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1968/09/03 City Council Resolution (5)WJML:PDAegmb 8/.27/68 25c RESOLUTION N0, 68 -98 A RESOLUTION PROVIDING FOR THE ISSUANCE OF $150,000 PRINCIPAL AMOUNT OF CITY OF ROHNERT PARK GENERAL OBLIGATION BONDS OF 1968; AUTHORIZED AT AN ELECTION HELD IN SAID CITY ON APRIL 9, 1968; DESCRIBING THE AMOUNT, DATE AND NUMBERS OF BONDS OF SAID AUTHORIZED ISSUE AND OF THE COUPONS TO BE ATTACHED THERETO, AND PRESCRIBING THE MATURITY THEREOF; FIXING THE MAXIMUM RATE OF INTEREST ON SAID BONDS AND COUPONS, AND PRO- VIDING FOR THE LEVY OF A TAX TO PAY THE PRINCIPAL AND INTEREST OF SAID AUTHORIZED ISSUE CITY OF ROHNERT PARK GENERAL OBLIGATION BONDS OF 1968 RESOLVED, by the City Council of the City of Rohnert Park, Sonoma County, California, that WHEREAS, all of the requirements of law have been complied with in calling and holding the special municipal election held in the City of Rohnert Park on April 9, 1968, at which election the proposition of issuing bonds in the principal amount of $150,000 for the object and purpose hereinafter stated wassub- mitted to the voters of the City; and WHEREAS, the City Council did duly and regularly canvass the returns of said election, and did count the votes cast for and against said proposition, and did as a result of such canvass determine and declare, and does hereby certify that said proposi- tion received at said special municipal election the affirmative vote of more than two - thirds of the electors voting on the prop- osition at the election and the proposition was thereby duly carried and adopted, and the issuance of said bonds was duly authorized; NOW, THEREFORE, IT IS RESOLVED, DETERMINED and ORDERED, as follows° la All acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of bonds have existed, happened and been performed in due time, form and manner as required by law, and the City of Rohnert Park is now authorized pursuant to each and every requirement of law to incur an indebtedness in the manner and form as in this Resolution provided. 20 Bonds of the City of Rohnert Park in the aggregate prin- cipal amount of One Hundred Fifty Thousand Dollars ($150,000) to be known as "City of Rohnert Park General Obligation Bonds of 1968" shall be issued to pay the cost of the acquisition, con- struction and completion of the municipal improvement of said City set forth in the following proposition, to wits PROPOSITION NO. la "Shall the City of Rohnert Park incur a bonded indebtedness in (Community Recreation the principal amount of One Buildings) Hundred Fifty Thousand Dollars ($150,000) in accordance with the provisions of the Ordinance calling the election at which this proposition is submitted for the acquisition, construction and completion of community recreation buildings, and all acquisitions, improvements, equipment, furniture, furnishings, facilities, appurtenances and incidental work necessary therefor ?" 3, The said One Hundred Fifty Thousand Dollars ($150,000) principal amount of bonds shall be issued as hereinafter set forth and shall be sold in accordance with law at not less than their par value and accrued interest. The bonds of said authorized issue shall be negotiable in form and of the character known as "Serial ", shall each be dated October 15, 1968, shall be numbered consecutively from the earliest to the latest maturity, shall each be of the denomination of $1,000 and shall mature and be payable on October 15 in the total amounts per year, and of the numbers as set forth in Exhibit "A" attached hereto and by reference incorporated herein. 4. All of said bonds shall bear interest from their date until paid at the rate or rates designated by the Council of the 20 City of Rohnert Park at the time of the sale of said bonds, but not to exceed six percent (6 %) per annum, payable semianually, evidenced by coupons attached to the bonds at the time of their issuance, payable on the 15th day of April and October in each year until and at the respective dates of maturity of the bonds. Interest rates for different maturities may be in varying multiples of any fraction or combination of fractions of 1% per annum. 5. If, upon presentation at maturity, payment of any bond or any interest coupon thereof, or both, is not made in full accordance with the terms of this Resolution providing for the issuance thereof, said bond or coupon, or both, shall continue to bear interest at the rate stated therein until paid in full. 6. Both the principal of and interest on said bonds shall be payable at the main office of the Exchange Bank, 4th and Mendo- cino Avenue, Santa Rosa, California, in lawful money of the United States of America. 7. Said bonds and coupons shall each be substantially in the form, the blanks therein to be filled with appropriate words or figures, as set forth in Exhibit "B" attached hereto and by reference incorporated herein. 8. The bonds shall be subject to registration in the manner provided by law. 9. The Mayor and the City Treasurer, or one or more of his duly authorized deputies are hereby authorized and directed, respectively, as such officers, to execute each of said bonds on behalf of said City, and the City Clerk, or one or more of his duly authorized deputies, is hereby authorized and directed to countersign each of said bonds and to affix the official seal of said City thereto. All of the signatures and countersigna- tures, except that of the City Clerk or his deputy, and the 3. official seal may be printed, engraved, lithographed, stamped or otherwise placed in facsimile upon said bonds. Said Treasurer, or one of more of his duly authorized deputies, is hereby author- ized and directed to sign each of the interest coupons by his printed, lithographed or engraved facsimile signature placed thereon. Such signing, countersigning and sealing as herein pro- vided shall be a sufficient and binding execution of said bonds and coupons of said City. If any officer whose signature or countersignature appears on the bonds or coupons ceases to be such officer before delivery of the bonds, his signature is as effective as if' he had remained in office. loo At the time of making the general tax levy after in- curring the bonded indebtedness, and annually thereafter until the bonds are paid or until there is a sum in the treasury set apart of that purpose sufficient to meet all payments of principal and interest on the bonds as they become due, the City Council shall levy and collect a tax sufficient to pay the interest on the bonds and such part of the principal as will become due before the proceeds of a tax levied at the time for making the next general tax levy shall be available. Said taxes shall be levied and collected as other City taxes, and in addition to all other taxes. The moneys derived from said taxes shall be used only for the payment of the bonds and the interest. Said taxes, as col- lected, shall be forthwith paid into the fund for which the same were levied and collected and which shall be designated "City of Rohnert Park General Obligation Bonds of 1968 Bond Fund" or other designation sufficient to identify it and all sums to become due for the principal of and interest on said bonds shall be paid from such fund. There shall, likewise, be deposited in said fund all premiums and any money received on account of interest accrued 4. on said bonds, from their date to the date of delivery and actual payment of the purchase price thereof. 11. There is hereby created and established a fund to be known as the "City of Rohnert Park General Obligation Bonds of 1968 Construction Fund ", or other designation sufficient to identify it, which shall be kept by the Treasurer of said City and who shall also see that the proceeds of the sale of any of said bonds of said authorized issue (except any premium and accrued interest to the date of delivery) shall be placed by the Treasurer to the credit of such fund and shall be kept separate and distinct from all other municipal funds and shall be applied solely to the object and purpose specified in the proposition authorized at the special municipal election held on April 9, 1968, and set forth in Section 2 of this resolution. 12. The City Clerk is directed to cause a sufficient number of blank bonds and coupons of suitable quality to be lithographed, printed or engraved and to cause the blank spaces thereon 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 safely keep the same until they have been sold by the said Council, whereupon he shall deliver them to the purchasers thereof on receipt of the purchase price. 13. Said Mayor and said Treasurer and City Clerk, or one or more of their duly authorized deputies, 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 usually required by purchasers of municipal bonds generally certi- fying to the genuineness and due execution of said bonds, and further certifying to all facts that in their knowledge, relative to any liti- gation, may or might affect said City and said officers or said 5� make, execute and deliver to the purchaser of said bonds, a Treasurer's Receipt in the form usually required 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. 14. Any purchaser or subsequent taker or holder of said bonds is hereby authorized to rely upon and shall be justified in relying upon any such signature and no- litigation certificate and Treasurer's Receipt with respect to said bonds executed pur- suant to the authority of this Resolution. I hereby certify the foregoing to be a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Rohnert Park, Sonoma County, California, at a meeting thereof held on the 3rd day of Septembe4 1968, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: (4) Hopkins, Rogers, Smith & Roberts NOES, Councilmen: (0) None ABSENT, Councilmen: (1) Buchanan a � eputy City Clerk APPROVED: Mayor '. EXHIBIT "A" TOTAL AMOUNT YEAR OF BOND NUMBERS PER YEAR MATURITY 1 - 4 $ 4,000 1969 5 - 8 4,000 1970 9 - 12 4,000 1971 13 - 16 4,000 1972 17 - 20 4,000 1973 21 - 25 5,000 .1974 26 - 30 5,000 1975 31 - 35 5,000 1976 36 - 4o 5,000 1977 41 - 45 5,000 1978 46 - 51 6,000 1979 52 - 57 6,000 1980 58 - 63 6,000 1981 64 - 70 7,000 1982 71 - 77 7,000 1983 78 - 85 8,000 1984 86 - 93 8,000 1985 94 - 101 8,000 1986 102 - 110 9,000 1987 ill - 119 9,000 1988 120 - 129 10,000 1989 130 - 139 10,000 1990 140 - 150 11, 000 1991 T - EXHIBIT "B" UNITED STATES.OF AMERICA STATE OF CALIFORNIA COUNTY OF SONOMA CITY _OF ROHNERT PARK GENERAL OBLIGATION BONDS OF 1968 Noe $ The CITY OF ROHNERT PARK, a municipal corporation, organized and existing under the Constitution and laws of the State of California, hereby acknowledges itself indebted and for value received promises to pay to the bearer (or if this bond be reg- istered, to the registered owner hereof) on the 15th day of October, 19 , ONE THOUSAND DOLLARS ($1,000), together with interest there- on at the rate of percent ( f) per annum until payment of said principal sum in full, said interest to be payable semi- annually on the 15th day of April and October of each year, repre- sented by coupons attached hereto at the time of issuance. Unless this bond is registered, such interest, prior to maturity, shall be payable only on presentation and surrender of the proper inter- est coupons hereto attached as they respectively become due. Both the principal of and interest on this bond are payable, in lawful money of the United States of America, at the main office of the Exchange Bank, Santa Rosa, California. If, upon presentation at maturity, payment of this bond or any interest coupon hereof, or both, is not made in full accord- ance with the terms of the Resolution providing for the issuance hereof, said bond or coupon, or both, shall continue to bear in- terest at the rate stated herein until paid in full. This bond is one of a duly authorized issue of bonds of said City aggregating One Hundred Fifty Thousand Dollars ($150,000) in principal amount, all of like tenor (except for such variation, if any, as may be required to designate varying numbers, maturity dates, and interest rates), and is issued under and pursuant to the ordinances and proceedings of said City duly adopted and taken and a vote and assent of more than two - thirds of the qualified electors of said City voting at a special election duly called and held for that purpose. This bond may be registered in the manner provided by law and thereafter the principal hereof and interest hereon shall be payable only to such registered owner. It is hereby certified, recited and declared that all acts, conditions and things required by law to exist, happen and to 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 other indebtednesses of said City, does not exceed any limit prescribed by the Constitution or statutes of said State, and that provision has been made, as required by the Constitution and sta- tutes of said State, for the collection of an annual tax sufficient EXHIBIT "B" to pay the principal of and interest on this bond as the same become due. The full faith and credit of said City are hereby pledged for the punctual payment of the principal and interest of this bond. IN WITNESS WHEREOF, the City of Rohnert Park has caused this bond to be executed under its official seal, signed by its Mayor and its Treasurer and countersigned by its Clerk, and has caused the interest coupons hereto attached to be signed by its Treasurer and this bond to be dated the 15th day of October, 1968. Countersigned: Treasurer of the City of Rohnert Park City Clerk of the City of Rohnert Park City of Rohnert Park, California General Obligation Bonds of 1968 Dated October 15, 1968 on , 19 Coupon No. Bond No. The sum shown hereon, being interest then due, is payable to bearer (unless the bond be registered), at the main office of the Exchange Bank, Santa Rosa, California, in lawful money of the United States of America. Treasurer of the City of Rohnert Park REGISTRATION This bond is registered pursuant to the statute in such cases made and provided in the name of the registered owner last entered below and the interest and principal thereof are hereafter payable to such owner. DATE OF REGISTRATION NAME OF REGISTERED OWNER SIGNATURE OF CITY TREASURER i<