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HomeMy WebLinkAboutReso 2897-1959RESOLUTION NO. 2897 RESOLUTION AUTHORIZING SALE OF BONDS OF PAI~ING DISTRICT NO. 1 oF Tl~ CITY OF SOUTH SAN FRANCISCO, SERIES A WHEREAS, the City Council of the City of South San Francisco did, on the 16th day of November, 1959, pass its Resolution No. 2896 entitled, "RESOLUTION OF THE COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AUTHORIZING THE ISSUANCE OF BONDS IN PARKING DISTRICT NO. 1 OF THE CITY OF SOUTH SAN FRANCISCO, IN THE SUM OF $405,000 PRINCIPAL AMOUNT OF SERIES A BONDS, PROVIDING THE TERMS AND CONDITIONS FOR ISSUANCE OF SAID BONDS, AND PROVID- ING FOR THE PLEDGE OF PARKING REVENUES AND THE LEVY OF AD VALOREM ASSESSMENTS IN PARKING DISTRICT NO. 1 OF THE CITY TO SECURE PAYMENT OF THE PRINCIPAL AND INTEREST THEREOF"; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the bonds to be issued under said Resolution No. 2896 shall be offered for sale on December 7, 1959, and the City Clerk of the City of South San Francisco is hereby directed to publish Notice of Sale three (3) consecutive times in the SOUTH SAN FRANCISCO ENTERPRISE-JOURNAL, a weekly newspaper of general circulation printed and published in the City of South San Francisco, the first of which publications shall be not later than November 19, 1959. Notice shall be in accordance with the Notice of Sale attached to this Resolution, which said Notice, by this reference, is incorporated herein and made a part hereof. The City Treasurer will deliver said bonds upon receipt of the purchase price and will credit the proceeds as provided for in Resolution No. 2896. I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the City Council of the City of South San Francisco, San Mateo County, California, at a regular meeting thereof, held on the 16th day of November, 1959, by the following vote, to wit: AYES, Councilmen Andrew Rocca, G. J. Rozzi, Emilio Cortesi, Leo J. Ryan and NOES, None ABSENT, None Patrick E. Ahern ATTEST: ARTHUR A. RODONDI, City Clerk of the City of South San Francis co, San Mateo County, California RESOLUTION NO. 2897 (CONTINUED): OFFICIAL NOTICE OF SALE BONDS OF PAI~ING DISTRICT NO. 1 OF THE CITY OF SOUTH SAN FRANCISCO, SERIES A NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City Council of the City of South San Francisco, California, at its chambers in the City Hall, South San Francisco, California, which City' Hall~is located on Grand Avenue in South San Francisco, California, on December 7, 1959, at the hour of 8:00 P.M. (Pacific Standard Time) for the purchase of $405,000.00 principal amount of bonds of said City, designated "Bonds of Parking District No. 1 of the City of South San Francisco, Series A". These bonds are authorized to be issued under the provisions of Resolution No. 2896 and the Parking District Law of 1951 of the State of California. The bonds are more particularly described in said Resolution No. 2896, which is incorporated herein by reference, and a copy of said Resolution will be furnished to any interested bidder upon request. The bonds authorized to be issued by said Resolution No. 2896 were authorized to be sold by Resolution No. 2897 of the City Council of the City of South San Francisco, passed on the 16th day of November, 1959, which Resolution is also incorporated herein by reference, and a copy of said Resolution will be furnished to any interested bidder upon request. MATURITIES: Said Series A bonds will be dated December 1, 1959, shall be issued in the denomination of $1,000.00, and shall be of the numbers, total amounts and mature on July 1 in each year in consecutive numerical order from lower to higher (each bond to mature for its full face amount and not for any fraction thereof) as follows, to wit: Bond Numbers (All numbers inclusive and bearing Prefix "A") Principal Amount Maturity Date (July l) 1 to 5 $5,000 1960 6 to 10 5,000 1961 11 to 15 5,000 1962 16 to 20 5,000 1963 21 to 25 5,000 1964 26 to 35 10,000 1965 36 to 45 10,000 1966 46 to 55 10,000 1967 56 to 65 10,000 1968 66 to 75 10,000 1969 76 to 85 10,000 1970 86 to 100 15,000 1971 101 to 115 15,000 1972 116 to 130 15,000 1973 131 to 145 15,000 1974 146 to 165 20,000 1975 166 to 185 20,000 1976 186 to 205 20,000 1977 206 to 230 25,000 1978 231 to 255 25,000 1979 256 to 280 25,000 1980 281 to 310 30,000 1981 311 to 340 30,000 1982 341 to 370 30,000 1983 371 to 405 35,000 1984 INTEREST RATE: The Series A Bonds shall bear interest at such rate or rates, not exceeding six per cent (6%) per annum, as may be prescribed by the Council at the time of the sale of said Bonds and set forth in a Supplemental Resolution of the Council. Such interest shall be evidenced by cOupons attached to each Bond, and each of said coupons (except the first coupon) shall represent six months' interest on the Bond to which it is attached. Interest will be payable semi-annually on the first days of Jan- uary and July of each year. The first interest coupon shall represent interest from December 1, 1959, to January 1, 1960. Bidders must specify the rate of interest which the bonds hereby offered for sale shall bear, but such interest rates shall be in multiples of 1/8 or 1/20 of 1% per annum. Bidders wXll be permitted to bid different rates of interest and to split rates irrespective of the maturities of the bonds~ but if more than one rate of interest is specified in the bid, the difference between the low and high rate of interest shall not exceed 13%. '~ PURPOSE OF ISSUE: Said bonds are authorized to be issued by the City Council by Resolution No. 2896 pursuant to proceedinKs had and taken by th~ ~4ev r~.n. 41 ~ by said Resolution No. 2896 were authorized to be sold by Resolution No. 2897 of the City Council of the City of South San Francisco, passed on the 16th day of November, 1959, which Resolution is also incorporated herein by reference, and a copy of said Resolution will be furnished to any interested bidder upon request. MATURITIES: Said Series A bonds will be dated December 1, 1959, shall be issued in the denomination of $1,000.00, and shall be of the numbers, total amounts and mature on July 1 in each year in consecutive numerical order from lower to higher (each bond to mature for its full face amount and not for any fraction thereof) as follows, to wit: Bond Numbers (Ail numbers inclusive and bearing Prefix Principal Amount Maturity Date (July l) 1 to 5 $5,000 1960 6 to 10 5,000 1961 11 to 15 5,000 1962 16 to 20 5,000 1963 21 to 25 5,000 1964 26 to 35 10,000 1965 36 to 45 10,000 1966 46 to 55 10,000 1967 56 to 65 10,000 1968 66 to 75 10,000 1969 76 to 85 10,000 1970 86 to 100 15,000 1971 101 to 115 15,000 1972 116 to 130 15,000 1973 131 to 145 15,000 1974 146 to 165 20,000 1975 166 to 185 20,000 1976 186 to 205 20,000 1977 206 to 230 25,000 1978 231 to 255 25,000 1979 256 to 280 25,000 1980 281 to 310 30,000 1981 311 to 340 30,000 1982 341 to 370 30,000 1983 371 to 405 35,000 1984 INTEREST RATE: The Series A Bonds shall bear interest at such rate or rates, not exceeding six per cent (6%) per annum, as may be prescribed by the Council at the time of the sale of said Bonds and set forth in a Supplemental Resolution of the Council. Such interest shall be evidenced by cOupons attached to each Bond, and each of said coupons (except the first coupon) shall represent six months' interest on the Bond to which it is attached. Interest will be payable semi-annually on the first days of Jan- uary and July of each year. The first interest coupon shall represent interest from December 1, 1959, to January 1, 1960. Bidders must specify the rate of interest which the bonds hereby offered for sale shall bear, but such interest rates shall be in multiples of 1/8 or 1/20 of 1% per annum. Bidders will be permitted to bid different rates of interest and to split rates irrespective of the maturities of the bonds~ but if more than one rate of interest is specified in the bid, the difference between the low and high rate of interest shall not exceed 13%. PURPOSE OF ISSUE: Said bonds are authorized to be issued by the City Council by Resolution No. 2896 pursuant to proceedings had and taken by the City Council of the City of South San Francisco under the provisions of the Parking District Law of 1951 of the State of California to form a district in the City of South San Francisco and to issue.bonds to pay the cost and expenses thereof for the purpose of acquiring and improving parking places by grading, paving, lighting, meters and otherwise making said places suitable for parking of motor, vehicles in the central business district of the City of South San Francisco. The district is designated as "Parking District No. 1, City of South San Francisco", and reference for all details is made to the pro- ceedings for the formation and establishment of said district. PAYMENT: Both the principal and interest are payable in lawful money of the United States at the office of the City Treasurer, City Hall, South San Francisco, California, or at the option of the holder of bond at the office of any paying agent of the City in the Borough of Manhattan, City of New York, State of New York or in the City of Chicago, State of Illinois, or in the City and County of San Francisco, State of California, or at any other office or agency in any other city or cities where the City of South San Francisco shall establish a paying agency. REGISTRATION: Coupon bonds will be issued by the City. able as to principal and interest. Such bonds are register- CALLABLE BONDS: Series A bonds Nos. A1 to A255, both inclusive, maturing on or prior to July 1, 1979, are not redeemable prior to their fixed maturity dates. Series A Bonds Nos. A256 to A405, both inclusive, maturing on or after July 1, 1980, are redeemable at the option of the City on July 1, 1971, but not prior thereto, and on any interest payment date thereafter prior to maturity, as a whole or in part in RESOLUTION NO. 2897 (CONTINUED): inverse numerical order from higher to lower from funds derived by the City from any source at the principal amount thereof and accrued interest to date of redemption plus a premium as set forth in Column 3 below, as follows: COLUMN 1 COLUMN 2 COLUMN 3 Bonds redeemed on or after.July 1 And prior to July 1 Premium 1971 1972 5% 1972 1973 4-1/2 1973 1974 4 1974 1975 3~1/2 1975 1976 3-1/4 1976 1977 3 1977 1978 2-3/4 1978 1979 2-1/2 1979 1980 2-1/4 1980 1981 2 1981 1982 1 1982 1983 1/2 of 1 1983 Maturity None The City has also pledged in said Resolution No. 2896, hereinabove referred to, to establish a sinking fund to which deposits shal.1 be made for the purpose of redeeming said Series A bonds which may be called as hereinabove described. The City may also from time to time purchase any or all of said outstanding bonds at not to exceed the sum required to be paid in the event of redemption by call. All bonds purchased or called shall be cancelled and shall not again be reissued. AUTHORITY FOR ISSUANCE: Said bonds were authorized to be issued by Resolution No. 2896 of the City Council of the City of South San Francisco, adopted by said City Council on the 16th day of November, 1959, and authorized to be sold by Resolution No. 2897 of the City Council of the City of South San Francisco, adopted by said City Council on the 16th day of November, 1959. Ail of the proceedings leading up to the passage of said Resolutions were had and taken pursuant to the authority of the Parking District Law of 1951 of the State of California. SECURITY: Said bonds are payable exclusively from the revenues as set forth in said Resolution No. 2896. The City Council has the power and is obligated, annually at the time of levying City taxes, to levy a special ad valorem assessment upon all the taxable real property within Parking District No. I (Central business district) at a rate per $100 of assessed valuation, as shown on the last equalized City assessment ro11, suf- ficient, after deducting funds estimated to become available from the revenues as set forth in the said Resolution No. 2896, to pay the principal of and interest on said bonds before the proceeds of another such levy shall be available therefor. The obligation to make said levy is limited to 50~ per each $100 of assessed valuation on taxable real property within the boundaries of the district, as to rate, and to 31 years from the date of the bonds, as to time. PLEDGE: All of the annual net revenues of the on and off-street parking facil- ities in Parking District No. 1 of said City have been allocated and pledged to the pay- ment of said bonds and of the interest to accrue thereon. In addition thereto, the City has agreed to establish a reserve fund of $27,500.00 out of the proceeds of the bonds to be sold. In addition thereto, the sum of $1,800.00 is to be added thereto each year until the total reserve fund shall amount to $36,500.00, at which figure said reserve fund is to be maintained throughout the life of the bond issue. TAX EXEMPT STATUS: In the event that prior to the delivery of the bonds, the income received by private holders from bonds of the same type and character shall be declared to be taxable under any Federal Income Tax Laws, either by the terms of such laws or by ruling of a Federal Income Tax authority or official which is followed by the Internal Revenue Service, or by decision of any Federal Court, the successful bidder.may, at his option, prior to the tender of said bonds by the City, be re,eyed of his obliga- tion under the contract to purchase the bonds and in such case the deposit accompanying the bid will be returned. LEGAL OPINION: The legal opinion of Orrick, Dahlquist, Herrington & Sutcliffe, 405 Montgomery Street, San Francisco, California, and Sturgis, Den-Dulk, .Douglass & Anderson, 1322 Webster Street, Oakland, California, approving the validity of said bonds will be furnished to the successful bidder without charge. HIGHEST BID: The bonds will be awarded to the highest bidder considering the interest rate or rates specified and the premium offered, if any. The highest bid will be determined by deducting the amount of the premium bid (if,any) from the total amount of interest which the City would be required to pay from the date of the bonds to their res- pective maturity dates at the coupon rate or rates specified in the.bid, and the award will be made on the basis of the lowest net interest on the bonds up to the date of deliv- ery. The cost of printing the bonds will be borne by the City. RIGHT OF REJECTION: The City reserves the right in its discretion,~to reject any and all bids and to waive any irregularity or informality in any bid. PROMPT AWARD: The City Council will take.action awarding the bonds or reject- ing all bids not later than twenty-six (26) hours after the expiration of the time herein prescribed for the receipt of proposals; provided that the award may be made after the expiration of the specified time if the bidder shall not have given to the City Council notice in writing of the withdrawal of such proposal. PROMPT DELIVERY: Delivery of the bonds will be made to the successful bidder at the office of the City Treasurer, City Hall, South San Francisco, California, as soon as the bonds can be prepared, which it is estimated will be within,forty-five (45) days from the date of sale. If-bonds are not-delivered Within. forty-five '(45) days from date of sale the successful bidder may withdraw his bid. 474 RESOLUTION NO. 2897 (CONTINUED): FORM OF BID: All bids must be for not less than all of the bonds offered for sale, and for not less than the par value thereof and accrued interest to date of delivery. Each bid, together with bidder's check, must be enclosed in a sealed envelope, addressed to the City Council of the City of South San Francisco and endorsed "Proposal for Bonds of Parking District No. 1 of the City of South San Francisco, Series A." BID CHECK: With each bid must be submitted a certified check or cashier's check for $2,500.00 drawn on a bank or trust company transacting business in the State of California, payable to the order of the City of South San Francisco, to secure the City from any loss resulting from the failure of the bidder to comply with the terms of his bid. Checks of the unsuccessful bidders will be returned by the City by mail upon the award of the bonds. No interest will be paid upon the deposit made by any successful bidder. OFFICIAL STATEMENT: The City has caused to be prepared by J. B. Hanauer & Co. an Official Statement, a copy of which will be furnished upon request. There is no controversy or litigation pending or threatened concerning the validity of the bonds, and the City will furnish to the successful bidder a no-litigation certificate certifying to the foregoing as of and at the time of the delivery of the bonds. Dated: November 16, 1959. ARTHUR A. RODONDI, City Clerk of the City of South San Francisco County of San Mateo, California