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HomeMy WebLinkAboutORD 571 (1973) ORDINANCE NO. 571 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS OF SAID CITY IN THE AMOUNT OF $950,000. WHEREAS, pursuant to Ordinance No. 546 of the City of Tustin, California, a special municipal election was duly and regularly held in said city on the 19th day of September, 1972, at which election there was submitted to the qualified voters of said city the following bond proposition, to wit: BOND PROPOSITION - CITY OF TUSTIN CIVIC CENTER BONDS: Shall the City of Tustin incur a bonded indebtedness in the principal sum of $950,000 for the acquisition and construction by said city of the following municipal improve- ments (which have been approved by the City Planning Commission and by the City Council as constituting a City Plan): a civic center complex including a city hall and public safety facilities and including for all of the fore- going land, with improvements, furniture, equipment, facilities and all other property necessary therefor. and WHEREAS, said proposition received the affirma- tive vote and assent of more than two-thirds of all of the qualified voters of said city voting on said proposition, and said city is now authorized to issue bonds in the amount and for the purpose set forth in said proposition= NOW, THEREFORE, the City Council of the City of' Tustin, California DOES ORDAIN as follows: Section 1. That bonds of the City of Tustin, -California, in the principal sum of $950,000 be issued. and sold for the purpose set forth in the bond proposition in the recitals hereof. Said bonds shall be designated CITY OF TUSTIN 1973 CIVIC CENTER BONDS, shall be 190 in !Inumber, numbered 1 to 190, both inclusive, and shall be of the-- denomination of $5,000 each. Said bonds shall be dated April 1, 1973, and shall be payable in consecutive numerical order on April 1 in each of the years and amounts as follows: DATE AMOUNT 1975 $10,000 1976-1977 $20,000 1978-1985 $30,000 1986-1989 $40,000 1990-1993 $50,000 1994-1998 $60,000 Said bonds shall bear interest at a rate or rates to-be hereafter fixed by resolution,-but not to exceed seven per cent (7%) per annum, payable semiannually except that interest for the first year shall be payable at the end of said year. 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 Tustin, California, in said City, or at the option of the holder thereof, at the main office of the' paying.agent of the City, Bank of America, N.T. a S. A., in the city of Los Angeles, California or at the office of any co-paying agent in Chicago. Illinois or New York, New York. Sectzion 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 to cause the corporate seal of said city to be impressed, imprinted or reproduced thereon, 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 said city to the credit of a fund hereby created -and designated "City of Tustin 1973 Civic Center Bonds Acqui- sition and Construction Fund", and the moneys in said fund shall be applied exclusively to the acquisition and con- struction of the municipal improvementSdescribed in the bond proposition in the recitals hereof, except as provided in Section 43628 of the Government Code° 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 sa~d city shall at the time of fixing the general tax levy, and annually thereafter until said bonds are paid or until there is a sum in the treasury of s&id city set apart for that purpose sufficient to meet all payments of principal and interest on said bonds as they become due, levy and collect a tax sufficient to pay the interest on said bonds as it falls due and to constitute a sinking fund for payment of the principal on or be[ore 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 "City of Tustin 1973 Civic Center Bonds, Interest and Redemption ~nd." Said fund shall be used for no other purpose than the payment of said bonds and interest therea on 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: UNITED STATES OF AMERICA STATE OF CALIFORNIA '- CITY OF TUSTIN 1973 CIVIC CENTER BONDS NO.~ $5~000 The CITY OF TUSTIN, a municipal corporation situated in the County of Orange, State of California, FOR VALUE RECEIVED, hereb~ acknowledges its indebtedness and promises to pay to ~he bearer hereof the sum of FIVE THOUSAND DOLLARS ($5,000) on the 1st day of April, 197 , with interest thereon at the rate of per cent"'T %) per annum~ interest payable semiannually on the first days of October and April of each and every year from the date hereof except that interest for the first year shall be paid at the end of said year, until this bond is paid, on presentation and surrender of the respec- tive 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 Tustin,- California, in said city or, at the main office of the paying agent of the city, Bank of America, N. T. & S. A. in Los Angeles, California, or at the office of any co-paying 'agent in Chicago, Illinois or New York, New York, at the option of the holder hereof. This bond is issued by the City of Tustin under and in pursuance of and in conformity with the provisions of Article 1, Chapter 4, Division 4, Title 4 of the Government Code of the State of California, and acts supplementary thereto, and in pursuance 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 Tustin voting at an election duly and legally called, held and conducted in said city on the 19th day of September, 1972. 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 performed in due time, form and manner as required by<law, and that the amount of this bond, together with all othe~ indebtedness of said City, does not exceed any debt limit prescribed by the laws or Constitution of the State of 'California. IN WITNESS WHEREOF, said City of Tustin 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, 1973, Mayor of the City of Tust~n~' California ~ity Treasurer of t'he City~'6f Tustin, California COUNTERSIGNED: City Clerk of the City of Tustin, California ( SEAL ) (COUPON FORM) ' On the first day of . April the CITY OF TUSTIN, California, will pay to the bearer, at the office of the City Treasurer of said city, in said city, or at the option Coupon No. of the holder hereof', atthe main office of the paying agent of the city, Bank of America, N. T. & S. A. in the City of Los Angeles, California, or at the office of any co-paying agent in Chicago, Illinois or New York, New York the sum of $ in lawful money of the United States of America, being the interest then due on its 1973 Civic Center Bonds. No. Dated: April 1, 1973 City Treasurer of the City 0f Tustin, California Substantially the following provisions for reg/i.$~ation 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, only as to both principal and interest, and, if regis- tered, may be discharged from registration. Each registration, transfer after registra- tion, or discharge from registration of this bond shall be entered by the City Treasurer in books kept for the purpose and noted by said Treasurer in the registration blank below. Upon registration, all unmatured coupons per- taining hereto shall be surrendered to the City Treasurer and shall be preserved by said Treasurer. 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 pay- able only to the registered owner, or to his order. Interest on this bond, if registered, 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 and if it is discharged 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 City Treasurer may issue in exchange herefor a new bond, with such coupons attached, identical with this bond, except for the previous notations on the registration blank hereon, and except that the signatures on the new bonds shall be those of the persons holding 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 instru- ment, negotiable by delivery as if it had never been registered. Each request for registration, transfer, or discharge must be in form satis- factory to the City 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 beo Date of In Whose Name Signature of Registration Registered City Treasurer [TO BE INSERTED ON FACE OF BOND] Unless this bond matures on or prior to April 1, 1991, it is redeemable prior to maturity in accordance with the provisions for redemption endorsed hereon. [REVERSE OF COUPON] If the bond to which this coupon is attached is redeemable and is duly called for redemption on a date prior to the maturity date of this coupon, this coupon will be void. ... [RE~RSE OF BOND] PROVISIONS FOR REDEMPTION Unless this bond matures on or prior to April 1, 1991, it is redeemable in the manner and subject to the terms and provisions, and with the effect, set forth in Ordinance NO. 571 (adopted by the City Council of said city on February 20, 1973 ) at the option of said City Council on April 1, 1988, or on any interest payment date thereafter prior to maturity, upon at least thirty (30) days' prior notice in a financial newspaper or journal of national circulation, published in the City and State of New York, at a redemption price equal to the principal amount hereof, plus accrued interest and a premium equal to one-half of one percent (1/2%), of the principal amount of said bond per year or fraction of a year from the date of redemption to the date of maturity provided however, that in no event shall such premium exceed five per cent (5%) of such principal amount. Section 6. The bonds maturing on or prior to April 1, 1991 shall not be subject to call or redemp- tion prior to maturity. The bonds maturing on or after. April 1, 1992 or any of them,'may be called before maturity and redeemed at the option of the City Council of said city on April 1, 1988 or on any interest pay- ment date thereafter prior to maturity, at a redemption price for each redeemable bond equal to the principal amount thereof, plus accrued interest and a premium equal to one-half of one percent (1/2%) of the prin- cipal amount of said bond per year or fraction of a year between the date of redemption and the maturity date. provided however, that such premium shall in no event exceed five percent (%5) of the principal amount. All' or any of the bonds subject to call may be called for .-redemption at any one time. If less than all of the bonds are redeemed at any one time, .such 'bonds shall be redeemed only in inverse order of maturity and number beginning with the highest numbered bond. The interest payment date on which bonds which are called are to be presented for redemption is hereinafter sometimes called the "redemption date." Section 7. Notice of the intended redemption shall be published by one (1) publication in a 'financial newspaper or journal of national circulation, published in the City and State of New York, said publication to be at least thirty (30) days but not more than sixty (60) days prior to the redemption date. The ~notice of redemp- tion shall (a) state the redemption date; (b) state the redemption price; (c) state the numbers and dates of maturity of the bonds to be redeemed; provided, however, / that whenever any call includes all of the bonds of a maturity, the numbers of such maturity need not be Stated; (d) require that such bonds be surrendered with all interest coupons maturing subsequent to the redemption date at the office of the City Treasurer of said city, in said city, or at the option of the holder thereof, at the main office of the paying agent of the city, Bank of America, N. T. & S. A. in the City of Los Angeles, California, or at the office of any co-paying agent in Chicago, Illinois, or New York, New York; (e) give notice that further interest onlsuch bonds will not accrue after the designated redemption.date. If any of the bonds designated for redemption shall be registered so as to be payable otherwise than to bearer, the City Treasurer shall, on or before the date of the publication of said notice of redemption, mail a similar notice, postage prepaid, to the respective registered owners thereof at the addresses appearing on the bond registry books. The actual receipt by the holder of any bond (hereinafter referred to as "bondholder") of notice of such redemption shall not be a condition precedent to redemption, and failure to receive such notice shall not affect the validity of the proceedings for the redemption of such bonds or the cessation of interest on the date fixed for redemption. The notice or notices required by this section s~11 be given by the. City Treasurer. Acertificate by said City Treasurer that notice of call. and redemption has been given to holders of registered bonds ~s herein provided shall be conclusive as against all parties, and no bondholder whose registered bond is called for redemption may object thereto or object to the cessation of interest on the redemption date fixed by any claim or showing that he failed to actually receive such notice of call and redemption. Section 8. Prior to the time the City C0uncil determines to call and redeem any of said bonds there -.~hall.lbe~etablished in the treasury of said city a Redemption Fund to be descri.bed or known as "City Tustin 1973 Civic Center Bonds Redemption Fund" and prior to the publication of the notice of a redemption there must be set aside in said Redemption Fund moneys available · for the purpose and sufficient to redeem, at the premiums payable as in this Ordinance provided, the bonds desig- nated in such notice of redemption. Said moneys must be set aside in said fund solely for that purpose and shall be applied on or after the redemption date to payment (principal and premium) for the bonds to be redeemed upon presentation and surrender of such bonds and all interest coupons maturing after the redemption date, and shall be used only for that purpose. Any interest coupons due on or prior to the redemption date shall be paid from the Interest and Redemption Fund provided for herein upon presentation and surrender thereof. Any interest due on or prior to the redemption date upon registered bonds shall be paid from said interest Fund. Each bond presented (if unregistered) must have attached thereto or presented therewith all interest coupons maturing after the redemption date. if after all of the bonds have been redeemed and cancelled or paid and cancelled there are moneys remaining in said Redemption Fund, said moneys shall be transferred to the general fund of said city; provided, however, that if said moneys are part of the proceeds of refunding bonds, said moneys shall be transferred to the fund created for the payment of principal of and interest on such refunding bonds. Section 9. When notice of redemption has been given, substantially as provided for herein, and when the amount necessary for the redemption of the bonds called for redemption (principal and premium) is set aside for that purpose in the Redemption Fund, as provided for herein, the bonds designated for redemption shall become due and payable on the date fixed for redemption thereof, and upon presen- tation and surrender of said bonds and (except as to registered bonds) all interest coupons maturing after the redemption date, at the place specified in the notice of redemption, such bonds shall be redeemed and paid at said redemption price out of the Redemption Fund, and no i'nterest will accrue on such bonds called for redemption .13. or on any interest coupons thereof after the redemption date specified in such notice, and the holders of said bonds so called for redemption after such redemption date shall look for the payment of such bonds and the premium'thereon only to said Redemption Fund. All bonds redeemed and all interest coupons thereof shall be can- celled forthwith by the City Treasurer and shall not be reissued. All interest coupons pertaining to any redeemed bonds, which coupons have matured on or prior to the time fixed for redemption, shall continue to be payable to the respective holders thereof but without interest thereon. All unpaid interest payable at or prior to the date fixed .~for redemption upon registered bonds shall continue to be -payable to the respective registered owners of such bonds, or their order, but without interest thereon. Section 10. That any of said bonds may be registered only as to both principal and interest~ and any registered bond may be discharged from registration, in the manner and with the effect set forth in the pro- visions for registration contained in the form of bond set forth herein.. The City Treasurer and the .paying agent shall hold all coupons submitted with bonds upon registra- tion for attachment in case of deregistration. Section 11. That the City Clerk shall certify to the passage and adoption of this ordinance byI a vote of at least two-thirds of all the members of ~he City Council of said city, and shall cause this ordinance to be published once in the Tustin News, a newspaper Of general circulation in said city. Section 12. This ordinance shall take effect thirty (30) days after its adoption. ADOPTED, SIGNED AND APPROVED this 20th day of February , 1973. · ~' Mayo 'f the City of Tustin, fornia ATTEST: (SEAL) STATE OF CALIFORNIA) COUNTY OF ORANGE )ss CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; that'the above and fore- going Ordinance No. 571 was duly and regularly introduced and read at a regular meeting of the City Council held on the 5th day of February , 197 3 , and was given '~ts second reading ~nd duly passed and adopted 'at a regular meeting held on the 20th day of February , 1973, by ~he following vote: AYES: COUNCILMEN MILLER, SALTARELLI, LANGLEY, WELSH NOES: COUNCILMEN NONE- ABSENT: COUNCILMEN WOODRUFF Ci of Tustin, California~a_