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Ordinance 407 q:Jt) L/O/7 r--.-"---'---'~---- ~_.__.m._.__.~.., __'__'_'~__"_ _._..,.----...--__.,...-_... ..._~.__ ____ ORDINANCE No.~v7 AN ORDINANCE AMENDING ORDINANCE NO. 404 OF THE CITY OF GILROY, PROVIDING FOR 'l'HE ISSUANCE OF $29,000 PRINCIPAL AMOUNT OF WATER MAIN REPLACEMENT BONDS OF 1934 OF THE CITY OF GILROY. .... - - - - of WHEREAS by Ordinance No. 404/the City of Gilroy duly passed and adopted on the 22nd day of May, 1931.~, the issuance of $29,000 principal amount of Water Main Replacement Bonds of 1934 of said City of Gilroy was authorized; and ~ WHEREAS said bonds, after due advertisement, have been sold to the highest and best bidder therefor, who agreed to purchase the same bearing interest at rates substantially less than the rate provided in said Ordinance No. 404, and it is advisable that s aid Ordinance No. 404 be amended to prescribe the terms and conditions of said bonds as specified in the bid of the successful bidder therefor, Now, therefore, BE IT ORDAINED BY THE CO~IDN COUNCIL OF THE CITY OF GILROY, as follows: Section 1. Section 2 of Ordinance No. 404 of the City of Gilroy, duly passed and adopted on May 22, 1934, is hereby amended to read as follows: "Section g. That said bonds shall be issued as hereinafter set forth, and shall be sold in a cco.rdance with law and with the provisions of this ordinance. Said bonds shall be negotiable in form, and of the character known as serial, and shall be twenty-nine )29) in number, numbered consecutively from 1 to 29, both inclusive, and all of said bonds shall be of the denomination of $1000 each. All of said bonds shall bear interest from their date until paid at the -1- following rates, to wit: Bonds numbered 1 to 10, inclusive, shall bear interest at the rate of four (~) per cent. per annum, payable semiannually, and bonds numbered II to 29, both inclusive, shall bear interest at the rate of three and one- half (3-1/2) per cent. per annum, payable semiannually. Such interest shall be evidenced by coupons attached to each bond, and each of said coupons shall represent six monthst interest on the bond to which it is attached. The principal and inter- est of said bonds shall be payable at the office of the Treasurer of said City of Gilroy in such funds as are on the respective dates of payment of the principal thereof and interest thereon 1ega,1 tender for debts due the United States of America. All of said bonds shall be dated July 1, 1934. One of said bonds of the denomination of $1000 shall mature and be payable in consecutive numerical order from lower to higher on JUly lst in each of the years 1935 to 1945, both inclusive, and two of said bonds of the denomination of $1000 each shall mature and be payable 'in consecutive order from lower to higher on July lst in each of the years 19~6 to 1954, both inclusive. Said interest coupons shall be, payable on the first day of January and first day of, July in each year until and at the respective dates of maturity of said bonds, the first coupon on each bond being payable on January 1, 1935. " Section 2. Section 3 of said Ordinance No. 404 of the City of Gilroy, duly passed and adopted May 22, 1934, ill hereby amended to read as follows: "Seotion 1- Said bonds shall each be substan- tially in the f.ollowing form, the blanks in said form and in the form of coupon given below, to be filled with appropriate words or figures, namely: -2- 4~~ ., " "'- UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF BANTA CLARA No. $1000 aITY OF GILROY WATER MAIN l'{EPLACElJl:ENT BOND OF 1934 ~ For value received, the CITY OF GILROY, a municipal corporation organized and existing under the constitution and laws of the State of California, hereby acknowledges itself in- debted and promises to pay to the bearer on the 1st day of July 19 , One Thousand Dollars ($1,000.00) with interest thereon .. at the rate of per cent. per annum, payable semiannually on the first day of January and the first day of July of each year, on presentation and surrender of the coupons hereto attached as they respectively become due; both principal and interest being payable in such funds as are on the respective dates of payment of such principal and interest, legal tender for debt's due the United States of Amerioa, at, the office of the Treasurer of said city. This bond is issued under and pursuant to the constitu- tion and statutes of the State of California, and under and pur- suant to the charter, ordinances and proceedings of said city duly adopted and taken and a vote and assent of more than two-thirds of all the qualified electors of said city voting at a special election duly and legally called and held for that purpose. 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 ....3- manner as required by law, and that the amount of this bond, together with all other indebtedness of said city does not exceed any limit prescribed by the constitution or statutes of said state or the charter of said city, and that provision has been made as required by the constitution and statutes of said state for the collection of an annual tax sufficient to pay the principa.1 of, and interest on, this bond as the same become due. The full f ai th and credit of said city are hereby pledged for the punctual pa.yment of the principal and interest of this bond. . IN WITNESS WHEREOF, said City of Gilroy has caused this bond to be executed under its corporate seal, signed by ite 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 first day of July, 1931~. ~~tn ayor 0 rt Ci ty of Gilroy Countersigned: ~ity Treasurer of the City of Gilroy C1 ty Clerk of the 6i ty of Gilroy. ...--...... The interest coupons shall be signed. by the Treasurer of said city, by his engraved or lithographed signature, and be substantially in the following form: -4- ~ ;< 45U (Form of Coupon) On the first day of the City of Gilroy, Oa1ifornia, will pay to the bearer at the office of the Treasurer of said ,19 - City Dollars $ in such funds as are on s aid. date legal tender for debts due the United States of America, being six months' interest then due on its "Water Main Replacement Bond of 193411 No,. Treasurer of the City of Gilroy Ooupon No. " - S ection ~. In all other respects said Ordinance No. 404 of the City of Gilroy is hereby ratified, confirmed and approved. Section 4. This ordinance shall take effect immediately. DULY PASSED AND ADOPTED by the Oornmon Council of the Oity of Gilroy this 4th day of September, 1934, by the following vo t e : Ayes: Noes: Absent: Approved: Mayor Attest: City 01erk. ....~.... ..I C1ER.KfS CERTIFIOATE . I hereby certify that the foregoing Ordinance was duly passed and adopted as an ordinance of the City of Gilroy, at a meeting of the Common Council of the City of Gilroy held on the 4th day of September, 1934, by the following vote: Ayes: Noes: Absent: And I further certify that said Ordinance was presented to, and signed and approved by the Mayor of said City of Gilroy on the day of September, 1934. I further certify that the foregoing Ordinance is spread upon the records of the Common Council of the City of Gilroy, California, at page of and in Ordinance Book of said City, at page t I WITNESS my hand and the seal of said city this ~ day of September, 1934. Clerk of the City of Gilroy,Oa1ifornia ~ .~ j ~ 4 ~