HomeMy WebLinkAbout835 - Issuance of BondsAFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA,
• County of Orange,
BEN REDDICK
of the said County, being duly sworn, deposes
and says: THAT ............he is and at all times here
mentioned was a citizen, of the United States,
over the age of eighteen years, and that ...............
he is not a party to, nor interested in the above
entitled matter; that ................. he is the *
..... ............................... printer of the Newport Harbor
News Press, a newspaper of general circulation,
printed and published in the City of Newport
Beach, County of Orange, and which newspaper
has been adjudged a newspaper of general cir-
culation by the Superior Court of the County
of Orange. State of California, under date of
October 22, 1954, Case Number A 24831:,
that the notice, of which the annexed is a printed
copy, has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates,
to -wit:
................... . ...... ........ October. 21
........................ ...............................
all in the year 19..57.....
*Printer Foreman of the Printer or Principal
Clerk of the Printer.
Subscribed and Sworn to before me this
21st day of ............ .0.ctob.er
4
. .............
i
(SEAL) Notary Public in and for said County
r
and State.
My Commission Expires
................. Novem 17 5
...be....... .r .............................. 19.......9.......
ORDINANCE NO. 835
AN ORDINANCE OF THE CITY
OF NENA PORT BEACH.
CALIFORNIA. p R O V IDING
FOR THE ISSUANCE OF
BONDS OF SAID CITY IN
THE AMOUNT OF $1,780.000.
WHEREAS. pursuant to Or-
dinance No. 819 of the City of
Newport Beach. California, a
Special municipal election was
duly and regularly held in said
city on the 28th day of May, 1957.
fit which election there was sub-
mitted to the qualified voters of
said city the following bondi
proposition, to -wit:,
BOND PROPOSITION:
Shall the City of Newport
Beach Incur a bonded Indebt-
edness In the principal sum
of $1.780.000 for the purpose
of the acquisition and con -
structlon by said city of a
certain municipal Improve-
ment. to ntt: a water stor-
age reservoir with water
transmission lines and ap-
purtenances and appurtenant
works. water pipelines and
other works for the storage.
transmission and distribution
of, water. including the ac-
gnlsitlon of all lands. ease-
ments. pipe. Pumps valves.
fittings. meters. machinery. -
apparatus and other proper-
ty necessary therefor?
acd
VN.'HEREAS. said proposition
received the affirmative vote
and assent of more than two -
thirds of all of the qualified
voters of said city voting at said
election. Bud Bald city is now
authorized to issue bonds in the
amount and for the purpose set
forth in said proposition.
NOW. THEREFORE. the City
Council of the City of Newport
Beach. California. DOES OR-
DAIN as follows:
Section I. That bonds of the
City of Newport Beach. Califor-
nia, in the principal sum of
$1.780,000 be Issued and sold for
.the purpose set forth in the bond
proposition In the recitals here-
of. Said bonds shall be designat-
ed WATER BONDS. 1957. shall
be 1780 in number. numbered 1
to 1780. both inclusive. and.shail
be of the denomination of $1.000
each. Said bonds shall be dated
November L 1957. and shall
I be p a y a b l e is consecutive
numerical order $70.000 on
November 1 in each of the years
1958 to 1976, both Inclusive. and
$75,000 on November 1 In each
of the years 1977 to 1982. both
inclusive.
Section 2. Said bonds shall
;bear Interest at a rate or rates
Ito be hereafter fixed by resol-
ution. but not to exceed mix pe
cent (6%) Per annum. payable
annually the first year and semi
annually thereafter. Said bona
and the Interest thereon shall be
in lawful money of th
United States of America at th
office of the City Treasurer o
the City of Newport Beach. Cali-
fornia. in said city. or at an
fiscal agency of said City in Lo
Angeles. Cailfurrde6 or In Chica-
go.
Ililnots, of In New York. Ne
. York. at the option of the hold-
er
thereof.
Section 3. That the Mayor o
the City of Newport Beach
the City Treasurer of said city
are hereby authorized and direct-
ad
to sign all of said bonds b
their printed. lithographed or an
graved facsimile signatures. an
the City Clerk of maid city 1
hereby authorized and directs
to countersign said bonds and t
I affix thereto the corporate Be
of said city. and the City Trcas
urer of said. city Is hereb
authorized and directed to Big
the Interest ,coupons of
11� 829
bonds by his printed, lithograph-
ed cr rngraved facsimile signa-
Lure, and to number said interCst
coupons of each of said bohdz`
consecutively.
Section 4. That said bonds
and the coupons for the interest 7lp
thereon shall be issued in sub-
stantially the following form:
UNITED STATES
OF AMERICA
STATE OF CALIFORNIA
CITY OF NEWPORT BEACH
WATER BOND. 1957
No ................. $1.000
The CITY OF NEWPORT
BEACH. a municipal corpor-
ation situated In the County
of Orange. State of Califor-
nia, FOR VALUE RECE-
IVED, hereby acknowledg-
es its indebtedness and pro-
mises to pay to the bearer
hereof the sum of ONE
THOUSAND DOLLARS on
the first day of November.
19........... with Interest there-
on from the date hereof at
the rate of ............._. per cent
(......_rjo) per annum. Interest
for the first year payable at
the end of said year Bud In-
terest thereafter payable
semiannually on the first
days of May and November
of each mad every year until
this bond Is paid. on presen-
tation and surrender of the
P respective Interest coupons
hereto attached. Both prinel-
pal and Interest are payable
in lawful money of the
United States of America at
r the office of the City Treas-
urer of the City of Newport
Beach. California. in said
city. or at any fiscal agency
of said city in Los Aageles.
California. or in Chicago;
Illinois. or In New fork.
New York. at the option of
the holder hereof.
This bond Is Issued by the
City of Newport Beach under
and In pursuance of and in
conformity with the :hurter .
of said elty and the pro•
visions of Article 1, Chap -
ier 4, Division 4; Title 4 of
the Government Code of the
State of California, and acts
supplementary thereto. and
In pursuance of the Inws
and Ounstitutlon of the State
of California. and Is author-
ized by avote of more than
two - thirds of all the quall-
fled voters of said city vot-
Ing at an election duly and
legally called. held and con- •
ducted In said city on the
28th day. of Dlay, 1957.
Unless this bond matures
on or prior to November L
1972. It Is callable and re-
r deemable prior to maturity
_ In aceordnnce with the pro-
visions for redemption en-
s domed hereon.
IT 18 HEREBY CERTI-
FIED. RECITED AND DE-
CLARED that all acts, con -
f ditions and things required
by law to exist, happen and
Y be performed precedent to
Los
i and In the Issuance of this
I bond have existed, happened
�'' and been performed In due
time, form an manner as re-
quired by law., and that the
f amount of this bond. to-
gether witp all other lndebt-
edness of the City of New-
port Beach. does not exceed
Y .any debt limit prescribed by
the laws and Constltutlon of
d fhe State of Calllornia. •I
a LY -w ITNEss WHERE -
d OF. said City of Newport
o 'Reach has caused tills bond
al to be 'signed by the Mayer
and City Treasurer of : sod
'.
Y city by their facsimrle
n pares, eeimtersigngd
&aid City Cleitt of i a, .,
sealed with the corporate STRUCTION,FUND" and shall of maturity of the bonds to be ing in said Redemption Fund, i,.
seal of said city, and the in- be applied exclusive]_: tO the redeemed, provided, however, said moneys shall be transferred
} terest coupons hereto at- acquisition and coustructlen of itat whenever any call includes I to the general fund of the City;
{'inched to be Signed by said --- — - all of the bonds of a maturity provided, however, that If said
Treasuurer by his facsimile I the municipal. Improvement de- 'moneys are a part of the ro-
acribed.in'thE bond proposition 1the numbers of the bonds of P
signature,' and this bond re such Maturity need not be stat- ceeds .,of refunding .bohdq said
be dated the Yost doy of set forth in the recitals hereof, Ed; (4) require that such bonds Ys'
November, 1957. except as - provided Id Section .hone Shall be tfor, the 1b
(facsimile signature) 43628 of the Government Code of be surrendered with all interest the fund created for. the pap -
the State of California. Coupons maturi%K subsequent to ' ment of pri ncipal of and interest
_............_ .... ............................... the redemption date (except that i on such refunding bonds.:
Mayor of the CI oY Section 6. That any Premium
y LY no coupons need be surrendered Section 10. When notice. of
Newport Beach, Californa. nr accrued interest received from
p on registered bonds) at the of- redemption has been given{ sub-'
(facsimile signature) Ithe sale of said bonds shall
be turned over to and sloe- fice of the City Treasurer of the stantlally as provided - In --See-
..........._ ................... City of Newport Beach, in said Lion 8 hereof, and tphen the
CI Treasurer of the of .ed in said treasury in a fund to
City LY City, or at any fiscal agency of amount necessary for the ke-
Newport Beech, California; be known as, ':WATER BONDS, slid City in T.oS Angeles, Cali- demptlon of the bonds called ti)f
1957, INTEREST AND RE. g redemption (principal and >
COUNTERSIGNED: fornia, or Chicago, Illinois, or pf-
DEMPTION FUND." That for New York, New York; (e) re- Militia) Is set aside for thail
..... ..........................._.. the purpose of. paying the prin-
City Clerk of the City of ci 1 „end interest of said bonds suite that bonds which at the pose in the Redemptiolf; d,
Newport Beach Califoraa pa' time of call are registered shall as provided In Section 9
.the City Council of - the City of p
(SEAL) be accompanied by appropriate the bonds designated for redemp-
(CODPON FOR31): , :iiewport.Beach shall, at the time instruments of assignment duly,
of fixing .the general tax levy tion shall.become due and. pay
Coupon Na - ..._..... executed In blank; and (f) give able on the date fixed £or re-
On the, first day of _ .......... and annually thereafter until notice that further interest on demption thereof, and, upon pre-
. .................. 19......... -.the City raid -bonds am paid or until such bonds will not accrue after sentatlon and surrender of said
may there is a sum In the treasury'.
of Newport Beach, Califoo- the designated redemption date. bonds and (except as to t�ater-
rde„ will to the bearer at . of said city set apart for that If any of the bonds designated ed bonds) all Interest c pons
the office of the City purpose sufficient to meet all for redemption shall be register -
payments of principal and Inter- maturing after the redemption cifie i
Treasurer of said city in said eat on said bonds as they be- ed, the City Treasurer shall, on date, at the place specified in
city, or at any fiscal agency or before the date of publication the notice of redemption, and,
of said city in Los Angeles, come due, levy and collect a tax, of said notice of . redemption, if any of said bonds be regis -,.
California, or Chicago, les, sufficient to pay the Interest mall a similar notice, postage
on said bonds as It falls due assignment upon the approprate
nols, or in New York, New prepaid, to the respective regis- assignment thereof In blanlr;
York, at the option of the and such part of the principal tered owners thereof at the ad-
as will become due before the appearing on the bond such bonds shall be redeemed;
holder hereof the sum Of dresses app g and paid at said redemption
$ in lawful money 1 proceeds of a tax levied at the registry books.
next general tax levy will be price out of the Re&mpUon
of the United States of � The actual receipt by the hold- Fund, and no Interest will accrue
available. Said tax shall be in er of any bond (hereinafter re-
A en due being the interest - addition to all Other taxes levied On such bonds Called for coupons
due on WATER BOND, c ferred to as "bondholder ") of Con or on any Interest cWpons
1957, NO. _ for municipal collet es and shall notice of such redemption shall thereof after the redemption
• "'""'mbe - be levied and collected as other
dated November I, 1951 -;" not be a condition Precedent to date specified in such notice,.
( facsimile signature) city taxes, and shall forthwith redemption, and failure to rece-
be turned over and paid into ive such notice shall not affect and d for redemption p sold bonds so-
"' "' " " " " " " " " " ". "'. " " " """ said interest and redemption called for redemption after such
City Treasurer of the City of the validity p the proceedings bonds redemption date shall look for
Newport Beach, California. fund. Said fond shall be used for the redemption of such bonds
p -fbi no other purpose than the the payment of such -bonds and
Substantially the following - or the cessation of inter� at on the _premium thereon ody to
provisions for redemption shall payment of said bonds and ac- the date fixed for redemption. said Redemption Fund. All bonds
truing - interest thereon until The notice or notices required by redeemed and all Interest .. cou-
the printed on the reverse Bide of said bonds and interest are fully
the bond: this section shall be given by the pons thereof shall be'{.avicelled
PROVISIONS FOR paid. City Treasurer; A certificate by forthwith by the City; Tfthaur?e'r _
REDEMPTION Section 7. The bonds lnatur- the City reasurer that notice
ing on or prior to November 1, Y ,and shall not ou o.1. tlH.'.'
' Unless this bond matures of call and redemption has been ,pll Interest coupons..pertaltdng
m or prior to November 1, 1972, shall not be subject to call given to holders of registered
or redemption prior to maturity.; g co any redeemed bOrtde which;
872, It is redeemable in the bonds cl herein provided shall coupons have matured er e-
maaaer and subject to the
The bonds maturing or or after be conclusive as against all' Ipt or t- I time £IYed for t'e-
November 1, 1873, or any of i•tiea and no bonrllrolder whose ldemptton,� shall' continue to be
terms and provisions, and ie - .
with the effect, set forth In - them, may be called before registered bond is called for re- payable..fo the respectzye; hold -:
maturity and redeemed, at the dent tlon may object thereto or
Ordinance No ............. of tltb option of the City Council, on p eXS- ,ti[erebf but without. 44t rest..0a -
City of Newport Beach, at p Y I object to the cessation of inter - I thei�otg'':71ll9Ad.Interest pay -
the option of the City Court-. November ], 1972, or on any In- est on the red_ emption date fixed ) ab1e;QL= 4E;�EFr6t` • 6 the date fixed ,
cil of said City on November terest payment data thereafter -- for redemption upon registered
1, 1972, or on any Interest prior to maturity, at a redemp- by any claim or Showing that bonds shall continue to be pay -,
payment date thereafter tion price for each redeemable I he failed to actually receive such able to the respective registered
tier to moron bond equal to the principal notice of call and redemption.
p ty, upon,at amount thereof and accrued in- Sertion 9. Prior to the time owners of such bonds, or their
least 30 days' prior notlee, order, but without Interest there -
published In a newspaper - terest to the redemption date, the City Council determines to 'on.
circulated in the City of plus the following premiums if call and redeem any of said Section 11. That the City
Newport Beach, California, redeemed at the following emores: bonds there shall r established Clerk shall certify to the pass -
and In a financial newspaper Year of Call Premium in the City Treasury a bed or age and adoption of this ordi-
or journal of national clrcu- 1972 or 1973 4% Lion fund to be described or p
1974 ' ]mown as WATER BONDS, nance. by a vote of more than,
. lation published In the City 3''% two - thirds of all the members
of New York, New York, at 1975 2Sj (her after sometimes FUND of the City Council of said city 1
1976 2',a %u (hereinafter sometimes "), and Y
s redemption price equal toy 2% to as "Redemption Fund "), and and shall cause this ordinance
the principal amount there- 1977 to be published once in the
1978 1?4% prior to the publication of the NEWPORT HARBOR NEWS -
of and accrued interest to r notice of redemption there must
the redemption .date. pros :� 1979 or 1880 1 i° PRE59. a newspaper oY general
1981 or 1982 1i0/s be set aside in said Redemption d g
the Yellowing premiums iY 'Fund moneys available for the circulation in Said city, within
redemed at the following All or any of the bonds sub-
for Y fifteen (15 days after Its ado
times: ject to call may be called for purpose and sufficient to redeem, tion. ) Y p
redemption at any one time. If at the premiums payable as in Section 12. This ordinance
Year of Call Premltyn P this ordinance provided, the
1912 or 1973 4�f° less than all of the bonds are bends desi nated In Stich notice shall take effect thirty (30) days
1974 3!}°fe redeemed at any one time, such g from the date of its adoption.
1975 - 3°J° bonds shall be redeemed only in for Redemption. Said moneys ADOPTED, SIGNED AND
1 must be set aside in said fund
1976 2!yz% inverse order of maturity and . APPROVED this 16th, day of
1977 2,o number, beginning with the solely for that purpose and shall October, 1957.
1978 li /z% highest numbered bond. The in. be applied on or after the re- DORA O. HILL
1979 or 1980 1% terest payment date on which cipal on date m payment (p h Mayor of the City of.
1/1 2% are to be presented for cipal and premium) for the Newport Beach, California.
On the reverse iz% bonds to be redeemed u3on pre -
On the reverse aide of the redemption is hereinafter some- ATTEST:
ipon there shall be printed times called the "redemption scntation and surrender of such MARGERY SCHROUDER
stantlally the following: date." bonds and (except as to regis- City Clerk of the City of
(REVERSE e f COUPON) Section 8. Notice of the in- feted- bonds) all interest cou- Newport Beach, California.
If the bond to which this cou- tended redemption shall be pub-. ports maiming after the re- (SEAL)
deiption date, and shall be used STATE OF CALIFORNIA,
. port s attached Is redeemable ]fished pe one Inert ci In n only for that purpose. Any In- f
and is duly called for redemption newspaper of general circulation terest coupon due' on or prior COUNTY OF ORANGE,
on a date prior to the maturity' In the City of Newport Beach, to the redemption date shall be CITY OF NEWPORT BEACH as.
date of this coupon, this coupon I California, and in a financial I, MARMRY SCHRO rDER,
newspaper or ournal of natlonel paid from the Interest and Re
will be void. l j demption Fund upon presents- City Clerk of the City is New' -
Section 5. That the proceeds circulation published in the City tion and surrender thereof. Each port Beach, California,
of the sale of said bonds (except. of New York, New York, said bond presented (if unregistered) HEREBY CERTIFY that
premium, if any, and accrued In -, publications to be at least 30 ]hurt .have attached thereto or I foregoing ordinance was :..--.
terest) shall forthwith be turn -' -days but not more than 60 days presented thetewith all interest duced and read at an Wdjoc: r.
ed ever to and placed in the prior to the redemption date. i coupons maturing after the re-'� ed regular meeting of the City
municipal treasury of the City The notice of redemption shall dem tion date. If after all Off Council duly held on the 16th
of Newport Beach to the credit (a) state the redemption date; the bonds have been redeemed day of Septcmber, 19.57, ana
of a fund to be known as W) state the redemption price; arid• cancelled or paid and can- thereafter at an . - °_..
"WATER BONDS, 1957. CON- I (cl state the numbers and dates celled there 8re moneys remain- regular meeting , of said Ciiy .
-__
L
11
'aay of October, 1957, was duly
passed and adopted by said City
Council and signed and approv-
ed by the Mayor of said City,
and that said ordinance was
passed and adopted by a vote
of more than two - thirds of the
members of said City Council, to
wit: ......_.
i AYES: Councilmen Wilder,
Hart, MacKay, Stoddard, Hig-
bis, Rldderhof, Hill
NOES: Councilmen None
ABSENT: Councilmen None
MARGERY SCHROUDER
City Clerk of the City of
Newport Beach, California.
(SEAL)
STATE OF CALIFORNIA
COUNTY OF ORANGE,
CITY OF NEWPORT BEACH as.
I, MARGERY SCHROUDER,
City Clerk of the City of New-
port Beach, California, DO
(HEREBY CERTIFY that the I
above and foregoing is a full,
true and cotTect copy of Ordi-
nance No. 835 'of said city and
that said ordinance was adopted
at the time and by the vote
.stated on th@ certificate attached
thereto, and has not been
amended or repealed.
Dated: October 16, 19574
MARGERY SCHROUDER
City Clerk of the City of
Newport Beach, California.
(SEAL)
No. 829
News Press 10 /21/57
0
•
STATE OF CALIFORNIA I
COUNTY OF ORANGE SS.
CITY OF NEWPORT BEACH
Margery Schrouder
h - --- ------ ----°---------------------------------- ---............................ City Clerk of the City of Newport
Beach, California, do hereby certify that the foregoing Ordinance
Y fY 9 9 ------- -- -- -- -- -- -
No .........8 ....... ... . .. .........was duly and regularly adopted, passed, annd approved by the City Council
of the City of Newport Beach, California, at a regular /meeWinng of esaadid City Council held at the
regular meeting place thereof, on the ------- lfith day, of.. - -- _October 57
- - 19
by the following vote:
Hart, Wilder, MacKay, Stoddard,
AYES: COUNCILMEN ....................................................................................................
Higbie, Ridderhof, Hill
NOES: COUNCILMEN ......... None
None
ABSENT: COUNCILMEN ........... ......
Dated this .... 1St day of
NB 130 -500 IV56
November
57
19-- -- - ---
-
City Clerk nd & -O ficio Clerk of the C-
ity Council,
City of Newport Beach, State of California
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