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HomeMy WebLinkAbout523 - Issuance & Sale of Bonds for Municipal Improvement District 71 I RESOLUTION NO. • 2 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 NEWPORT BEACH, DIRECTING THE ISSUANCE AND SALE OF BONDS OF MUNICIPAL IMPROVEMENT DISTRICT N0. 7 OF 4 THE CITY OF NEWPORT BEACH, DIRECTING THE GIVING OF NOTICE OF SALE, CREATING A FUND FOR THE RECEPTION 5 OF THE PROCEEDS DERIVED FROM THE SALE OF SAID BONDS AND PRESCRIBING THE FORM OF SAID BONDS AND INTEREST 6 COUPONS, 71 0 9 WHEREAS, on the 29th day of April, 1929, there 10 was filed with the Clerk, of the City of Newport Beach, a petition 11 signed by ten per oent (10%) and more of the qualified electors 12 of the City of Newport Beach, residing in certain territory there, 13 of, asking that said territory be formed into a Municipal Improve. 14 ment District for the ur ose of creating p p an indebtedness thereof 15 to be represented by bonds of said district, the proceeds from 16 the sale of which bonds are to be used for the acquisition of a 17;' public improvement, setting forth the general description of the 18 improvement work to be acquired and a general description of the 19 exterior boundaries of the proposed district, said petition 20 further providing that all necessary and proper steps and pro - 21 oeedings for the acquisition of said public improvement be done 22 in accordance with that certain act of the Legislature of the 23 State of California entitled "An Act to Provide for the formation 24 of districts within municipalities for the acquisition or 25 construction of public improvements, works and public utilities; 26 for the issuance, sale and payment of bonds of such districts 27 • to meet the costs of such improvements" approved April 20, 1915, • 28 Statutes 1915, page 99, and amendments thereto; and 29 30 WHEREAS, on the 27th day of May, 1929, the City 31 Council of the City of Newport Beach adopted Ordinance No. 360 of 32 said city, which was thereafter duly published as required by law ROLAND THOMPSON ATTORNEY AT LAW SANTA ARAy CALIF. ... 1 • 2 • 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 •• 28 29 30 31 32 ROLAND THOMPSON ATTORNEY AT LAW SANTA ANh CALIP. C_ C the same being an ordinance declaring its intention to call an election in the proposed district or as the same might be there- after modified, for the purpose of submitting to the qualified electors of said district the proposition of authorizing the issuance and sale of bonds of said district in the manner and for the purposes set forth in said Ordinance of Intention, the said ordinance setting forth the matters and things required by law and fixing a date, hour and place for the hearing of protests; and WHEREAS, no person interested or otherwise, objected to the formation of the district or to the extent thereof, or to theproposed improvement, wor); or acquisition thereof, or to the inclusion of his property in said district; and WHEREAS, on the 17th day of June, 1929, the City Council of the City of Newport Beach adopted Ordinance No. 362 of said City, and the same was therafter duly published, providing forthe submission to the qualified voters of said dis- trict the proposition of incurring a debt by the issuance and of bonds of such district for the purposes set forth in said ordinance* reciting the objects and purposes for which the proposed indebtedness was to be incurred, the nature of the Improvement work contemplated, the estimated cost thereof, the amount of the principal of the indebtedness to be incurred therefore, being the sum of $36,000.00, and the rate of interest to be paid on said indebtedness, which rate of interest it was provided should not be in excess of six per oentum (6�) per annum, and shall be paid semi - annually, and fixing the 16th day of July, 1939 as the date on which shah election should be held, the manner of holding the same and the manner of voting for or against said proposition; and -a- 'r 1. 1 WHEREAS, on the 16th day of July, 1929, in • 2 accordance with said Ordinance No. 362 of said City of Newport • 3 Beach and the laws in such oases made and provided, there was 4 held at and within Municipal Improvement District No. 7 of the 5 City of Newport Beach, an eleetion at which there was submitted 6 to and voted fo- and against by the qualified electors of said 7 district, the proposition of the issuance and sale of bonds of 8 said district in the sum of $36,000.00; and 9 WHEREAS, the City Council of the City of Newport 10 Beach met in an adjourned regular meeting on the 22nd day of July 11 1929, and the returns of said election being made and in the hand 12 of the Clerk of said city, proceeded to canvass the same and from 13 the returns and the canvass thereof, the City Council found that 14 at the election there were voted votes; that 15 vat ee were oast YES or in favor of the issuance and sale of bonds 16 and the incurring of an indebtedness in the sum of $36,000.00, an 17.' 37_ votes were oast NO and against the issuance and sale of 18 said bonds and the incurring of an indebtedness in the sum of 19 $36,000.00, and that two - thirds (2%3) and more of the voters 20 voting at the election voted YES and in favor of the issuance and 21 sale of the bonds of Municipal Improvement District No. 7 of the 22 City of Newport Beach in the sum of $36,000.00 for the propositio 23 set forth in said Ordinance and that the issuance of the bonds 24 of said District has been and is authorized. 25 The City Council of the City of Newport Beach 26 do resolve as follows: 27 r• 28 Section 1. The bonds of Municipal Improvement MF District No. 7 of the City of Newport Beaoh, the exterior 29 boundaries of which are generally described in the petition for t 30 formation thereof, filed with the Clerk of said City on the 29th 31 day of April, 1929, defined and permanently established in 32 RO"NO THOMPSON -3- ATTORNEY AT LAW ..x. A... ..I. 3] 0 32 ROLAND THOMP51 ATTORNEY AT LAW ..T. ANA. CYLII. I Ordinance *o. 360 thereof, shall be issued and Bold in the sum • 2 of $36,000.00, for the acquisition of a public improvement it • 3 and within said district, to -wit: the acquisition of P certain 4 right- of..way and, the improvement thereof within said district, 5 which municipal improvement the City of Newport Se,..ch is 6 authorised to acquire and is described as "A right -of -way for 7 public street purpon s and the improvement thereof, as.a public 8 street, and to constTuuot and maintain u. public street ". 9 Section 2. The $380000.00 shall be represented , 10 by thirty -six (36) bonds0 each in the denomination of $1000.00 11 and number from one (1) to thirty. -six (36) both inclusive, 12 bearing; interest at the rate of six per cent per annum, payable 13 semi - annually, both principal and interest on said bonds shall 14 be paid at the office of the 'treasurer of the City of Newport 15 Beach in e7lid city, County of Orange, State of California. 16 All of the bonds shall be dated September Into 17 1929, and the semi - annual interest shall be payable on the lot 18 day of Uarch and the lat day of September of each and every 19 year after said date until the bands shall be well and truly 20 paid, principal gn(. interest. 21 On the lot day of Septertaber, 1930, two of n A d bonds 22 to -wit, Roo. 1 and 2: both inclusive, shall fall due and be 23 paid and atnually there-!fter on the tat day of September, two 24 (2) additional of said bonds in successive numerical order shall 25 fall due and be paid until the whole sum of $36,000.00 is paid, 26 making an annual payment on the principal of srid bonds of 27 $2000.006 +• 28 Section 3. The form of said bonds and interest 29 coupons to be attached thereto sh *11 be as follows:. 30 3] 0 32 ROLAND THOMP51 ATTORNEY AT LAW ..T. ANA. CYLII. T 3 II UNI ?$D STATES OF AMERICA 2 Number Nuanber • STATE OF CALIFORNIA 3 CITY OF NEWPORT BEACH �1000.Q0 $10O0.4O MUNICIPAL IMPR0VEMENT DISTRICT NO. & 4 I OF THE CITY OF NEWPORT BEACH BOND 5 September. 1, 1929. 6 Under and by virtue of an Act of the Legislature 7 of the State of California, entitled: "An Act to provide for the formation of districts within municipalities for the acquisition 8 or construction of public improvements, works and public utilities for the issuance, sale and payment of bonds of such district to 9 meet the cost of such improvements; and for the acquisition or construction of such improvements#, approved April 20, 1915, as 10 amended, Municipal Improvement District No. 7 of the City of Newport Beach in the City of Newport Beach, State of California, 11 by its governing body, the Mayor and Council of said City, promise out of the fund hereinafter described, to pay to the bearer, on th, 12 let day of September , the sum of 1000.00, with interes thereon at the rate of six per oentum (0) per annum, payable semi 13 annually on the let day of March and the let day of September of ea year, upon presentation and surrender of the interest coupons here. 14 to attaohed, principal and interest payable in lawful money of the United States, at the office of the Treasurer of said City of 15 Newport Beach. The principal and interest of this bond are payabl exclusively out of taxes levied upon the taxable property in said 16 Municipal Improvement District No. 7 of the City of Newport Beach, and neither the City of Newport Beach nor any officer thereof is 17 •holden for the payment thereof otherwise. It is hereby certified that all requirements of the constitution and laws of the State of 18 California and the Ordinances of said City of Newport Beach have been fully complied with by the proper officers in the issuing of 19 this bond; that this issue of bonds has been authorized by a 20 two — thirds vote of the duly qualified voters of said district voting on the question of such issue at a special election duly 21 and regularly called and held in said district on July 16, 1929, and that provision has been made for the collection of an annual 22 tax upon the t axable property of said district, suffioient to pay the interest on this bond and the issue of which it forms a 23 part, as said interest . falls due, and also provision to constitute a sinking fund for the payment of the principal thereof. 24 IN WITNESS WHEREOF, the Mayor and Council of the 25 City of Newport Beach, the governing authority of said Municipal Improvement District Not 7' of the City of Newport Beaoh, has 26 caused this bond to be signed by the Mayor and Treasurer of the said City of Newport Beach, and countersigned by the Clerk of said 24 City, and the corporate seal of said City to be hereto affixed, • and the interest coupons hereto attached to bear the facsimile • 28 signature of said Treasurer, and this bond will be dated the let day of September, 1929. 29 30 Mayor of the City of Newport Countersigned by: Beach 31 32 City Clerk of the City of Newport Treasurer of the City of Beach Newport Beach ROLAND THOMPSON ATTORNEY AT LAW -� MNYA ANA, CALIF. • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 There shall be attached to each bond, consecutively numbered, interest coupons providing for the payment of semi- annual interest thereon, which shall be in the following form:- INTEREST COUPON $30,00 Coupon No. Newport Beach, California Septenber 1, 1929. Municipal Improvement District No. 7 Bond. On the 2nd day of 19 Municipal Improvement District No 7 of the City of Newport Beech, in the City of Newport Beech, County of Orange, State of California, will pay to the bearer, at the office of the Treasurer of the City of Newport Beach, the sum of Thirty Dollars ($30.00) in lawful money of the United States, the semi - annual interest due on Municipal Improvement District No. 7 of the City of Newport Beaoh bond election of 1929, this coupon being payable exoluoively from taxes levied upon the taxable property of said district. Treasurer of the City of Newport Beach Each bond shall be signed by the Mayor of the City of Newport Beech as the chief executive thereof, also signed by the Treasurer and countersigned by the Clerk. The interest coupon shall be signed by the Treasurer of the City of Nenmort Beach by his engraved or lithographed signature. Section 4. The Clerk of the City of Newport Beach shall forthwith by mail, postage prepaid, notify the Department of Finance and the State Treasurer of the State of -6- 23 24 25 26 27 •• 28 29 30 31 32 ROLAND THOMPSON ATTORNEY AT LAW 4NTA ANA. CALIF. There shall be attached to each bond, consecutively numbered, interest coupons providing for the payment of semi- annual interest thereon, which shall be in the following form:- INTEREST COUPON $30,00 Coupon No. Newport Beach, California Septenber 1, 1929. Municipal Improvement District No. 7 Bond. On the 2nd day of 19 Municipal Improvement District No 7 of the City of Newport Beech, in the City of Newport Beech, County of Orange, State of California, will pay to the bearer, at the office of the Treasurer of the City of Newport Beach, the sum of Thirty Dollars ($30.00) in lawful money of the United States, the semi - annual interest due on Municipal Improvement District No. 7 of the City of Newport Beaoh bond election of 1929, this coupon being payable exoluoively from taxes levied upon the taxable property of said district. Treasurer of the City of Newport Beach Each bond shall be signed by the Mayor of the City of Newport Beech as the chief executive thereof, also signed by the Treasurer and countersigned by the Clerk. The interest coupon shall be signed by the Treasurer of the City of Nenmort Beach by his engraved or lithographed signature. Section 4. The Clerk of the City of Newport Beach shall forthwith by mail, postage prepaid, notify the Department of Finance and the State Treasurer of the State of -6- 0 • 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 California, at the Capitol, to —wit, Sacramento, California, of the issuance and sale of the bonds herein mentioned, specifying in said notices the purposes for which said bonds were voted, the. amount of the total issue for ea oh purpose, the denomination of eaoh bond showing date of issuance and date of maturity, the rate of interest showing where and when payable, the assessed value of the property upon which such bonds are a lien, the total amount of other bonded indebtedness which is a lien upon said property, and shall, if requested by the State Department of Vinance, furnish a full description of the proceedings leading up to the issuanoe of said bonds. All bide shall be addressed to the Clerk df the City of Newport Beach and accompanied by a check payable to the thereof in a sum equal to two per cent of the aggregate of the bid and certified by a responsible bank in this state, provided, however, that no certified check, bond or other assurance in law shall be required from the State of California upon its bid to purchase said bonds. Section 5, The Clerk of the City of Newport shall immediately advertise said bonds for sale by publish— notice inviting sealed bids therefor in Newport News, a of general circulation, printed, published and ted'in the City of Newport Beach, for two (2) ks next preceding the date on which bids are to be received; said date to be fixed by the Clerk. Any and all bonds not previously sold may be sold any time by giving like notice and receiving bids under like onditions. 8o bonds shall be sold for lees than their par and interest accrued at the date of delivery. The proceeds the sale of all bonds shall b e plaoed in the treasury of the -7- 24 25 26 27 .• 2.8 29 30 3] 32 ROLAND TNOMP50 ATTORNEY AT LAW .ANT. ANA., CALII. California, at the Capitol, to —wit, Sacramento, California, of the issuance and sale of the bonds herein mentioned, specifying in said notices the purposes for which said bonds were voted, the. amount of the total issue for ea oh purpose, the denomination of eaoh bond showing date of issuance and date of maturity, the rate of interest showing where and when payable, the assessed value of the property upon which such bonds are a lien, the total amount of other bonded indebtedness which is a lien upon said property, and shall, if requested by the State Department of Vinance, furnish a full description of the proceedings leading up to the issuanoe of said bonds. All bide shall be addressed to the Clerk df the City of Newport Beach and accompanied by a check payable to the thereof in a sum equal to two per cent of the aggregate of the bid and certified by a responsible bank in this state, provided, however, that no certified check, bond or other assurance in law shall be required from the State of California upon its bid to purchase said bonds. Section 5, The Clerk of the City of Newport shall immediately advertise said bonds for sale by publish— notice inviting sealed bids therefor in Newport News, a of general circulation, printed, published and ted'in the City of Newport Beach, for two (2) ks next preceding the date on which bids are to be received; said date to be fixed by the Clerk. Any and all bonds not previously sold may be sold any time by giving like notice and receiving bids under like onditions. 8o bonds shall be sold for lees than their par and interest accrued at the date of delivery. The proceeds the sale of all bonds shall b e plaoed in the treasury of the -7- • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 City of Newport Beach to the sxcdit of the funds of Municipal Improvement District No. 7 of the City of Newport Beach, and shall be applied exclusively to the purpose of the acquisition of the improvement mentioned in Ordinance Ito. 362 and in this Rego 1Aj on defined. Section 6. The legislative body of the City of Newport Beach shall and will at the time of fixing the general to levy, and in the manner for such general tax levy provided, levy, and collect a tax each year upon the taxable property in Munioipa Improvement District No. 7 of the City of Newport Beach, sufficient to pay the interest on such bonds for that year, and such portion of the principal thereof as is to become due before the time for making the next general taz levy on all bonds issued and outstanding. Such tax shall be in addition to all other tare levied for municipal purposes and when collected shall be paid in to the treasury of the City of Newport Beach and be used for the payment of the principal and interest on such bonds, and for no other purpose. I hereby certify that the foregoing Resolution was regularly introduced and passed by the City Council of the City of Newport Beach at a regular meeting thereof held on the 8th day of August, 1929, by the vote of the following named members thereof, to -wit: r AYES, COUNCILM£N;� nn N / _. ' n'/ 40ES0 COUNCILMEN: 2?2= ABSENT, OOUNOILMFK: %' ' ATTEST: Clerks City of Newport Beach Mayor - OityCof Newport Beach ( SEAL) 23 24 25 26 27 28 29 30 31 32 RO"ND THOMPSON ATTORNKY AT LAW ...T..... CwLlr. City of Newport Beach to the sxcdit of the funds of Municipal Improvement District No. 7 of the City of Newport Beach, and shall be applied exclusively to the purpose of the acquisition of the improvement mentioned in Ordinance Ito. 362 and in this Rego 1Aj on defined. Section 6. The legislative body of the City of Newport Beach shall and will at the time of fixing the general to levy, and in the manner for such general tax levy provided, levy, and collect a tax each year upon the taxable property in Munioipa Improvement District No. 7 of the City of Newport Beach, sufficient to pay the interest on such bonds for that year, and such portion of the principal thereof as is to become due before the time for making the next general taz levy on all bonds issued and outstanding. Such tax shall be in addition to all other tare levied for municipal purposes and when collected shall be paid in to the treasury of the City of Newport Beach and be used for the payment of the principal and interest on such bonds, and for no other purpose. I hereby certify that the foregoing Resolution was regularly introduced and passed by the City Council of the City of Newport Beach at a regular meeting thereof held on the 8th day of August, 1929, by the vote of the following named members thereof, to -wit: r AYES, COUNCILM£N;� nn N / _. ' n'/ 40ES0 COUNCILMEN: 2?2= ABSENT, OOUNOILMFK: %' ' ATTEST: Clerks City of Newport Beach Mayor - OityCof Newport Beach ( SEAL)