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HomeMy WebLinkAboutRES NO 77-55 .. """"! .;;... . e e RESOLUTION NO. 77-55 AUTHORIZING AND DIRECTING THE ISSUE OF ONE TEMPORARY BOND TO EVIDENCE CITY OF BAKERSFIELD OFF-STREET PARKING REVENUE BONDS, SERIES A WHEREAS, the Council of the City of Bakersfield has heretofore by Resolution No. 75-55 adopted November 14, 1955 (hereinafter called the "Resolutionll), duly authorized the issuance. of $880,000 principal..amount of City of Bakersfield Off-Street Parking Revenue Bonds, Series A; and WHEREAS, the City requires the proceeds of sale of said Series A Bonds not later than December 12, 1955, for the purpose of the purchase, acquisition, construction and-improve- ment of the Project described in the Resolution, and definitive coupon Series A Bonds cannot be prepared, executed and available for delivery by December 12, 1955, and it is neces- sary that a temporary Series A Bond, exchangeable for defini- tive coupon Series A Bonds when ready for delivery, be prepared, executed and delivered by the City on or about December 19, 1955, to the purchaser of the Series A Bonds; NOW, THE~ORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: Section 1. Pursuant to the provisions of Section 2.12 of the Resolution, the Council hereby authorizes the preparation, execution and delivery to the purchaser of the Series A Bonds against paYment of the purchase price thereof, on or about December 12, 1955, of one temporary Series A Bond, exchangeable for the definitive Series A Bonds when ready for delivery. Said temporary Series A Bond shall be of the <denomination of $880,000, shall be numbered TA-l, shall be printed, shall be 1 e e payable in installments on the respective maturity dates of, and shall bear interest from its date at the respective rates to be borne by, the definitive Series A Bonds, shall be in bearer fo~ without coupons, and shall be registerable only as to both principal and interest in the manner provided in the Resolution. Said temporary Series A Bond shall (until exchanged for the definitive Series A Bonds) be entitled and subject to the same benefits and provisions of the Resolution as the definitive Series A Bonds and shall be exchangeable only for the definitive Series A Bonds, Numbers Al to A880, both inclusive, in bearer fo~ with appurtenant coupons, at the office of the Fiscal Agent, referred to in the Resolution, at the risk and expense of the owner or holder of said temporary Bond, but without special charge for such exchange, as soon as the definitive Series A Bonds can be prepared and are ready for delivery. Section 2. Said temporary Series A Bond shall be in substantially the following fo~: TEMPORARY BOND EXCHANGEABLE ~OR DEFINITIVE BONDS WHEN READY FOR DELIVERY , $880,000.00 UNITED STATES OF AMERICA STA TE OF CALIFORNIA CITY OF BAKERSFIELD OFF-STREET PARKING REVENUE BOND SERIES A NO. TA-l Issued Pursuant to Resolution of the Council of the City of Bakersfield adopted November 14, 1955. The City of Bakersfield, a municipal corporation 2 e e organized and existing under the Constitution and Laws of the state of California, hereby acknowledges itself indebted, and, for value received, promises to pay (but only out of the Revenues hereinafter referred to ) to the registered owner hereof, the aggregate principal sum of Eight~Hundred Eighty Thousand Dollars ($880,000.00), payable in installments on the respective dates, bearing interest from the date hereof at the respective rates, and exchangeable for definitive City of Bakersfield Off-Street Parking Revenue Bonds, Series A, bearing the respective numbers, all as set forth in the following schedule: Definitive Bond Numbers (all inclusive, Principal bearing prefix IIAII) Amount 1 to 21 to 46 to 71 to 96 to 121 to 146 to 176 to 206 to 236 to 266 to 296 to 331 to 366 to 401 to 436 to 476 to 516 to 556 to 596 to 641 to 686 to 731 to 781 to 831 to 20 45 70 95 120 145 175- 205 235 205 295 330 365 400 435 475 515 555 595 640 685 730 780 830 880 $20,000 25,000 25,000 25,000 25,000 25,000 30;000 30,000 30,000 30,000 30,000 35,000 35,000 35,000 35,000 40,000 40,000 40,000 40,000 45,000 45,000 45,000 50,000 50,000 50,000 Maturity Date Interest (December 1) Rate 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 Said interest is payable semi-annually on June 1 and December 1 in each year until the paYment of said principal sum. Both the principal of and interest on this Bond are payable in lawful money of the United States of America at the principal office of Anglo California National Bank (herein called the "Fiscal Agent~), 3 e e San Francisco, California. Said interest is payable only on presentation of this temporary Bond at said office of the Fiscal Agent for notation hereon of paYment of interest; and the installments of the principal of this temporary Bond, if not exchanged for definitive Series A Bonds are payable only on presentation of this temporary Bond for notation hereon of such paYments of such installments of principal. This Bond is a temporary Bond issued pending the preparation of definitive Series A Bonds and is exchangeable at the risk and expense of the owner or holder hereof for definitive Series A Bonds as hereinabove provided, when ready for delivery at said office of the Fiscal Agent, in accordance with the provisions of the resolution referred to in the heading above and the provisions of the Resolution hereinafter referred to. Until such exchange, this temporary Bond shall in all respects be entitled to the same benefits as definitive Series A Bonds issued pursuant to that certain Resolution entitled "Resolution of the Council of the City of Bakersfield, State of California, Authorizing the Issuance of City of Bakersfield Of.f-Street Parking Revenue Bonds and of $880,000 Principal Amount of Series A Bonds II, adopted by the Council of said City on November 14, 1955, herein referred to as the "Resolution". Reference is hereby made to the Resolution (a copy of which is on file at said office of the Fiscal Agent) and all of the te~s of the Resolution are hereby incorporated herein and are hereby constituted a contract between the City and the registered owner from time to time of this temporary Bond, to all of the provi- sions of which the registered owner hereof by his acceptance of this temporary Bond shall have recourse and shall be bound. 4 e e This Bond is one of a duly authorized issue of City of Bakersfield Off-Street Parking Revenue Bonds (unlimited in aggregate principal amount, except as otherwise provided in ths Resolution) and is one of the temporary Series A Bonds of said authorized issue and is issued by the City of Bakersfield pursuant to the provisions of Sections 33.1, 33.2 and 33.3 of the Charter of said City, the Resolution, and said resolution referred to in the heading above. Neither paYment of the principal of or interest on this Bond constitutes a debt, liability or obligation of the City of Bakersfield, except as provided in said Charter and in the Resolution and in the definitive Series A Bonds. This Bond is payable exclusively from and is secured by a first direct and exclusive pledge of and charge and lien upon the Revenues (as such te~ is defined in the Resolution). All of the te~s and conditions of the definitive Series A Bonds are incorporated herein by reference and made a part hereof with like force and effect as though herein set forth at length. Definitive Series A Bonds maturing on or before December 1, 1962, are not redeemable prior to their fixed maturity da~es. Definitive Series A Bonds maturing on or after December 1, 1963, are redeemable on or after December 1, 1957, but not prior thereto, at the option of the City, as more fully set forth on the face of said definitive Series A Bonds and in the Resolution, and this temporary Bond, to the extent exchangeable for definitive Series A Bonds maturing on or after December 1, 1963, is subject to call and redemption in the same manner as set forth on the face of said definitive Series A Bonds so maturing. 5 e e It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be perfo~ed precedent to and in the issuance of this Bond exist, have happened and have been perfo~ed in due time, fo~ and manner as required by the Constitution and Laws of the State of California and the Charter of the City of Bakersfield, and that the amount of this Bond, together with all other indebtedness of the City, does not exceed any limit prescribed by the Constitution or Laws of the State of California, or the Charter of said City, and is not in excess of the amount of Bonds per- mitted to be issued under the Resolution. This temporary Bond shall not be entitled to any benefit under the Resolution or be valid or become effective for any purpose until this Bond shall have been authenticated by the execution by the Fiscal Agent or its successor in that office, of the certificate endorsed hereon. IN WITNESS WHEREOF the City of Bakersfield has caused this temporary Bond to be executed under its official seal, signed by its Mayor and its Treasurer and countersigned by its Clerk, all as of the 1st day of December, 1955. Mayor of the City of Bakersfield : Treasurer of the City of Bakersfield COUNTERSIGNED: City Clerk of the City of Bakersfield 6 e e It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be perfo~ed precedent to and in the issuance of this Bond exist, have happened and have been perfo~ed in due time, fo~ and manner as required by the Constitution and Laws of the State of California and the Charter of the City of Bakersfield, and that the amount of this Bond, together with all other indebtedness of the City, does not exceed any limit prescribed by the Constitution or Laws of the State of California, or the Charter of said City, and is not in excess of the amount of Bonds per- mitted to be issued under the Resolution. This temporary Bond shall not be entitled to any benefit under the Resolution or be valid or become effective for any purpose until this Bond shall have been authenticated by the execution by the Fiscal Agent or its successor in that office, of the certificate endorsed hereon. IN WITNESS WHEREOF the City of Bakersfield has caused this temporary Bond to be executed under its official seal, signed by its Mayor and its Treasurer and countersigned by its Clerk, all as of the 1st day of December, 1955. Mayor of the City of Bakersfield : Treasurer of the City of Bakersfield COUNTERSIGNED: City Clerk of the City of Bakersfield 6 e e [FORM OF FISCAL AGENT'S .CERTIFICATE] This Bond is one of the Bonds described in the within mentioned Resolution. FISCAL AGENT By Authorized O~ficer Note: There must be no writing in the space below except by the Fiscal Agent. Date of Name of Registry Registered.Owner Address of Registered Owner Signature of Fiscal Agent [FULL REGISTRATION AS TO BOTH PRINCIPAL AND INTEREST] It is hereby certified that the within Bond is registered as to both principal and interest and that said principal and interest are payable only to the registered owner whose name and address appear last in the space above, or his legal representative. Dated: FISCAL AGENT By Authorized Officer 7 e e Section 3. Said temporary Series A Bond shall be signed on behalf of the City of Bakersfield by the facsimile signature of the Mayor and the facsimile signature of the Treasurer of said City and shall be countersigned by the City Clerk with a facsimile of the official seal of said City printed thereon, and shall be authenticated by the Fiscal Agent. Section 4. This Resolution shall take effect from and after its passage and approval. Passed and adopted this 14th day of November, 1955, by the following vote: AYES: Councilmen NOES: ABSENT: AYES: CARNAKlS. ~. CROES, DOOllN. t'ifEtEtfli. '$CH1I'JEIlTZER~ SUUl\l'~~t NOES: None. __' .-_.____'. .0' ....... : ABSENT: CO 111ns, ____.' __..,_,"W_ _" """ ...P'1 qj!~9~ Mayor of thtlClty of Bakersfield, California ATTEST: .~ ~n.. ~:~~tY~lJh-~ J ....".-- [ SEAL-] Presented-to and approved by me this 14th day of November, 1955. Ya~~fJ~, Cali ornia / 8 ,I 41, ., e e CLERK I S CERTIFICATE .' I, MARIAN S. IRVIN, City Clerk of the CITY OF BAKERSFIELD, California, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Council of said City duly and regularly held at the regular meeting place thereof on the 14th day of November, 1955, of which meeting all of the members of said Council had due notice and at which a majority thereof were present; that at said meeting said resolution was introduced by Councilman Don Doolin and read in full, and was thereupon adopted by the following vote: AYES: NOES: ABSENT: Councilmen (;j!ES:; CMrUlKIS,AlII!I!!ftItS, CROES, DooLIN, EVELETH, SCHWEiTZER, SULUVAN. r.o~: None ABSENT: CO 11 ins .. ,....1 That I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is duly entered of record in the minute book of said Council and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; ~hat said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and-effect. ~~ ,.;;.- '. ,/ ~ W;I:-!l'NESS' .-my hand and the seal of the City of Bakersfield this I~~' day of-November, 1955. ~~'h.'~~) J.JA-,f~ Ci y C er 0 t City 0 a ersfield, California