03/15/1923-039s
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IN THE MATTER OF INOURRING BONDED DEBTS BY THE CITY OF ANAHEIM FOR
THE FOLLOWING PURP('SES: THE ACQUISITION, CONSTRUCTION AND COMPLF.,-
TION BY THE CITY OF ANAHEIM OF AN ^UTFALL SnWFR.
A RESOLUTION PROVIDING FOR THE ISSUANCE AND REDEMPTION OF BONDS
OF THE CITY OF ANAHEIM IN THE SUM OF ONE HUNDRED SIXTY THOUSAND
($160,,000.00) DOLLARS FOR THE PURPOSE OF THE ACQUISITION, CON
STRUCTION AND COMPLETION BY THE CITY OF ANAHEIM OF A CERTAIN
MUNICIPAL IMPROVEMENT, TO -FLIT: AN r'UTFALL SEWER, TOGETHER WITH
ALL NECESSARY RIGHTS OF SPAY UPON WHICH TO OONSTRUCT AND THE CON -
STRUCTION OF AN O"TFALL SFWFR PIPE' LTVF, IN ':Lr?DING THE A10?I13ITTOV
OF ALL NECESSARY PIPE A'�iZ D THE PAYMENT OF THE COST AND EXPENSE OF
INSTALLING SAID SEWER PIPE LIFE, IN ACCORDANCE WITH ATID AS
AUTHORIZED W. A SPECIAL ELECTION HELD IN SAID CITY ON THE 4TH
DAY OF APRIL, 1922.
WHEREAS, the Board of Trustees of the City of Anaheim,
at its regular meeting held in said city on the 21st day of
January, 1922, by a vote of more than two - thirds of the members
of said Board of Trustees, did pass and adopt a resolution deter-
minim that the rublic intert�st and also the public necessity of
said City of Anaheim demanded tha acquisition, construction, and
completion by the City of Anaheim of a certain municipal improve-
ment, to -wit: an outfall sewer, togother with all necessary
rights of way upon which to construct and the construction of an
outfall se -ver ripe line, including the acquisition of all necess—
ary pipe and the payment of the cost and expense of installing
said sewer pipe l i n e .
The cost of the acquisition, construction and comple-
tion of the whole of said described municipal improvement was
estimated to be One Hundred Sixty Thousand (A,160 Dollars,
which said cost was and is too great to be paid out of the
ordinary annual income and revenue of the City of Anaheim, and
WHEREAS, the President of the Board of Trustees of
said city, who is the executive of said municipality, did, on
the 21st day of Januo.ry, 1922, duly and legally approve said
resolution of said Board of Trustees, and
WHEREAS, the said Board of Trustees of said City of
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Anaheim did thsre of tar,. at its meeting held on the 23rd clay of
Felarxuary, 1922, by a vote of more than two- thirds of all its
members, duly pass and adopt an ordinance calling and ordering a
special election in the said City of Anaheim to be held on the
4th day of .April, 1922, for the purpose of submitting to the
qualified electors of said city the following proposition for
incurring a bonded indebtedness by said city, to -wit:
A proposition to incur a bonded debt by the City of
Anaheim to the amount of One Hundred Sixty Thousand ($160,000.00)
for the acquisition, construction, and completion by the City of
Anaheim of a certain municipal improvement, to --wit: an outfall
sewer, together with all necessary rights of way upon which to
construct and the construction of an outfall sewer 'pipe line, inc-
luding the acquisition of all necessary pipe and the payment of
the cost and expnese of installing said sewer pipe line.
Said ordinance is numbered 416, and had theretofore
been duly introduced at a regular adjourned meeting of the said
Hoard of Trustees held on the 17th day of February, 1922, and
said ordinance was duly approved by the "resident of the 'Board of
Trustees of the said city, who was the executive of said
municipality, on the 23rd day of February, 1922, and
WHEREAS, said ordinance was duly published once a day
for at least seven days in the Anaheim Daily Herald, a newspaper
published at least six days a week in said City of Anaheim, and
in its regular issues of March 3, 1922, March 4, 1922, March 6,
1922, March 7, 1922, Larch 8, 1922, March 9, 1922, March 10, 1922,
March 11, 1922, and March 13, 1922, and
fiTHEREAS, at said special election more than two- thirds
of the qualified electors of said city voting at said special.
election, voted in favor of the proposition aforesaid, and for
the incurring of all of said bonded debt as aforesaid, and
WHEREAS, all and singular the provisions of an Act of
1 the Legislature of the State of California, entitled "An Act
2 authorizing the incurring of indebtedness by cities, towns and
3 municipal corporations for municipal improvements, and regulating
4 the acquisition, construction or completion ±hereof," which
5 became a law on the 25th day of February, 1901, and all acts
6 supplementary thereto and amendatory thereof, and the law and the
7 ordinances of said city have been fully complied with so as to
8 authorize the issuance of said bonds,
9 IOW; THEREFORE, the Board of Trustees of the City of
10 Anaheim do resolve as follows:
11 p SECTION 1. That bonds of the City of Anaheim in the
12 f sum of One Hundred Sixty Thousand (1 0 160,000.00) Dollars be issued
13 in accordance with the provisions of an Act of the Legislature
14 of the State of California, entitled "An Act authorizing; the in-
15 curring ofindebtedness by cities, towns, and municipal corpora -
16 tions for'municipal improvements, and regulating the acquisition,
17 construction, or completion thereof," which became a law February
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25, 1901, and all acts.supplementary thereto and amendatbry
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thereof, and with the ordinance of said city.
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That said bonds shall be negotiable in and shall
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be one hundred sixty (160) in number, all of which shall be of.
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the denomination of One Thousand (`1,00.0.00) Dollars each, and
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shall be numbered consecutively from one (1) to one hundred sixty
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160), both inclusive. All of said bonds shall be dated April i5,
25 923.
Four of said bonds shall be paid on the 15thday of
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April , 1924, and four upon the 15thday of Aril
of each and every year thereafter, at the office of the City
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29 Treasurer of said city, together with interest on all sums unpaid
at such date,until the principal and interest on all of said one
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hundred sixty bonds and the money thereby represented shall have
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been paid, the same being and constituting an annual payment of
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the sum of Four Thousand ($4,000.00) Dollars on the prindibal of
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1 said bonds, which said sum is not less than one - fortieth part
2 of said indebtedness.
3 SECTION 2. Said bonds shall be substantially in the
4 following form, to -wit:
5 Bond No........ .........................
6 United States of America,
7 State of California,
8 City of Anaheim.
9 (Mature of Pond)
10 Anaheim, California, 1923
11 On the day of , 192_ the City of
12 Anaheim, a municipal corporation,incor under the laws of
13 the State of California, will pay to the bearer, at the office of
14 the City Treasurer of said City of Anaheim, in the said City of
15 Anaheim, the sum of Dollars, with interest
16 thereon at the rate of five per cent per annum from the date
17 hereof, payable semi- annually on the15th day of and
18 thelbth day of of each Year that this bond is to
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run, upon the presentation and surrender of the interest coupons
20 hereto attached. Principal and interest payable in Gold Coin of
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the United States of America.
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This bond is issued in pursuance of the provisions of
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an Act of the Legislature of the State of California, entitled
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" 1 7a
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"An Act authorizing the incurring of indebtedness by cities, towns,
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and municipal corporations for municipal improvements,'and regulat-
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ing the acquisition, construction, or completion thereof," which
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became a law February 25, 1901, and all acts supplementary there -
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to and amendatory thereof.
30 It is further certified that all the requirements of
31 law and of�the ordinances of the City of Anaheim have been fully
32 complied with by the proper officers for the issuing of this bond;
that this issue of bonds has been authorized by the vote of two -
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thirds of all voters on the question of such issue at a special
election duly and regularly called and held in said city on the
4th day of April, 1922, and that the total amount of this issue,
together with all indebtedness of said city, does not in the
aggregate exceed fifteen per cent of the assessed value of all
the real and personal property of the said Oity of Anaheim, nor
does it exceed the limit prescribed by the constitution and laws
of the State of California.
That before or at the tim9 of incurring the indebtedness
evidenced hereby provision has been made for the collection of
an annual tax sufficient to pay the interest on such indebtedness
as. it falls due and also provision to constitute a sinking fund
for the payment of the principal thereof on or before maturity.
IN WITNESS WHEREOF, the said City of Anaheim has caused
this bond .t o be signed by the executive of said municipality,
to -wit: the President of the Beard of Trustees of said City of
Anaheim, and also by the Treasurer of said city, and to be counte
signed by the Clerk of said city, and the corporate seal of said
city to be affixed thereto; and said city has also caused the
coupons thereto attached to be numbered consecutively and signed
by the Treasurer of said City of Anaheim.
President of e Roara of rus ees
of the City of Anaheim
Treasurer of the .,ity of Anaheim
Countersigned:
ClerR of t e 3 i ty o n e im
That interest coupons shall be attached to each of said
one hundred sixty bonds, representing each installment of interes
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to accrue on such bond up to the maturity thereof, which said
interest coupons shall be numbered consecutively, beginning at
number one (1) and shall be substantially in the following form,
to -wit:
'No. . ( Amount
One the day of ;' 192 , the City
of Anaheim promises to pay to the bearer at the office of the
City Treasurer of the City of Anaheim the sum of
Dollars, in gold coin of the United States of America, the semi-
annual interest due oA (nature of bond) No.......
(no. of bond to which coupon is attached).
Treasurer of the C o An e
SECTION 3. That the President of the Board of `Prustees
of the City of Anaheim, being the executive of the municipality,
and the City Treasurer of said city, are hereby authorized and
directed to sign all the bonds herein provided for, and the City
Clerk of said city is . hereby authorized and directed to counter-
sign the same and affix the corporate seal of the City of
Anaheim thereto, and the City Treasurer of said city is hereby
authorized and directed to sign the interest coupons of said bonds
by having his name printed or lithographed thereon; and said bonds
shall be delivered by said 9ity Clerk to said City Treasurer in
the amount herein provided.
SECTION 4. For the puupose of paying the principal and
interest of said bonds, the Roard of Trustees of the City of
Anaheim shall at the time of fixing the general tax ledy and in
the manner for such general tax levy provided, levy and collect
for the several funds hereinafter provided for, 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 sufficient to
meet all sums becoming; due for the principal and interest on all
said bonds, taxes sufficient to pay the annual interest on said
bonds, and also such part of the principal thereof as shall become
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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 same time and in the same
manner as other municipal taxes are collected, and as collected
shall be forthwith paid into the respective funds for which the
same was levied and collected.
The taxes so collected for the payment of the principal
and interest of said one hundred sixty bonds shall be paid into
a fund to be known and designated as "Anaheim Sewer, Interest and
Redemption Fund ", which fund is hereby created and all taxes
collected for the payment of the principal and interest on said
bonds shall be paid into said fund and said fund shall be used
for the payment of the sums to bedome due for the principal and
interest on said bonds and for no other purpose.
SECTION 5. The said bonds herein provided for shallbe
known and designated as "Sewer Construction Ponds," and the pro-
coeds from the sale thereof shall be placed in the treasury of
said city to the credit of a fund to be known as "Sewer Con-
struction Fund," and the same shall be applied exclusively for
the purpose for which said bonds were issued.
SECTION 6. That the City Clerk of the City of Anaheim
be, and he is hereby authorized and directed to publish for two
weeks in the Anaheim Gazette, a weekly newspaper of general
circulation, published, printed and circulated in said city, a
Sewer
notice inviting proposals to purchase the r Construct ion Ponds"
of the City of Anaheim, ordered issued under and by virtue of
this resolution, which said notice shall be in the following form:
NOTICE OF SALE OF "SEWER CnNSTRUCTION PONDS" OF THE CITY OF ANAHE7
Not ice is hereby given that the Poard of Trustees of
the City of Anaheim, California, will receive sealed bids or
proposals up to eight o'clock P. M. of Thursday, the 12th day of
April, 1923, to purchase bonds of the ^ity of Anaheim, ordered
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issued under and by virtue of the provisions of a certain
resolution of the Board of Trustees of the City of Anaheim, en-
titled "A resolution providing for the issuance and redemption of
bonds of the City of Anaheim in the sum of One Hundred Sixty
Thousand 0180,000.00) Dollars for the purpose of the acquisition,
construction and completion by the City of Anaheim of a certain
municipal improvement, to-wit: an outfall seiner, together with all
necessary rights of way upon which to construct and the construc-
tion of an. outfall sewer pipe line, including the acquisition of
all necessary pipe and the payment of the cost and expense of in-
stalling said sewer pipe line, in accordance with and as authoriz-
ed by a special election held in said City on the 4th day of
April, 1922," passed and adopted by the Board of Trustees of
said city on the 15th day of March, 1923, in the sum of One Hundred
Sixt)a Thousand (f150,000.00) Dollars.
Said bonds are negotiable in form and are designated
as follows: "Sewer Construction Bonds."
Said Sewer Construction Ponds are one hundred sixty
in number, and are of the denomination of One Thousand Dollars
each, and are numbered consecutively from one to one hundred
sixty, both inclusive. All of said bonds shall be dated April 15,
1923.
Said one hundred sixty bonds shall be paid in the order
of their numbers consecutively, in the following manner: Four of
said bonds shall be ?paid on the 15thday of April 1924,
and four upon the 15thday of April of each and every
yaar thereafter, together with interest on all sums unpaid at
such date until the principal and interest on all of said one
hundred sixty bonds and the money thereby represented shall have
been paid, the same being and constituting an annual payment of
the sum of Four Thousand 04,000.00) Dollars on the principal of
said bonds, which said sum is not less than one - fortieth part of
said indebtedness. Said bonds are payable at the office of the
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City Treasurer of the City of Anaheim.
All of said bonds shall draw interest at the rate of
five per cent (5 %) per annum, payable semi - annually, on the 15th
day of October and the 15thday of April of each and
every year, until said bonds, and the indebtedness represented
thereby, shall have been paid, Principal and interest on all of
said bonds is payable in gold coin of the United States.
Said bonds are issued under and pursuant to the authori
of an act of the Legislature of the State of California, entitled
"An Act authorizing the incurring of indebtedness by cities, town s,
and municipal corporations for municipal improvements, and regulat-
ing the acquisition, ccnsturction, or completion thereof," which
became a law February 25, 1901, and all acts supplementary thereto
and amendatory thereof, and in accordance with the constitution
and other laws of the said state.
Proposals or bids will be received for the purchase of
said "Sewer Construction Bonds," and the Board of Trustees of
the City of Anaheim reserves the right to reject any and all bids.
Vo proposals for said bonds will be entertained at less
than their par value, together with the accrued interest to the
date of delivery, and all bids or proposals submitted will be
construed by the Board of Trustees of said city to mean. par and
accrued interest to the date of delivery, in addition to the
premium offered, whether the bids or proposals set forth the same,
explicitly or not, and the bids will be received or considered
only for the full amount of said bonds.
Said bonds will be ready for delivery on or after the
2 0th day of April , 1923, and will be delivered at the
City Treasurer's office in the City of Anaheim, ar at any
designated place upon the payment by the purchaser of all expenses
incurred.. for the delivery and payment equivalent to a transfer
at the office of the City Treasurer in the said City of Anaheim
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all bids shall be filed with the City Clerk of the City of Anaheim,
marked "Proposals for the purchase of bonds."
With each proposal or bid must be submitted a certified
check payable to the order of the City Treasurer of the city of
Anaheim for an amount equal to five per cent of the total
amount bid, as a guarantee that the bidder will purchase and pay
for said bonds, in accordance with his proposal, if the bidd is
accepted.
The Board of Trustees of the City of Anaheim reserves
the right to reject any and all bids or proposals received and,
in its discretion, readvertise for bids.
By order of the Roard of Trustees of the City of Anaheim,
California, made at a regular meeting of said Board held on the
15th day of March, 192
Edward R. Merritt,
City Clerk of the City.of Anaheim
SECTION 7. The City Clerk of the City of Anaheim is
hereby instructed, under and pursuant to the provisions of Section
678 of the Political rode of the State of California, to forth -
with,by mail, postage prepaid, notify the state Board of Control
of the State of California, and the State Treasurer of California,
at the capital in the ^ity of Sacramento, California, of such
issuance and sale of bonds, and shall specify the purpcses for
which such bonds were voted, the amount of the total issue of such
bonds, the denomination of each bond, showing the date of issuance
and the date of maturity, and th:; rate of interest, showing when
and where payable, the assessed value of the property on which
such bonds are a lien, the total amount of other bonded indebted,
ness which is a lien upon said property, and shall, upon request,
of the State Board of Control, furnish a full description of the
proceedings leading up to such issue.
SECTION S. The City Clerk of the City of Anaheim shall
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1 certify to the passage of this resolution, and therefrom and
2 thereafter the same shall take effect and be in full force.
3 The foregoing resolution was massed and adopted by the
4 Board of Trustees of the city of Anaheim on the 15th day of
5 March, 1923, and is signed, approved and attested by me this
6 15th day of March, 1923.
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8 President of the oard of Trustees
9 of the City of Anaheim
10 Attest:
11 Clerk of the w i ty of Anaheim
12 STATE OF CALIFORNIA, }
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13 COnNTY RF ORANGE, ) so.
14 CITY OF AVAHEIM
15 I, Edward B. Merritt, City Clerk of the City of
16 Anaheim, do hereby certify that the foregoing re solution lution was
17 introduced and was passed and adopted at a regular meeting of the
18 Board of Trustees of the City of Anaheim held on the 15th of
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March, 1923, by the follcwin� vote:
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AYES, Trustees o •
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NOES, Trustees
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ABSENT AND NOT VOTING, Trustees
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And I further certify that the President of the Board
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of Trustees signed and approved said resolution on. the 15th day
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of March, 1923.
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IN WITVESS TWERECF, I have hereunto set my hand and
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affixed the official seal of the said city this 15th day of
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March, 1923;
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CitClerk of the City of Anaheim
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