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HomeMy WebLinkAboutReso 2696-1958 RESOLUTION NO. 2696 RESOLUTION AND ORDER OF CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, PROVIDING FOR THE ISSUANCE OF $350,000 PRINCIPAL AMOUNT OF IMPROVEMENT BONDS, INDUSTRIAL PARK IMPROVEMENT DISTRICT NO. 3, PRESCRIBING THE PRINCIPAL AMOUNT, DATE AND FORM OF SAID BONDS AND OF THE COUPONS TO BE ATTACHED THERETO, AND PRESCRIB- ING THE MATURITY THEREOF; FIXING THE MAXIMUM RATE OF... INTEREST ON SAID BONDS; AUTHORIZING THE EXECUTION OF SAID BONDS AND COUPONS; AND SELLING SAID BONDS WHEREAS, the City Council of-the City of South San Francisco did, on July 21, 1958~ adopt~ its Resolution of IntentionlNo. 2671 relating to certain proposed work, acquis- itions and improvements to be done and made in Industrial Park Improvement District No. 3 in said City,.described in said Resolution of Intention, under and pursuant to the provisions of the Municipal Improvement Act of 1913, which said Resolution of Intention provides that serial bonds to represent unpaid assessments and to bear interest at a maximum rate of not to exceed 6% per annum, payable'semiannually, will be issued in the manner provided by Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, and the last installment Of said bonds shall mature fourteen (14) years from the 2nd day of July next succeeding ten (10) months from their date, reference to said Resolution of Intention being hereby expressly made for all further particulars; and WHEREAS, an assessment and diagram were duly made and filed with said City Council of said City of South San Francisco on July 21, 1958, and after hearing, duly noticed and held, were confirmed and approved by Resolution duly passed and adopted by said City Council.of City of South San Francisco on September 2, 1958 (such assessment and diagram being hereinafter referred to as said assessment and diagram); and WHEREAS, said assessment and diagram were duly recorded on September 3, 1958, in the office of the City Tax Collector of said City of South San Francisco, and a duplicate original thereof was duly recorded on September 3, 1958, in the office~of ~he Superintendent of Streets of said City of South San Francisco, all in the time, form and manner required by law; and WHEREAS, said assessment was in the total amount of $350,000 and was appor- tioned upon the several subdivisions of land in said Industrial Park Improvement District No. 3 in proportion to the estimated benefits to be received by such subdivisions, res- pectively, from said work, acquisitions and improvements as shown in said assessment to which reference is hereby expressly made for further particulars; and WHEREAS, notice of the recording of said assessment was duly given to the owner of all of the property assessed in said Industrial Park Improvement District No. 3, and notice of such recordation of said assessment and notice otherwise as required by law has been duly given by mailing and by publication of notice in the time, form and manner required by law; and WHEREAS, said owner of all of*the property in said District assessed by said assessment has filed with the Superintendent of Streets of said City a written notice stating that it will not pay in cash within the period of time allowed by law for payment thereof in cash any part of the assessment or assessments against any property owned~by it, that it waives its right to pay said assessment or assessments in cash on or before the close of business on October 3, 1958, and that it requests that bonds be issued under the Improvement Bond Act of 1915 to represent the full amount of the unpaid assessments against all property owned by it; and WHEREAS, the Superintendent of Streets of said City on September 15th, 1958, made and filed with the City Treasurer of said City and with this City Council a complete list of all unpaid assessments, upon said assessment, showing unpaid assessments in the aggregate amount of $350,000 and said Treasurer has determined, and this City Council hereby finds and determines, that said assessments so listed as unpaid upon said list of unpaid assessments are unpaid and that the aggregate amount thereof is said amount of $350,000; and WHEREAS, Stone & Youngberg, a partnership, has offered to purchase, without accrued interest, not to exceed $350,000 principal amount of bearer bonds to be issued in said proceedings under amd pursuant to the Municipal Improvement Act of 1913 and Improvement Bond Act of 1915, at'98% of the par value of the first $250,000 principal amount thereof to be issued and at 97% of the par value of such bonds issued in excess of said first $250,000 principal amount thereof to be issued, said bonds to extend over a period of 14 years from the second day of July next succeeding 10 months from their date, and to bear interest at the rate of 4% a year payable semiannually. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, AS FOLLOWS: 1. The foregoing recitals and each of them are true and correct. 2. All acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of the bonds hereinafter provided for have existed, happened and been performed in the time, form and manner as required by law. 3. Bonds shall be issued upon the security of said unpaid assessments in the amount of $350,000 in accordance with the provisions of said Improvement Bond Act of 1915 and under and in pursuance of the provisions of said Reso]ntion of Intention No. 2671 and the proceedings thereunder duly had and taken. Said bonds shall be known as "Improve- ment Bonds, Industrial Park Improvement District No. 3, City of South San Francisco"; shall be in form and of the character known as serial and shall be in the principal amount of $350,000; shall be dated November 3, 1958 (which is hereby fixed and determined to be the date of issue of said bonds); shall bear interest from November 3, 1958, at a rate of 4% per annum; and shall be of the denominations and numbered and shall mature and become payable as follows: Maturity Bond Numbers Date (both inclusive) Denomination .T,,'~v ~. . ~v.u...v.. v. .~ . _.,=,,. a..u no~ice o~nerwxse as requlred by has been duly given by mailing and by publication of notice in the time, form and manner required by law; and WHEREAS, said owner of all of the property in said District assessed by said assessment has filed with the Superintendent of Streets of said City a written notice stating that it will not pay in cash within the period of time allowed by law for payment thereof in cash any part of the assessment or assessments against any property owned'by it, that it waives its right to pay said assessment or assessments in cash on or before the close of business on October 3, 1958, and that it requests that bonds be issued under the Improvement Bond Act of 1915 to represent the full amount of the unpaid assessments against all property owned by it; and WHEREAS, the Superintendent of Streets of said City on September 15th, 1958, made and filed with the City Treasurer of said City and with this City Council a complete list of all unpaid assessments, upon said assessment, showing unpaid assessments in the aggregate amount of $350,000 and said Treasurer has determined, and this City Council hereby finds and determines, that said assessments so listed as unpaid upon said list of unpaid assessments are unpaid and that the aggregate amount thereof is said amount of $350,000; and WHEREAS, Stone & Youngberg, a partnership, has offered to purchase, without accrued interest, not to exceed $350,000 principal amount of bearer bonds to be issued in said proceedings under amd pursuant to the Municipal Improvement Act of 1913 and Improvement Bond Act of 1915, at'98% of the par value of the first $250,000 principal amount thereof to be issued and at 97% of the par value of such bonds issued in excess of said first $250,000 principal amount thereof to be issued, said bonds to extend over a period of 14 years from the second day of July next succeeding 10 months from their date, and to bear interest at the rate of 4% a year payable semiannually. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, AS FOLLOWS: 1. The foregoing recitals and each of them are trUe and correct. 2. All acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of the bonds hereinafter provided for have existed, happened and been performed in the time, form and manner as required by law. 3. Bonds shall be issued upon the security of said unpaid assessments in the amount of $350,000 in accordance with the provisions of said Improvement Bond Act of 1915 and under and in pursuance of the provisions of said Reso~tion of Intention No. 2671 and the proceedings thereunder duly had and taken. Said bonds shall be known as "Improve- merit Bonds, Industrial Park Improvement District No. 3, City of South San Francisco"; shall be in form and of the character known as serial and shall be in the principal amount of $350,000; shall be dated November 3, 1958 (which is hereby fixed and determined to be the date of issue of said bonds); shall bear interest from November 3, 1958, at a rate of 4% per annum; and shall be of the denominations and numbered and shall mature and become payable as follows: Bond Numbers (both inclusive) Denomination Maturity Date July 2 1 - 23 24 25 - 47 48 49 - 71 72 73 - 95 96 97 - 119 120 121 - 143 144 145 - 167 168 169 - 191 192 193 - 215 216 217 - 239 24O 241 - 263 264 265 - 287 288 289 - 311 312 313 - 335 336 337 - 359 36O 1.000.00 333.38 1,000.00 333.33 1,000.00 333.33 1,000.00 333.33 1,000.00 333.33 1,000.00 333.33 1,000.00 333.33 1,000.00 333.33 1,000.00 333.33 1,000.00 333.33 1,000.00 333.33 1,000.00 333.33 1,000.00 333.33 1,000.00 333.33 1,000.00 333.33 1960 1960 1961 1961 1962 1962 1963 1963 1964 1964 1965 1965 1966 1966 1967 1967 1968 1968 1969 1969 1970 1970 1971 1971 1972 1972 1973 1973 1974 1974 800 Interest shall be evidenced by coupons attached to each bond, and each of said coupons shall represent six (6) months' interest on the bond to which it is attached, except that the first coupon attached to each bond shall represent interest from the date of said bond to January 2, 1960, and thereafter said interest coupons shall be payable semiannually on the 2nd day of January and the 2nd day of July in each year until and at the respective dates of maturity of said bonds. 4. Said unpaid assessments in said aggregate amount of $350,000, as shown on said list hereinabove referred to and as determined by said Treasurer and this City Council, together with~intereSt thereon, shall constitute and remain a trust fund for the redemption and payment of the bonds and of the interest which may be due thereon. Said unpaid assessments shall be payable in annual series corresponding in number to the number of years in which the bonds issued mature as hereinabove provided, and an even annual proportion of each assessment shall be payable in each year preceding the date of maturity of each of the several series of bonds issued, and such proportion of each assessment coming due in any year, together with the annual interest thereon, shall be payable in the same manner and at the same time and in the same installments as the general taxes of said City of South San Francisco on real property are payable, and said assessment installments and said annual interest shall be payable and become delinquent on the same dates and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property.of said City of South San Francisco. The redemption period shall be such as is set forth in said Improvement Bond Act of 1915. 5. S~id bonds and coupons shall each be in substantially the following forms, the blanks in said forms to be filled in with appropriate words or figures, namely: UNITED STATES OF AMERICA STATE OF CALIFORNIA County of San Mateo IMPROVEMENT BOND INDUSTRIAL PARK IMPROVEMENT DISTRICT NO. 3 CITY OF SOUTH SAN FRANCISCO $ Series No. Under and by virtue of the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code, the CITY OF SOUTH SAN FRANCISCO will on the second day of July, 19 , out of the redemption fund for the payment of the bonds issued upon the assessmen--/~ made for the work, acquisitions and improvements in an improvement district designated "industrial Park ImProvement District No. 3", which said work, acquisitions and improvements and improvement district are more fully described in Resolution of Intention No. 2671 passed by the City Council of said City of South San Francisco on the 21st day of July, 1958, pay to the bearer the sum of Dollars ($ ) with interest thereon from the 3rd day of November, 1958, at the rake of four per cent (4%) per annum, all as is hereinafter specified, and at the office of the Treasurer of said City. This bond is one of several annual series of bonds of like date, tenor and effect, but differing in amounts and maturities, issued by said City under said law for the purpose of providing means for paying for the work, acquisitions and improvements described in said Resolution of Intention, and is secured by the moneys in said redemp- tion fund and by the unpaid assessments made for the payment of said work, acquisitions and improvements, and, including principal and interest, is payable exclusively out of said fund. The interest is payable semiannually, to wit: On the 2nd d~,y of January and 2nd day of July in each year hereafter, upon presentation of the proper coupons therefor; provided, that the first of said coupons is for the interest to the 2nd day of January, 1960, and thereafter the interest coupons are for the semiann,,~l shall be payable in the same manner and at the same time and in the same installments as the general taxes of said City of South San Francisco on real property are payable, and said assessment installments and said annual interest shall be payable and become delinquent on the same dates and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property.of said City of South San Francisco. The redemption period shall be such as is set forth in said Improvement Bond Act of 1915. 5. S~id bonds and coupons shall each be in substantially the following forms, the blanks in said forms to be filled in with appropriate words or figures, namely: UNITED STATES OF AMERICA STATE OF CALIFORNIA County of San ~ateo II/PROVEMENT BOND INDUSTRIAL PARK IMPROVEMENT DISTRICT NO. 3 CITY OF SOUTH SAN FRANCISCO $ Series No. Under and by virtue of the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code, the CITY OF. SOUTH SAN FRANCISCO will on the second day of July, 19 , out of the redemption fund for the payment of the bonds issued upon the assessmen--/~ made for the work, acquisitions and improvements in an improvement district designated "industrial Park Improvement District No. 3", which said work, acquisitions and improvements and improvement district are more fully described in Resolution of Intention No. 2671 passed by the City Council of said City of South San Francisco on the 21st day of July, 1958, pay to the bearer the sum of Dollars ($ ) with interest thereon from the 3rd day of November, 1958, at the rate of four per cent (4%) per annum, all as is hereinafter specified, and at the office of the Treasurer of said City. This bond is one of several annual series of bonds of like date, tenor and effect, but differing in amounts and maturities, issued by said City under said law for the purpose of providing means for paying for the work, acquisitions and improvements described in said Resolution of Intention, and is secured by the moneys in said redemp- tion fund and by the unpaid assessments made for the payment of said work, acquisitions and improvements, and, including principal and interest, is payable exclusively out of said fund. The interest is payable semiannually, to wit: On the 2nd day of January and 2nd day of July in each year hereafter, upon presentation of the proper coupons therefor; provided, that the first of said coupons is for the interest to the 2nd day of January, 1960, and thereafter the interest coupons are for the semiannual interest. This bond will continue to bear interest after maturity at the rate above stated; provided, it is presented at maturity and payment thereof is refused upon the sole ground that there are not sufficient moneys in said redemption fund with which to pay same. If it is not presented at maturity, interest thereon will run until maturity. This bond may be redeemed and paid in advance of maturity upon the second day of January or July in any year by giving the notice provided in said law and by paying principal and accrued interest together with a premium equal to five per cent (5%) of the principal. IN WITNESS ~HEREOF, said City of South San Francisco has caused this bond to be signed by the Treasurer of said City and by its Clerk and has caused its Clerk to affix thereto its corporate seal all on the 3rd day of November, 1958. Treasurer (SEAL) Clerk (Form of Coupon) Coupon No. The City of South San Fraficisco will pay to bearer hereof on the day of 19 , at the office of the Treasurer of said City, in the City of South San Francisco, Cou--u-h-~y of San Mateo, California, Dollars ($ ), being interest then due on ImProvement Bond, Industrial Park Improvement District No. 3, City of South San Francisco, dated November 3, 1958, No. , Series . Treasurer 6. Said bonds shall be signed by the Treasurer of said City and countersigned by the City Clerk of said City, who shall affix thereto the official seal of said City. The interest coupons attached to said bonds shall be signed by said Treasurer by his engraved, printed or lithographed signature. Such signing, countersigning and sealing as herein provided shall be a sufficient and binding execution of said bond and coupons. 7. The City Clerk is directed to cause a sufficient number of blank bonds and coupons of suitable quality to be lithographed or printed and to cause the blank spaces thereof to be filled in to comply with the provisions hereof and to procure their execution by the proper officers and to deliver them, when so executed, to the Treasurer of said City who shall deliver them .to the purchaser or purchasers thereof, on receipt of the purchase price. Said Treasurer and City Clerk are further authorized and directed to make, execute and deliver to the purchaser of said bonds a signature and no-litigation certificate in the form customarily required by purchasers of municipal bonds, certifying to the genuine'ness and due execution of said bonds and further certify- ing to all facts within their knowledge relative to any litigation which may or might affect said improvement district or said City, said officers or said bonds, and said Treasurer is further authorized and directed to make, execute and deliver to the pur- chaser or purchasers of said bonds a Treasurer's receipt in the form customarily re- quired by purchasers of municipal bonds, evidencing the payment of the purchase price of said bonds, which receipt shall be conclusive evidence that said purchase price has been paid and has been received by said City. Any purchaser or subsequent taker or holder of said bonds is hereby authorized to rely upon and shall be justified in rely- ing upon any such signature and no-litigation certificate and any such Treasurer's receipt with respect to said bonds executed pursuant to the authority of this resolution. 8. Said offer of Stone & Youngberg for $350,000 principal amount of said bonds, bearing interest at the rate of four per cent (4%) a year payable as aforesaid, mhall be and is hereby accepted, and the Treasurer of said City is hereby authorized and directed to deliver said bonds in bearer form to said Stone & Youngberg as purchaser upon payment to said Treasurer of the purchase price, to wit, 98% of the par value of the first $250,000 principal amount thereof to be issued and 97% of the par value of such bonds issued in excess of said first $250,000 principal amount thereof to be issued, without accrued interest. 9. This Resolution shall take effect from and'after its passage and approval. PASSED AND ADOPTED this 15th day of September, 1958, by the City Council of the City of South San Francisco, by the fo llowing vote: AYES, Councilmen G. J. Rozzi, Andrew Rocca, Emilio Cortesi, Leo J. Ryan and Patrick E. Ahem NOES None ABSENT, None G. J. ROZZI MAYOR OF THE CITY OF SOUTH SAN FRANCISCO ATTEST: ARTHUR A. RODONDI CITY CLERK