERIES SECOND. $ No. $ I' THE CITY OF SEAL BEACH, a municipal corporation of the State of California, hereby acknowledges itself indebted, and for value received promises to pay to the bearer (or, if this bond be registered, to the registered owner hereof), on the i5th day of June, 19_, the sum of DOLLARS 3. Resolution Number . ' 'I, and to pay interest hereon at the rate of four per cent (4%) per annum, payable on June 15th and December 15th in each year, upon surrender of the annexed coupons as they severally become due (or, if this bond be registered, to the registered owner hereof). Both principal and interest of this bond are payable in lawful money of the United states of America at the office of the Treasurer of the City of Seal Beach, at Seal Beach, California. For the punctual payment of this bond, with interest hereon as aforesaid, and for the levy and collection of taxes suf- ficient for that purpose, the full faith and credit of said City of Seal Beach are hereby irrevocably pledged. This bond may be registered as to both principal and interest in accordanoe with the proviSions on the back hereof. ~I This bond is issued by the City of Seal Beaoh for the purpose of the acquisition, construction and oom- pletion of a wharf or munioipal pier, including ornamental lights, water, restrooms, boat landing faoil1ties, the acquisition of land, reclamation of submerged lands, right of way, machinery, equipment, apparatus or other appurte- nances and other property neoessary therefor, and is issued by virtue of a two-thirds vote of the qualified voters of said City of Seal Beach voting at an election duly held on the 12th day of April, 1938, and pursuant to the Consti- tution and statutes of the State of California, including an Act of the Legislature of the State of California en- titled "An Aot authorizing the incurring of indebtedness by cities, towns and municipal corporations tor municipal improvements and regulating the acquisition, construction or completion thereof," which became a law February 25, 1901, and aots amendatory thereof and supplementary there- to. It is hereby certified and recited that all the conditions, acts and things required by the Constitution and statutes of the State ot California, to exist" to have happened and to have been performed, preoedent to and in the issuanoe of this bond exist, have happened, and have been performed in regular and due time, torm and man- ner as required by law, and that the issue of bonds of which this is one, together with all other indebtedness of said City of Seal Beaoh, is within every dsbt and other limit prescribed by the Constitution and Laws of said state. IN WITNESS WHEREOF, the City of Seal Beach has caused this bond to be signed by its Mayor and Treasurer, to be countersigned by its City Clerk, to be sealed with its corporate seal, and the coupons hereto annexed to be signed by the facsimile signature of its Treasurer, and this bond to be dated the 15th day of June, 1939. 1 Mayor of the City of Seal Beaoh, Cali fornia. Treasurer of the City of Seal Beach, California. Countersigned: City Clerk of the City of Seal Beach, California. 4. Resolution Number ~ . I The interest coupons shall be signed by the Treasurer of said city, by his engraved or lithographed signature, and shall be substantially in the following form: No. On the 15th day of 19_ The CITY OF SEAL BEACH, a munioipal corporation of the State of California, will pay to the bearer the sum of twenty dollars in lawful money of United States of America, at the office of the Treasurer of the City of Seal Beach, at Seal Beach, California, being semiannual interest then due on its Municipal Pier Bonds of 1935, Series Second, dated June 15, 1939, and bearing ........No. $20.00 Treasurer of the City of Seal Beach, California. I Section 4. The Mayor of said City of Seal Beach and the Treasurer of said City are hereby authorized and direoted respectively as such officers, to sign each of said bonds on behalf of said City, and the City Clerk is hereby authorized and directed to countersign each of said bonds and to affix the oorporate seal of said City thereto; and the said Treasurer is hereby authorized and directed to sign each of the interest coupons, either by his own hand or by lithographed or engraved facsimile signature; and such signing, oountersign1ng and sealing shall be a suf- ficient and binding execution of said bonds and coupons by said City. 1 Section 5. For the purpose of paying the princi- pal and interest of said b~nds the City Council of said City of Seal Beach shall, at the time of fixing the gener- al tax levy and in the manner for such general tax levy provided, levy and collect annually each year, until such bonds are paid or until there shall be a sum in the treasury of said city set apart fOr that purpose, suffici- ent to meet all sums ooming due for principal and interest 5. Resolution Number "'c , I on such bonds, a tax sufficient to pay the annual interest on such bonds, and also such part of the principal thereof as shall beoome due before the time for fixing the next general tax levy. Said tax shall be in addition to all other taxes levied for municip~l purposes, and shall be collected at the same time and in the same manner as other municipal taxes are collected, and said taxes, as collected, shall forthwith ,be paid mto a fund to be designated as "Munioipal Pier Bond Interest and Sinking Fund." Said fund shall be used for no other purpose than the payment of said bonds and accruing intarest. 1 Seotion 6. There is hereby created and established the "Municipal Pier Bonds of 1938 Fund" into which all of the proceeds of the sale of said bonds shall be placed by the Treasurer. The prooeeds of sale of said bonds, when deposited in said fund as aforesaid. shall be applied ex- clusively to the acquisition, construction and completion of said municipal improvement, as desor1bed in Ordinance No. 222 submitting said proposition for the incurring of said indebtedness therefor to the electors of said City of Seal Beach. I Section 7. The City Clerk is directed to cause to be lithographed. printed or engraved a sufficient num- ber of blank bonds and coupons of suitable quality, and to cause the blank spaces thereof to be filled in to comply with the provisions hereof. and to procure their execution by the proper officers. and to deliver them, when so exe- cuted, to the Treasurer of said City, who shall safely keep them until they shall be sold by the City Council; '- 6. Resolution Number ... .' ~ whereupon she shall deliver them to ~he purchaser or pur- chasers thereof, on receipt of the purchase price. I Section 8. This resolution shall take effect frOlD and after its passage and approval. PASSED, ADOPTED AND APPROVED this 17th day of August 1939. , , ,. . "'(SEA:L) . ,l-. '~ , ..-:. ~ .:r.... ... - 'kttest: , - .. - . ... .... ...~ ...' Mayor ~ Beaoh, Cali fornia. \.. . "'II , ' ,J..... ...... ,... ~.... '!J.l"O J.., ,~ -..~ -- ; --'IlL'., ~4,1~~ City Clerk of the City of Seal Beach, California. " -. - - ' STATE OF CALIFORNIA } COUNTY OF ORANGE } SS. CITY OF SEAL BEACH ) 1 I, OLLIE B. PADRICK, City Clerk of the City of Seal Beach, California, do hereby certify that the whole number of members of the City Council of the City of Seal Bea~h is five, and that the foregoing resolution, being Resolution No.~__, was duly passed, approved and adopted ~y said~ouncil and approved and signed by the Mayor and attested by the City Clerk, all at a regular meeting of said council held on the ~ day of August, 1939, and that the same was passed ana-iQopted by the fol- lowi~g vote, to-wit: AlES: COUNCItMEN Ch'een, Miller, Eupferle,Rughes NOES: COUNCILMEN ,one ABSENT : COUNCILMAN Waidler 1 , . ;(SEAL) . , '. ".(pi /d.A j- :.4, ~cterk Of~~~'Y of Seal Beach, California. " < ...~~ " , h '"l- ; .;. . t ~t!t:_ .. . .,. . - . ~ ,. ,: .... ) 7.' J , ,