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05/25/1922-046i 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 3 2. IN THE BOARD OF TRUSTEES OF THE CITY OF ANAHEIM. IN THE MATTER OF INCURRING BONDED DEBTS BY THE CITY OF ANAHEIM FOR THE FOLLOWING PURPOSES: THE ACQUISITION, CONSTRUCTION AND COMPLE -' TION BY THE CITY OF ANAHEI t JOINTLY WITH THE CITY OF SANTA ANA, OF A JOINT OUTFALL SEWER; AND THE ACQUISITION, CONSTRUCTION AND COMPLETION BY THE CITY OF ANAHEIM OF AN OUTFALL SEWER. A RESOLUTION PROVIDING FOR THE ISSUANCE AND REDEMPTION OF BO'FD, OF THE CITY OF ANAHEIM IN THE SUM OF EIGHTY THOUSAND DOLLARS ($80,000.00) FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION AND COMPLETIOU BY THE CITY OF ANAHEIM, JOINTLY WITH THE CITY OF SANTA MA: A MUNICIPAL CORPORATICU 9 OF A CERTAIN MUNICIPAL IMPROVEMENT, TO -WIT, A JOINT OUTFALL SEWER, CONSISTING OF A SEWER TREATMENT SITE UPON WHICH TO CONSTRUCT AND THE CONSTRUCTION OF A SEWER TREATMENT PLANT, INCLUDING ALL NECESSARY. * STRUCTURES, APPARATUS, APPLIANCES, MACHINERY, AND EQUIPMENT FOR THE HECEPTIOU OF AND FOR THE PROPER, SUFFICIENT AND SCIENTIFIC TREATMENT OF SEWAGE, TOGETHER WITH ALL NECESSARY RIGHTS OF WAY UPON WHICH TD CONSTRUCT AND THE CONSTRUC- 'TI09 OF AN OUTFALL SEWER PIPE LINE, INCLUDING THE ACQUISITION OF ALL NECESSARY PIPE AND THE PAYMENT OF THE COST AND MEN SE OF IN- STALLING SAID SEWER TREATMENT PLANT AND SEWER PIPE LINE; IN AC- CORDANCE WITH AND AS AUTHORIZED BY A SPECIAL ELECTION HELD IN SAID CITY ON THE 4TH DAY OF APRIL, 1922. WHEF21AS6 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 determinjAX, that the public interest, and also the public necessity, of said City of Anaheim, demanded the acquisition, constriction, and completion by the City of Anaheim, jointly with the City of Santa Ana, a mun- icipal corporation, of a certain municipal improvement, to -wit, a joint outfall sewer, consisting of a sewer treatment site upon which to constradt and the construction of a sewer treatment plant including all necessary structures, apparatus, appliances, machin- ery, and equipment for the reception of and for the proper saff ent and scientific treatment of sewage, together with all neces rights of way upon which to construct and the construction of an o atfall sewer pipe line, including the acquisition of all necess» ary pipe and the payment of the cost and expense of installing sal sewer treatment plant and sewer pipe line-, The cost of the acquisition, construction, and completion of whole of said described municipal improvement,rw_" estimated " 1 - i I J � I 1 to be Two hundred and forty thousand dollars ($240,000.00) and 2 the portion thereof to be paid by the City of Anaheim was a stim- 3 ated at Eighty thousand dollars ($80,000.00), which said cost was 4 and is too great to be paid out of the ordinary annual income and 5 revenue of the City of Anaheim, and 6 AREAS, the president of the Board of Trustees of said city, 7 who is the executive of said municipality, did, on the 21st day 8 of January, 1922, duly and legally approve said resolution of said 9 Board of Trustees; and 10 WHEREAS the said Board of Trustees of said City of Anaheim did 11 thereafter, at its meeting held on the 23rd day of Febraary, 1922, 12 by a vote of more than two- thirds of all its members, duly pass 13 and adopt an ordinance calling and ordering a special election in 14 the said City of Anaheim, to be held on the 4th day of April, 192 15 for the purpose of submitting to the qualified electors of said 16 city, the following proposition for incurring a bonded indebted. 17 ness by said city, to -wit; 18 A proposition to incur a bonded debt by the City of Anaheim to 19 the amount of Eighty. Thousand Dollars ( 80, 000.00) for the acquis 20 ition, construction, and completion by the City of Anaheim, Joint - 21 ly with the City of Santa Ana, a municipal corporation, of a cer 22 tain municipal improvement, to -wit, a Joint outfall sewer, con - 23 silting of a sewer treatment site upon which to construct and the 1 24 construction of a sewer treatment plant, including all necessary 25 structures, apparatus, appliances, machinery and equipment for thf 26 reception of and for the proper sufficient and scientific treat. 27 ment of sewage, together with all necessary rights o way upon 28 which to construct and the construction of an outfall sewer pipe 29 line, including the acquisition of all necessary pipe and the pay 30 ment of the cost and expense of installing said sewer treatment 31 plant and sewer pipe line. 32 3 .. 2 .. 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 Said ordinance is numbered 416, and had theretofore been duly introduced at a regular adjourned meeting of the said Board of Trustees held on the 17th day of February, 1922, and said ordin- ance was duly approved by the president of the Board of Trustees of the said City, who was the executive of said municipality, on the 23rd day of February, A. D. 1922, and WHEREAS* said ordinance was duly published once a day for at � least seven days in the "Anaheim Daily Herald," a newspaper pub- lished at least six days a week in laid city of Anaheim, and in its regular issues of March 3rd, 1922, March 4th, 1922, Burch 6th, 1922, March 7th, 1922, March 8th, 1922, March 9th, 1922 March loth, 1922, March 11th, 1922, and March 13th, 1922, and MREAS, at said special election more than two- thirds of t qualified eleetore of said city voting at said special election, voted in favor of the proposition aforesaid, and for the incurr- ing of all of said bonded debt as aforesaid, and WHEREAS, all and singular the provisions of an act of the Legislature of the State of California; entitled, "An act author- izing the incurring of indebtedness by cities, towns and municipal corporations for municipal improvements, and regulating the ac- quisitions construction or completion thereof," which became a law on the 25th day of February, 1901 and all acts supplementary thereto and amendatory thereof* and the law and the ordinances of said city have been fully complied with so as to authorize the issuance of said bonds; The Board of Trustees of the City of Anaheim do resolve as follows SECTICK 1. That bonds of the City of Anaheim in the am of Eighty thousand dollars ($80,000.00)9 be issued in accordance with the provisions of an Act of the Legislature of the State o California., entitled, "An act authorizing the incurring of in. 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 debtedness by cities, towns, and municipal corporations for mun- icipal improvements, and regulating the acquisition, construction or completion thereof," which became a law Februaxy 25th, 1901, and all acts supplementary thereto and amendatory thereof, and with the ordinance of said city. That said bonds shall be negotiable in form and shall be eight (80) in nuffiber, all of which shall be of the denomination of one thoasand dollars (1,000.00) each, and shall be numbered consecu- tively from one (1) to eighty (80), both inclusive. Two of said bonds shall be paid on the let day of June, 19239 and two upon the let day of June, of each and every year there- after at the office of the city treasurer of said city, together with interest on all sums unpaid at such date until the princi.. pal and interest cm all of said eighty (80) bonds and the money thereby represented shall have been paid, the same being and con stituting an annual payment of the sum of two thousand dollars (2,000„00) on the principal of said bonds, which said sum is not less than one - .fortieth part of said indebtedness. SECTI(U 2. Said bonds shall be substantially in the follow- ins form, to -wit: Bond 4"r" 8- 9s-......... United States of America, State of California, City of Anaheim. (Mature of Bond), n �� Anaheim, California, x1922. on the day o f A. D. , the City of ,Anaheim* a municipal corporation incorporated under the laws of the State of California, will pay to the bearer, at the office of the City Treasurer of said City of Anaheim, in the said City of Anaheim, the sum of dollars, with into rest the neon et the rate of `ors per cent per annum froll 4 - ^ 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 the date hereof, payable semi - annually on the 1st day of December, and the lst day of dune, of each year that this bond is to ran, upon the presentation and surrender of the interest coupons here- to attached. Principal and interest payable in Gold Coin of the United States of America. This bond is issued in pursuance of the provisions of an Act of the legislature of the State of California, entitled, "An act authorizing the incurring of indebtedness by cities, towns, and municipal corporations for municipal improvements, and regulat- ing the acquisition, construction, e colpection thereof, " which became a law February 25th, 1901, and all acts supplementary the to and amendatory thereof. It is further certified that all the requirements of law and of the. ordinances of the City of Anaheim have been fully complie with by the proper officers for the issuing of this bond; that this issue of bonds has been authorized by the vote of two -third of all vottre on zne queBuivu vy a x- tion 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 ag- gregate exceed fifteen per cent of the assessed value of all the real and personal property of the said City of Anaheim, nor does it exceed the limit prescribed by the constitution and laws of the State of California. That before or at the time of incurring the indebtedness ev deuced 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 fun for the payment of the principal thereof on or before maturity. IN WITNESS WHEREOF, the said City of Anaheim has caused thi 32 11 - 5 - 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 bond to be signed by the executive of said municipality, to -wit: the president of the Board of Trustees of said City of Anaheim, and also by the treasurer of said city, and to be countersigned 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 the Board of Trustees of the City of Anaheim. ................•.............. Treasurer of the City of Anaheim. Co antersigned: . / . . . . . . . . . . . . . . . . . . . . . . • . . . • . . . . . City Clerk of the City of Ana- heim. mh i;�t interest coupons shall be attached to each of said eighty bonds, representing each installment of interest to aecrae 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 -grit: - 6 - 1 11 No.. .............. Gaunt of Bond). 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 on the day of (month of ma- turity). A. D. ............,(year of maturity), the city of Ana - heim promises to pay to the bearer at the office of the city trews' arer of the city of Anaheim the sum of in gold coin of the United States of America, the semi- annaal interest due of.... ....... (nature of bond). No (no. of bond to which coupon is attached). SECTIOI4 36 That the president of the Board of Trustees of the city of Anaheim$ being the executive of the municipality, and the city treasurer of said city are hereby aathori.zed and direct- ed to sign all the bonds nerein provided for and the city clerk of said city is hereby authorized and directed to countersign the same &Ud affix the corporate seal of the city of Anaheim thereto, and the city treasurer of said city is hereby authorized and dir- ected to sign the interest coupons of said bonds by having his name printed or lithographed thereon; and said bonds sh 11 be de- 1 vered by sai clerk to said city treasurer in amaant SECTION 4. For the purpose of paying the principal and in- terest of said bonds, the Board of Trustees of the City of Ana. helm shall at the time of fixing the general tax levy and in the manner for such general tax levy provided, levy and collect for the ooze fund f hereinafter provided for$ annually, eaoh year, antil 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 swam 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 be- come dae before the time for fixing the next general tax levy. - 11 . 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 43 2 Said taxes shall be in addition to all other taxes levied for icipal 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 funn.d# for which the same was levied and collected; The taxes so collected for the payment of the principal and interest of said eighty bonds shall be paid into a fund to be known and designated as "Anaheim Joint power, Interest and Re de Lion 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 pay- ment of the sums to become due for the principal and interest on said bonds and for no other purpo se . SEC TICK 6 • The said bonds herein provided for shall be knWM and designated as "Joint Sewer Construction Bonds," and the pro- ceeds from the sale thereof shall be placed in the treasury of said city to the credit of a fund to be known as "Joint Sewer Construction Fund," and the same shall be applied exclusively for the purpose for which said bonds were issued. SECTION 60 That the City Clerk of the City of Anaheim be, and he is hereb y authorized and directed to publish t / ten days in the orange County Plain Dealer, a daily newspaper of general circulation, published, printed and circulated in said city, a notice inviting proposals to purchase the "Joint Sewer Constra.c- tion Bonds,' 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 "JOINT SUER CONSTRUCTICK BONDS," OF TEES CITY OF ANASEIMO yotice is hereby given that the Board of Trustees of the City of Anaheim, California, will receive sealed bids or propos- als up to eight o'clock p, M, of Thursday, the Sth day of Jane, g It i 1 1922 to purchase bonds of the City of Anaheim, ordered issued un- 2 der and by virtue of the provisions of a certain resolution of the 3 Board of Trustees of the City of Anaheim, entitled; 4 "A resolution providing for the issuance and redemption of bond 5 of the City of Anaheim in the sum of Eighty Thousand Dollars 6 (8(),000.00) for the purpose of the acquisition, construction, 7 and completion by the City of Anaheim, jointly with the City of 8 Santa Ana, a municipal 'corporation of a certain municipal improve - 9 meat, to -wit, a joint outfall sewer, consisting of a sewer treat - 10 merit site upon which to construct and the construction of a sewer 11 treatment plant, including all necessary structures, apparatus, 12 appliances, machinery, and equipment for the reception of and for 13 the proper sufficient and scientific treatment of sewage, together 14 with all necessary rights of way upon which to construct and the 15 construction of an outfall sewer pipe line, including the acquisi- 16 tion of all necessary pipe and the payment of the cost and expense 17 of installing said sewer treatment plant and sewer pipe line; 18 All in accordance with and as authorized by a special electiol 19 held in said city on the 4th day of April, 1922," passed and adop• 20 ted b y the Board of Trustees of said City on the day of 21 , 1922, in the sum of Eighty Thousand Dollars (80 9 000.00). 22 Said bonds are negotiable in form and are designated as fol- 23 laws; "Joint Sewer Construction Bonds," 24 Said Joint Sewer Construction Bonds are eighty (80) in number 25 and are of the denomination of one Thousand Dollars (1 26 each., and are numbered consecutively from one to eighty, both 27 inclusive. 28 Said eighty bonds shall be paid in the order of their number, 29 consecutively, in the following manner: Two of said bonds shall 30 be paid on the 1st day of June, 1923, and two upon the lst day 31 ; of June of each and every year thereafter, together with interest 9 - y 4 ' 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 28 27 28 29 30 31 32 on all sums unpaid at such date anti 1 the principal and interest on all of said eighty bonds and the money thereby represented eb have been paid, the same being and constituting an annual payment Of the suffi of Two Tho asand Dollars ( 2, 004.00) 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 City Treasarer 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 let day of December, and the lot day of June 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 pay- able in gold coin of the United States. Said bonds,_Are issued under and pursuant to the authority of ac act of the Legislature of the State of California, entitled, "An act authorizing the ine.arring of indebtedness by cities, towns, and municipal corporations for municipal improvements: and regulating the acquisition, constriction, or completion thereof," which became a law February 25th, 1941, and all acts supplementary thereto and amendatory thereof, and in accordance with the con tution and other laws of the said state. Proposals or bids will be received for the purchase of said "Joint Sewer Construction Bonds," and the Board of Trustees of the City of Anaheim reserves the right to reject any and all bids No proposals for said bonds will be entertained at less than their par value, together with the accrued interestto 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 of- fered, whether the bids or proposals set forth the same, explic- itly, or not, and the bids will be received or considered only for the full amount of said bonds: 10- 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 a . It Said bonds will be ready for delivery on or after the day of June, 1922 and will be delivered at the City Treasurer's office in the City of Anaheim, or 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, 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 (5 %) of the total amount bid, as a guarantee that the bidder will purchase and pay for said bond in accordance with his proposal, if the bid is accepted. The Board of Trustees of the City of Anaheim reserves the right to reject any and all bids or proposals received end, in its discretion, readvertise for bids. By order of the Board of Trustees of the City of Anaheim, California, made at a regular meeting of said Board held on the 18th day of Flay, 19229 EDWARD B. ]MERRI TT. City Clerk of the City of Anaheim. SECTION 7, The City Clerk of the City of Anaheim, is here- by instructed, under and pursuant to the provisions of Section 678 of the Political Code of the State of California, to forth- with by mail, postage prepaid, notify the State Board of Con- trol of the State of California, and the State Treasurer of Cal- ifornia, at the capitol in the City of Sacramento, California, of such issuance and sale of bonds, and shall specify the purpos.. es for which such bonds were voted, the amount of the total issue of such bonds, the denomination of each bond, showing the date 11 - , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 !9 20 21 22 23 24 25 26 27 28 29 30 31 32 W v of issaance and the date of maturity, and the rate of interest, showing when and where payable, the assessed value of the proper- ty on which sack bonds are a lien, the total amount of other bond- ed indebtedness which is a lien upon said property, and shall, upon request of the State Board of Control, furnish a full des- cription of the proceedings leading up to such issue. SECTION 8. The City Clerk of the City of Anaheim shall certi- fy to the passage of this resolution, and therefrom and thereaf- ter the same shall take effect and be in full force. The foregoing resolution was passed and adopted by the Board of Trustees of the City of Anaheim on the,, day of May, 1922, and is signed, approved and attested by me this, day of day, 1922. J!�L.n President of the Board of Trus- tees of the City of Anaheim* Attests City Clerk of the City of Anaheim. I - 12 - i, is x 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 2 I STATE OF CALIFORNIA, COUNTY OF ORANGE, SS. CITY OF ANAHEIM- . �6 NAHEIM- �6 I, Edward B. Merritt, City Clerk of the City of Anaheim, dt hereby certify that the foregoing resolution was introduced and was passed and adopted at a regular meeting of the Board of Trustees of the City of Anaheim held on the day of , D. 1922, by the following vote AYES, Trustee s NOES # Trustees — ABSENT AND NOT VOTING, Trustees AND I FURTHER CERTIFY THAT the President of the Board of z s`t: 7 ern - Trustees. signed said resolution on the,., day of -Apes A. D. 1922. IN WITNESS WHEREOF I have hereunto get my hand and affixed z 6 " n-� the official goal of the said city this, day of - 1, A. D. 1922. City Clerk of e City Of An� afi pia. - 13 -