Loading...
Resolution 71 ~~,~ .~ t i<< 1 RESOLUTION NO. 7 I c PROVIDING FOR THE ISSUANCE OF $31,000 PRI~WIPAL AMOUNT OF "CITY OF GILROY lVIU1\lICIPAL AUDITORIUM BONDS OF 1936"; PRE- SCRIBING THE DATE AND li':JRliI OF' SAID BONDS AND OF TEE COUPONS TO BE ATTACHED THEHETO; FIXING THE IIIAXIMUM RATE OF IN'[iEREST ON SAID BONDS, AND PEESCHIBING THE MAil'URI'rIES THEREOF; AUTHOR- IZING THE EXECUTION OF SAID BONDS AND COUPONS, AND PROVIDING FOR THE LEVY OF A TAX TO PAY TEE ?RINCIPAL AND INTEHJ~ST THERE- OF; AND DIRECTING NOTICE OF SALE OF SAID BONDS TO BE GIVEN. ------- c vVHEREAS, all the requirements of law have been complied with in calling and holding the special election held in the City of Gilroy on the 27th day of October, 1936, at which election the proposition to issue bonds of said City in the principal sum of $31,000 for the purpose of acquiring, constl~cting and completing said municipal improvement of said City of Gilroy, to wit: A municipal auditorium, assembly and convention hall, including all lands, building, furniture, fixtures and equipment necessary for municipal auditorium, assembly and convention hall purposes, was submitted to the voters of said City; and the Com~on Council of said City did meet and canvass the returns of said election on Monday, the 2nd day of November, 1936, and did as the result of such canvass determine and declare, and do hereby certify, that said proposition received at said special election the affirmative vote of more than two-thirds of all of the voters ,.. ..~ voting at said election, and was thereby carried and adopted by said election, and the issuance of all of said bonds by said City was duly authorized, -1- L.> -, ') d .. w - -.... ~'1 ~, THEn3FORE, BE IT RESOLVED by the Common Council of the City of Gilroy, as follows: ,J Section 1. That the bonds of the City of Gilroy in the aggregate principal sum of $31,000, to be known as the "City of Gilroy Municipal Auditorium Bonds of 1936," shall issue to pay the cost of the acquisition, construction and completion of the following municipal improvement of said City, to wit: A muni- cipal auditorium, assembly and convention hall, including all lands, building, furniture, fixtures and equipment necessary for municipal auditorium, assembly and convention hall purposes. Section 2. That said bonds shall be issued as herein- after set forth, and shall be sold in accordance with law at not less than their par value and accrued interest. Said bonds shall be negotiable in form, and of the character known as serial, and j shall be thirty-one (31) in number, numbered consecutively from 1 to 31, both inclusive, of the denomination of $1000 each. All of said bonds shall bear interest from their date until paid at the rate or rates designated in the bid of the successful bidder at the time of the sale of said bonds, but not to exceed four (4) 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 months'interest on the bond to vmich it is attached. The principal and interest of said bonds shall be payable at the office of the Treasurer of said City of Gilroy in lawful money of the United States. Said bonds shall be dated November 1, 1936, and shall mature and be payable in consecutive numerical order, from lower to higher, as follows, to wit: J One (1) of said bonds shall mature and be payable on November 1st in each of the years 1937 to 1965, both inclusive; and Two (2) of said bonds shall mature and be payable on November 1, 1966. -2- .' ,') 1"-"':' c~ i) g i} r ~ Said interest coupons shall be payable on the 1st day of May and the 1st day of November in each year until and a t the respective dates of maturity of said bonds, the first coupon on each bond being payable May 1, 1937. Section 3. Said bonds shall each be substantially in the following form, the blanks in said form and in the form of coupon given below to be filled with appropriate words or figures, namely: UNITED STATES OF AMERICA STATE OF CALIFORNIA Santa Clara County CITY OF GILROY MUNICIPAL AUDITORIUM BOND OF 1936 No._ $1000 [ The City of Gilroy, a municipal corporation organ- ized and existing under the Constitution and laws of the Sta te of California, hereby acknowledges itself indebted and for value received promises to pay to the bearer (or if this bond be registered, to the registered holder hereof) on the 1st day of November, 19 , ONE THOUSAND (1000) DOL- LARS, together with interest thereon at the rate of per cento per annum, payable semiannually on the first day of May and the first day of November of each year. Unless this bond is registered such interest shall be payable only on presentation and surrender of the proper interest 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 at the office 0 f 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 pursuant 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 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 n~nner 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 .., -,- 74 1'0 , ..... I........\..,.J ..-... ......... to ~"W~ 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 principal of, ar~ 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. J 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 ovmer. IN WITNESS 1NIIEREOF, said City of Gilroy has caused this bond to be executed uncer its corporate seal, signed by its Mayor and its Treasurer, and countersig~(led 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 November, 1936. Mayor of the City of Gilroy City Treasurer of the City of Gilroy Countersigned: City Clerk of the City of Gilroy J The interest coupons shall be signed by the Treasurer of said City by his engraved or lithographed signature, and shall be substantially in the following form: $ Coupon No. On the first day of , 19 the City of Gilroy will (unless the within mentioned --- bond be registered) pay to bearer at the office of the Treasurer of said City Dollars, ~ in lawful money of the United States, being six --- months' interest then due on its Municipal Auditorium Bond of 1936 . . . . . . . . . . . . . : . . . . . . .No.___ Treasurer of the City of Gilroy .~ -4- ,,-~ ;1) F . ~) t ",t r .i.. Sectio~. The W~yor of said City of Gilroy and the Treasurer of said City are hereby authorized and directed, respectively, as such officers to sign each of said bonds on behalf of said City, and the City Clerk is hereby authorized and directed to court ersign each of said bonds and to affix the corpo- rate seal of said City thereto; and the said Treasurer is hereby authorized and directed to sign each of the interest coupons, either by his own hand or by printed, lithographed or engraved facsimile signature; and such siGning, countersigning and sealing shall be a sufficient and binding execution of said bonds and cou- pons by said City. Secti-:)n 20 For the purpos e of paying the principal and interest of said bonds the Common Council of said City of Gilroy ( shall, at the time of fixing the gener~l tax levy and in the manner for such general tax levy provided, levy and collect annual- ly each year until such bonds are paid or until there shall be a sum in the treasury of said City set apart for that purpose, to meet all sums cominf; due for princ1pal and interost on said bonds, a tax sufficient to pay the annual inters st on said bonds, and also such part of the principal thereof as shall become due before the time for fixing the next general tax levy. Said tax shall be in addition to all other taxes levied for municipal purposes, and shall be collected at th e same time and in the same manner as other r ~ municipal taxes are collected, and as collected shall be forthwith paid into the fund for wh:Lch the same was levied and collected. Such fund shall be designated "1936 Municipal Auditorium Bond Fund,1l and all sums to be come due for the principal and interest on said bonds shall be paid from such fund. There shall likewise be de- posited in said fund any moneys received on a ccount of interest -5- .. J. I=f [! i) , U w - ---. w accrued on said bonds from their date to the date of delivery and actual payment of the purchase price thereof. ., wi. Section 6. There is hereby created and established a fund to be knovm as "1936 Municipal Auditorium Construction Fund," which shall be kept by the Treasurer of said City~ and all proceeds of sale of any of said bonds (except accrued interest received on such sale) shall be placed by the Treasurer to the credit of said fund and shall be kept separate and distinct from all other municipal ~ll1ds~ and shall be applied exclusively to the acquisition, con- struction and completion of the aforesaid municipal improvement. Section 1. 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 thereof to be filled in to comply with the provisions hereof,.J 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 shall be sold by the Common Council; whereupon he shall deliver them to the purchaser or pur- chasers thereof on receipt of the purchase price therefor. Section 8. All of said bonds shall be sold by this Common Council on the 16th day of November ~ 193~~ and said City Clerk is hel'eby dir ected to publish once in "The Gilroy Evening Dispatch," the official newspaper of said City of Gilroy~ a notice of sale in substantially the following form, to wit: .. J -6- 7.-'~. :"~><:' :$-i- , [ OFFICIAL NOTICE OF SALE OF CITY OF GILROY ~IDNICIPAL AUDITORIUM BONDS OF 1 9 3 6 [ NOTICE IS tillREBY GIVEN that sealed bids will be received by the City Clerk of the City of Gilro~, State of California, at his office in said City, until five O'clock, P .lvI., of Jilqnday ., the 16th. _ day of November- 1936 , for the purcha~Je of $31,000 principal amount of City of Gi~roy Municipal Auditorium Bonds of 1936. Said bonds constitute an issue of bonds of said City, known as the "City of Gilroy Municipal Auditorium Bonds of 1936," aggregat- ing in principal amount the sum of $31,000, consisting of 31 bonds of the denomination of $1,000 each, numbered con- secutively from 1 to 31, inclusive, all dated November 1, 1936. Bidders must specify the rate of interest which the bonds hereby offered for sale shall bear and said bonds will be awarded to the highest and best bidder, considering the rate specified and the premium offered, if any. Bidders will be permitted to bid different rates of interest for different maturities of said bonds. The interc;st rate stated in the bid must be in a multiple of one-quarter of one per cent. per annum, payable semiaru1ually, and the interost rate shall not exceed four (4) per cent. per annum, payable semiannually on May 1st and November 1st of each year. Said bonds mature arid are payable in consecutlve numerical order, from lower to higher, one (1) on November 1st in each of the years 1937 to 1965, both inclusive, and two (2) on November 1, 1966. / With each bid must be submitted a certified check or Cashier's check in the sum of $1500, payable to the order of the Treasurer of the City of Gilroy, as guarantee that the bidder will purchase and pay for said bonds in the event his bid i~ accepted. Bids will be received for all or any of said $31,000 principal amount of said bonds at not less than their par value and accrued interest as specified. All bids must be unconditional, and, together wi th bidder's check must be enclosed in a sealed envelope endorsed "Proposal for City of Gilroy Municipal !uditorium Bonds of 1936." The City of Gilroy reserves the right to reject any and all bids. The legal opinion of Messrs. Orrick, Palmer & Dahlquist of San Francis co, Cali fornia, approving the validity 0 f said bonda will be furnished to the successful bidder ~~thout charge, together ~~th a certified copy of the transcript of proceedings. c Said bonds were authorized at an election held on October 27, 1936 (the vote being 611 "Yes" and 52 "No") for the acquisition, construction and completion of a municipal audi toriurn, assembly and convention hall, a,ll as set forth in the proposition as submitted at said election. The City of Gilroy was incorporated March 12th 1870 . The population (Census of 1930) was 3502 ; the present conservative estinmteis 3800 . The assessed valuation of all taxable property in said City ls $ 2.916,042 and the total bonded indebtedness (not including this issue) is $ 171,900.00 . The tax collection record of said City is as follows: -7- ') :37~ .:~ -- '"""'" - Total amount Amount of City Amount of all of City taxes taxes uncollected City taxes un- Fiscal levied for each at the end of collected as of Year fiscal year each fiscal year July 1, 1936 j 1931-32 $ 36, 068. 18 $ 807. 40, $ 445. 35 1932-33 $ 30, 799. 52 $ 988. 25 $ 607. 05 1933-34 $ 28, 674. 08 $ 1162. 47 $ 447. 64 1934-35 $ 28, 005. 48 $ 903. 12 $ 545. 13 1935-36 $ 29, 286. 27 $ 672. 09 $ 672. 09 Further lnformation re la t i v e to the financia 1 condition of the City will be furnished to any bidder upon request. There is no controversy or litigation pending or threaten- ed concerning the validity of the above issuel the corporate existence of the City or the title of the officers to their respective offices. This notice is given pursuant to resolution of the Common Council of the City of Gilroy adopted November 2, 1936. E. F. ROGERS City Clerk of the City of Gilroy, California. j Section 9. rnis resolution shall take effect from and after its passage and approval. PASSED AND ADOPTED this 2nd day of November, 1936, by the following vote: Aye s; Counc ilman George C. :~ilias Jr, Ben stewart, George M. Mason, Harry L. Yiill~inson, Not Heiner. Noes: Councilman None Absent: Councilman J. H. Rush. -8-