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HomeMy WebLinkAbout489 - Issuance of Bonds• • • ORDINANCE NO. 469 AN ORDINANCE OF THE CITY OF NEWPORT BEACH, CALI- FORNIA, PROVIDING FOR THE ISSUANCE OF BONDS OF SAID CITY IN THE AMOUNT OF $130,000.00, FOR THE ACQUISITION AND CONSTRUCTION OF MUNI- CIPAL IMPROVEMENTS, AND FOR THE REDEMPTION OF SAID BONDS WHEREAS, pursuant to Ordi- nance No. 488 of the City of New- port Beach, California, a special election was duly and regularly held in said City on the 5th day of December, 1939, at which elec- tion there was submitted to the qualified voters of said city the following proposition, to -wit: PROPOSITION NO. 1 Shall the Cty of Newport Beach incur a bonded indebt- edness in the principal sum of $130,000.00 for the acquisition and construction of a munici- pal improvement, to-wit: The acquisition, ccnstmetion and reconstruction of two public piers, including the recon- struction and extension of the existing piers, into the waters of the Pacific Ocean, includ- ing buildings and structures necessary or convenient for said project? and WHEREAS, said proposition received the affirmative vote and .assent of more than two-thirds of all the qualified voters of said city voting at said election, and said city is now authorized to issue bonds in the amount and for the purposes hereinbefore specified. NOW, THEREFORE, the City Council of the City of Newport Beach does ordain as follows: Section 1. That bonds of the City of Newport Beach in the principal amount of One Hundred Thirty Thousand Dol- lars ($130,000.00) be issued and so'd for the purpose set forth in the proposition hereinbefore stated in the recitals hereof. Said bonds shall be designated PIER BONDS, 1940, Shall be one hundred thirty (130) in number, numbered 1 to 130, inclusive, of the denomination of One Thousand Dollars ($1000.00) each, dated January 1st, 1940, and shall mature in consecutive numerical order Six Thousand Dollars ($6000.00) annually from Jan- uary let, 1941 to January let, 1950, both inclusive, and Seven Thousand Dollars ($7000.00) an- nually from January 1st, 1951 to January l:t, 1960, both inclusive. The aforesaid bonds shall bear interest at a rate or rates to be hereafter fixed by resolution or resolutions, and not to exceed five per cent (5 %) per annum, pay- able semi- annually on the lat days of July and January of each year. Said bonds shall be payable at the office of the City Treasurer of the City of Newport Beach, in the City of Newport Beach, County of Crange, State of California, in lawful money cf the United States of America. Section 2. That the executive of said City, to -wit, the Mayor of said City, and the Treasurer of said City, are hereby authorized and directed to sign all of said bonds, and the City Clerk is hereby authorized and directed to countersign said bonds and to affix thereto the corporate seal of said City, and the Treasurer of said City is hereby authorized and directed to sign the interest coupons of said bonds by his printed, lithographed or engraved facsimile signature and to number said interest coupons of each of said bonds consecutively. Section 3. That said bonds, at the option of the holder thereof, may be registered as to both prin- cipal and interest by the Treas- urer of said City and the Treas- urer of said City is hereby author- ized to make such registration. After the registration, the prin- cipal and interest on said bonds so registered shall be paid to the registered owner thereof. Section 4. All of said bonds shall be issued in accordance with the provisions of an Act of the Legislature of the State of Call - fornia entitled "An Act authoriz- ing the incurring of indebtedness by cities, towns, and municipal corporations for municipal im- provements, and regulating the acquisition, construction or com- pletion thereof," which became a law February 25, 1901, and acts amendatory thereof and supple- mentary thereto. Section 5. That said bonds and the coupons for the interestthere- of shall be issued in substantially the following form: UNITED STATES OF AMERICA STATE OF CALIFORNIA CITY OF NEWPORT BEACH (In the above blank insert designation of bond) No ............. $1000.00 Newport Beach, California, January 1, 1940 THE CITY OF NEWPORT BEACH, a municipal corpora- tion, situated in the County of Orange, State of Califor- nia, FOR VALUE RE- CEIVED, hereby acknowledges its indebtedness and promises to pay to the bearer hereof the sum of ONE THOUSAND DOLLARS ($1000.00) on the let day cf January, 19......... with interest thereon at the rate of .......... per cent (-- - - - - %) per annum, payable semi- annually cn the let days of July and January 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 Ameri- ca at the office of the Treas- urer of said City in said city. This bond is issued by the CITY OF NEWPORT BEACH i,nder and in pursuance of and in conformity with the pro- visions of an Act of the Legis- lature of the State of Cali- fornia entitled, "An Act au- thorizing the incurring of in- debtedness by cities, towns, and municipal corporations for municipal improvements, and regulating the acquisi- tion, construction or comple- tion thereof," which became a law February 25, 1901, and acts amendatory thereof and Supplementary thereto, and in pursuance cf 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 New- port Beach voting at an elec- tion duly and legally called, held and conducted in said City of Newport Beach, on the 5th day of December, 1939. This bond may be registered as to both principal and in- terest in accordance with the provisions on the back hereof. IT IS HEREBY CERTI- FIED, RECITED AND DE- CLARED that all acts, condi- tions 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 re- quired by law, and that the amount of this bond, together with all other indebtedness of said city, does not exceed any debt limit prescribed by the laws or Constitution of the State of California. IN WITNESS WHEREOF, said City of Newport Beach has caused this bond to be signed by the Mayor of said city and by its Treasurer, and countersigned by the Clerk of said city and sealed with the corporate seal of said city, and has caused the in- terest coupons hereto at- tached to be signed by its Treasurer. (SEAL) -------------------------------- Mayor of the City of Newport Beach, California. Countersigned: Clerk of the City of Newport Beach, California. Treasurer of the City of Newport Beach, California. (COUPON FORM) No........` -- $--------------- On the 1st day of ................. 19........, the CITY OF NEW- PORT BEACH, CALIFOR- NIA, will pay to the bearer at the office of the City Treas- urer of said City, in said City, the sum of ........................ DOLLARS ($............ I, in law- ful money of the United States of America, being the semi - annual interest then due on....---`-_......._ ......................--'- No------------------ (Insert proper designation of bond) dated January 1, 1940. Treasurer of the City of Newport Beach, California. (FORM OF REGISTRATION STATEMENT) 19....... This bond is registered pur- suant to the statute in such cases made and provided in the name of ................ and the interest and principal thereof are hereafter payable to such owner. Treasurer of the City cf Newport Beach. Section 6. That the proceeds of the sale of said $130,000.00 Pier Bonds, 1940, shall be forthwith turned over to and placed in the municipal treasury of the City of Newport Beach to the credit of a fund to be designated "1940 PIER BOND FUND," and shall be used exclusively for the objects and purposes stated in the proposition heretofore set out in the recitals hereof. Section 7. That for the purpose of paying the principal and in- terest of said Pier Bonds, 1940, u • • • the City Council of the City of Newport Beach shall, at the time of fixing the general tax levy and in the manner for such general tax levy provided, levy and col- lect 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 pur- pose sufficient to meet all sums coming due for the principal and interest on said bands, a tax suf- ficient to pay the annual interest on said bonds, and also such part of the principal thereof as shall become due before the time for fixing the next general tax levy. Said taxes shall be in addition to all other taxes levied for municipal purposes and shall be collected at the time and in the same manner as other municipal taxes are collected. and the pro- ceeds of the tax levied for the payment of the principal and in- terest of the Pier Bonds, 1940, shall forthwith be turned over and paid into a fund of the City of Newport Beach to be known as "1940 PIER BOND INTEREST AND REDEMPTION FUND," and said fund shall be used for no other purpose than the payment of said Pier Bonds, 1940, and ac- cruing interest thereon. Section 8. That the City Clerk shall certify to the passage and adoption of this ordinance by a vote of more than two - thirds of all the members of the City Council of said City at an ad- journed regular meeting of said City Council, and its approval by the Mayor of said city, and shall cause this ordinance to be pub- lished once in the NEWPORT BALBOA NEWS- TIMES, a news- paper of general circulation printed and published in said City of Newport Beach, California. Section 9. This ordinance shall take effect upon Its passage. ADOPTED, SIGNED AND APPROVED this 18th day of December, 1939. HARRY H. WILLIAMSON, Mayor of the City of Newport Beach, California. ATTEST: FRANK L. RINEHART, Clerk of the City of Newport Beach, California. (SEAL) STATE OF CALIFORNIA ) COUNTY OF ORANGE )as. CITY OF NEWPORT BEACH) 1, FRANK L. RINEHART, City Clerk of the City of Newport Eeach, California, do hereby certi- fy that the foregoing ordinance was introduced at an adjourned regular meeting of the City Coun- cil of said City duly held on the 12th day of December, 1939, and thereafter at an adjourned regu- lar meeting of said City Council, duly held on the 18th day of December, 1939, duly passed and adopted by said Council and signed and approved by the Mayor of said city, and that said ordi- nance was passed and adopted by a vote of more than two - thirds of the members of said Council, to -wit: AYES, COUNCILMEN: Gordon, Claire, Whitson, Brown, William- son. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. ATTEST: FRANK L. RHINEHART, City Clerk of the City of Newport Beach, California. ( SEAL) (Pub. Dec. it 1939) - 1,