Loading...
2353ORDINANCE NO. 2353 AN ORDINANCE OF THE CITY OF ANAHEIM, CALIFORNIA, PROVIDING FOR THE ISSUANCE OF MUNICIPAL IMPROVEMENT BONDS OF SAID CITY IN THE AMOUNT OF $2,300,000. WHEREAS, pursuant to Ordinance No. 1877 of the City of Anaheim, California, a special municipal election was duly and regularly held in said city on the 8th day of October, 1963, at which election there was submitted to the qualified voters of said city the following bond propositions, to wit: PROPOSITION W - WATERWORKS BOND PROPOSITION: Shall the City of Anaheim incur a bonded indebted- ness in the principal amount of $4,900,000 for the purpose of the acquisition and construction by said City of a certain municipal improvement, to wit: water storage reservoirs and access roadways, filtration plant, telemeter control building and system, utilities yard and buildings, water wells, water transmission mains, water distribution lines, pumping stations, vaults and for the foregoing, appurtenances and appurtenant works including the acquisition and improvement of any real property, easements, rights of way, pipe, pumps, valves, fittings, meters, machinery, apparatus and other property necessary therefor? PROPOSITION E - ELECTRIC BOND PROPOSITION: Shall the City of Anaheim incur a bonded indebted- ness in the principal amount of $750,000 for the acquisition and construction by said City of a certain municipal improvement, to wit: additions to, replacements of parts of, and improvements (not including repairs) of the electric works of the City of Anaheim including construction of substations, transmission lines and facilities for the transmission and distribution of electric energy and power (including the replacement of transmission lines and facilities) and including the acquisition and improvement of a utilities yard and buildings, and including the acquisition of any real property necessary therefor, and the acquisition of easements, rights of way, apparatus, equipment and other property necessary therefor? and PROPOSITION D - STORM DRAIN BOND PROPOSITION: Shall the City of Anaheim incur a bonded indebted- ness in the principal amount of $2,500,000 for the acquisition and construction by said City of a certain municipal improvement, to wit: storm drains with appurtenances and appurtenant work including the acquisition of all real property, easements, rights of way, apparatus, equipment and other property necessary therefor? PROPOSITION S - SEWER BOND PROPOSITION: Shall the City of Anaheim incur a bonded indebted- ness in the principal amount of $750,000 for the purpose of the acquisition and construction by said city of a certain municipal improvement, to wit: collecting trunk and sub -trunk sewers including the acquisition and improvement of all lands, easements, rights of way, pipe, pumps, equipment, apparatus and other property necessary therefor? WHEREAS, each of said propositions received the affirmative vote and assent of more than two-thirds of all of the qualified voters of said city voting on said propositions, and said city has heretofore issued and sold portions of said bonds in the principal amount of $6,600,000, being $3,900,000 of PROPOSITION W - WATERWORKS BONDS, $1450,000 of PROPOSITION E - ELECTRIC BONDS, $1,500,000 of PROPOSITION D - STORM DRAIN BONDS and $750,000 of PROPOSITION S - SEWER BONDS, and is now authorized to issue the balance of said bonds in the amounts and for the purposes hereinafter set forth; and WHEREAS, it is necessary and desirable to issue and sell at this time the balance of said bonds in the amounts respectively for the respective purposes stated in said propositions, to wit: Purposes stated in Bond Proposition W - WATERWORKS BONDS E - ELECTRIC BONDS D - STORM DRAIN BONDS S - SEWER BONDS Total 2. Amount of bonds to be issued and sold $1,000,000 300,000 1,000,000 0 $2,300,000 NOW, THEREFORE, the City Council of the City of Anaheim, California, DOES ORDAIN as follows: Section 1. That bonds of the City of Anaheim, California, in the principal sum of $2,300,000 be issued and sold for the purposes set forth in the bond propositions in the recitals hereof. Said bonds shall be designated MUNICIPAL IMPROVEMENT BONDS, ELECTION 1963, SERIES B, shall be all in the denomination of $5,000 each, shall be 460 in number, numbered 1 to 460, inclusive, shall be dated April 1, 1967, and shall be payable in consecutive numerical order $115,000 on April 1 in each of the years 1968 to 1987, both inclusive. Said bonds shall bear interest at a rate or rates to be hereafter fixed by resolution, but not to exceed six per cent (6%) per annum, payable annually the first year and semiannually thereafter. Said bonds and the interest thereon shall be payable in lawful money of the United States of America at the office of the City Treasurer of the City of Anaheim, California, in said city, or at any fiscal agency of said city in Los Angeles, California, or San Francisco, California, or Chicago, Illinois, or New York, New York, at the option of the holder thereof. Section 2. That the Mayor and the City Treasurer of said city are hereby authorized and directed to sign all of said bonds by their printed, lithographed or engraved facsimile signatures, and the City Clerk of said city is hereby authorized and directed to countersign said bonds and 3• to affix thereto the corporate seal of said city, and the City 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 the proceeds of the sale of said bonds (except premium, if any, and accrued interest) shall forthwith be turned over to and placed in the municipal treasury of the City of Anaheim to the credit of three funds, as follows: $1,000,000 of the proceeds of the sale of said bonds shall be placed to the credit of a fund to be known as "WATERWORKS BONDS, ELECTION 1963, CONSTRUCTION FUND," and shall be applied exclusively to the acquisition and construction of the municipal improvement described in Bond Proposition W in the recitals hereof, except as provided in Section 43628 of the Government Code; $300,000 of the proceeds of the sale of said bonds shall be placed to the credit of a fund to be known as "ELECTRIC BONDS, ELECTION 1963, CONSTRUCTION FUND," and shall be applied exclusively to the acquisition and construction of the municipal improvement described in Bond Proposition E in the recitals hereof, except as provided in Section 43628 of the Government Code; and $1,000,000 of the proceeds of the sale of said bonds shall be placed to the credit of a fund to be known as "STORM DRAIN BONDS, ELECTION 1963, CONSTRUCTION FUND," and shall be applied exclusively to the acquisition and construction of the municipal improvement described in Bond Proposition D in the recitals hereof, except as provided in Section 43628 of the Government Code. 4. Section 4. That any premium or accrued interest received from the sale of said bonds shall forthwith be turned over to and placed in said treasury in the interest and redemption fund hereinafter created. That for the purpose of paying the principal and interest of said bonds, the City Council of said city shall levy and collect annually a tax sufficient to pay the interest as it falls due and to constitute a sinking fund for payment of the principal on or before maturity. Said tax shall be in addition to all other taxes levied for municipal purposes and shall be levied and collected as other city taxes and shall forthwith be turned over and paid into a fund of the city to be known as "MUNICIPAL IMPROVEMENT BONDS, ELECTION 1963, SERIES B, INTEREST AND REDEMPTION FUND," Said fund shall be used for no other purpose than the payment of said bonds and interest thereon until said bonds and interest are fully paid. Section 5. That said bonds and the coupons for the interest thereon shall be issued in substantially the following form: 5. UNITED STATES OF AMERICA STATE OF CALIFORNIA CITY OF ANAHEIM MUNICIPAL IMPROVEMENT BOND, ELECTION 1963, SERIES B No. $5,000 The CITY OF ANAHEIM, a municipal corporation situated in the County of Orange, State of California, FOR VALUE RECEIVED, hereby acknowledges its indebted- ness and promises to pay to the bearer hereof the sum of FIVE THOUSAND DOLLARS ($5,000) on the first day of April, 19 , with interest thereon at the rate of �" per annum., interest for the first year payable at the end of said year and interest thereafter payable semiannually on the first days of October and April 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 America at the office of the City Treasurer of the City of Anaheim, California, in said city, or at any fiscal agency of said city in Los Angeles, California, or San Francisco, California, or Chicago, Illinois, or New York, New York, at the option of the holder hereof. This bond is issued by the City of Anaheim under and in pursuance of and in conformity with the Charter of said city and the provisions of Article 1, Chapter 4, Division 14, Title 4 of the Government Code of the State of California, and acts supplementary thereto, and in pursu- ance of 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 Anaheim voting at an election duly and legally called, held and conducted in said city on the 8th day of October, 1963. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions 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 per- formed in due time, form and manner as required 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 Charter of said city or the laws or Constitution of the State of California. 6. IN WITNESS WHEREOF, said City of Anaheim has caused this bond to be signed by the Mayor and the City Treasurer of said city by their facsimile signatures, countersigned by the City Clerk of said city and sealed with the corporate seal of said city, and the interest coupons hereto attached to be signed by the City Treasurer by his facsimile signature, and has caused this bond to be dated the first day of April, 1967. (facsimile signature) Mayor of e City or Anaheim, California (facsimile signature) City Treasurer or the City o Anaheim, California COUNTERSIGNED: City Clerk of the City o Anaheim, California (SEAL) (COUPON FORM) On the first day of the CITY OF ANAHEIM, California, will pay to the bearer, at the office of the City Treasurer of said city, in said city, or at any fiscal agency of said city in Los Angeles, California, or San Francisco, California, or Chicago, Illinois, or New York, New York, at the option the holder hereof, the sum of in lawful money of the United States of America, being the interest then due on its Municipal Improvement Bond, Election 1963, Series B, Dated April 1, 1967 facsimile signature) City Treasurer or the City o Anaheim, California 7. No. Substantially the following provisions for registration shall be printed on the reverse side of each bond: PROVISIONS FOR REGISTRATION This bond may be registered in the name of any person as the registered owner hereof, either as to principal only or as to both principal and interest, and, if registered in either of said forms may be changed to registration in the other of said forms or discharged from registration. Each registration, transfer after registration, change of form of registration, or discharge from registration of this bond shall be entered by the City Treasurer in books kept by him for the purpose and noted by him in the registration blank below. Registration as to principal only shall not affect the negotiability by delivery of the coupons per- taining hereto. Upon registration as to both prin- cipal and interest, all unmatured coupons pertaining hereto shall be surrendered to the Treasurer and may be preserved or cancelled in his discretion. So long as this bond is registered no transfer hereof shall be valid for any purpose unless made by the registered owner and entered and noted as herein provided, and the principal hereof and any redemption premium shall be payable only to the registered owner, or to his order. Interest on this bond, if registered as to both principal and interest, shall be payable to the person whose name appears upon the registry books as the registered owner hereof at the close of business on the tenth day preceding the interest payment date, or to his order. If this bond is registered as to both prin- cipal and interest and its registration is changed to registration as to principal only, or if it is dischargdd from registration, there shall be attached hereto coupons representing interest hereon to become due thereafter to the date of maturity hereof. In lieu thereof, and upon surrender and cancellation hereof, the Treasurer in his discretion may issue in exchange therefor a new bond, with such coupons attached, identical with this bond, except for the previous notations on the registra- tion blank hereon, and except that the signatures on the new bond shall be those of the persons hold- ing the offices at the time of affixing such signatures. The issuance of any such new bond or new coupons shall be at the expense of the registered owner. Each discharge hereof from registration shall be effected by an entry on the registry books, and a notation in the blank below, that this bond is payable to bearer, whereupon this bond shall become an unregistered bearer instrument, negotiable by delivery as if it had never been registered. Each request for registration, transfer, change or discharge must be in form satisfactory to the Treasurer and must be made in writing, signed by the registered owner, or by his agent duly authorized in writing, or by the bearer, as the case may be. Date of In Whose Name Manner of Signature of Registration Registered Registration City Treasurer Section 6. 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, and shall cause this ordinance to be published once in the ANAHEIM BULLETIN, a newspaper of general circulation in said city. Section 7. This ordinance shall take effect thirty (30) days from the date of its passage. ADOPTED, SIGNED AND APPROVED this 14th day of February 1967. ATTEST: 1 odt y Clerk of the City of Anaheim, California (SEAL) OR California STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DEME M. WILLIAMS , City Clerk of the City of ANAHPIM , a orn a, DO HEREBY CERTIFY that the forego ng or inance was introduced and read at a --- regular meeting of the City Council duly held on the 7th day of February.�.. , 19 67 , and thereafter at a --- regular meeting of said City Council day held on the 14th day of FebrNaXy - 19 67 , was reread, duly passed and aZc opFed by said City Council and signed and approved 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: AYES: Councilmen Pebley, Schutte, Chandler. and Krein NOES: Councilmen None ABSENT: Councilmen Dutton yClerk o e y o (SEAL) Anaheim, California I, DENS M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance is the original Ordinance No. 2353 and was published once in the Anaheim Bulletin on the 20th day of February, 1967. City Clerk