HomeMy WebLinkAboutReso - CC - 052-1948RESOLUTION NO. 52-49
PROVIDING FOR TFHI ISSUANCE OF �155,000.00 PRINCIPAL
AMOUNT OF CI`i'Y OF BURLINGAME GENERAL OBLIGATION
BONDS OF 1949; PROVIDING FOR THE ISSUANCE OF SAID
BONDS AS "SERIES A"; PRESCRIBING THE AhOUNT, DATE
AND FORM OF SAID "SERIES A" BONDS AND OF THE COUPONS
TO BE ATTACHED THERETO, AND PRESCRIBING THE MATURITIES
THEREOF; FIXING THE MAXIMUM AMOUNT OF INTEREST OF
SAID BONDS; AUTHORIZING THE EXECUTION OF SAID BONDS
AND COUPONS; PROVIDING FOR THE LEVY OF A TAX TO PAY
THE PRINCIPAL AND INTEREST OF SAID AUTHORIZED ISSUE;
AND DIRECTING NOTICE OF SALE OF SAID "SERIES A" BONDS
TO BE GIVEN
WHEREAS all the requirements of law have been complied with
in calling and holding the Special Bond Election held in the City
of Burlingame on April 13, 1948, at which election the proposition
to issue bonds of said city in the principal amount of 6,155,000.00
for the objects and purposes hereinafter stated was submitted to
the voters of said city; and the City Council of said City did
duly and regularly canvass the returns of said election and did as
the result of such canvass determine and declare, that said
proposition received, at said Special Bond Llection, the affirm-
ative 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 said bonds by said City was duly
Iauthorized;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Burlingame as follows:
SECTION 1 - That all of the acts, conditions and things
required by law to exist, happen and be performed precedent to and
in the issuance of said bonds have existed, happened and been
performed in due time, form and manner, as required by law, and
said City of Burlingame is now authorized pursuant to each and
every requirement of law to incur indebtedness in the manner and
form as in this resolution provided.
SECTION 2 - That the bonds of the City of Burlingame in the
aggregate principal amount of 4155,000.00 to be known as City of
Burlingame General Obligation Bonds of 1949" shall issue to pay
the cost of the acquisition, construction and completion of the
following municipal improvement of said City as set forth in the
following proposition, to -wit:
PROPOSITION NO. 2
Shall the City of Burlingame incur a. bonded indebtedness
in the principal amount of $155,000.00 in accordance with the
provisions of the ordinance calling the election at which this
proposition is submitted, for the object and purpose of construct-
ing, completing and equipping a recreational and community center
building in l+ashington Park (formerly Gunst property); the
acauisition, purchase and installation of equipment necessary for
the complete development of recreational facilities in Ray Park,
and the construction and completion of a service building in the
public park in Burlingame Village to be used in connection with
recreational facilities?
SECTION 3 - Said $155,000.00 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.
Said bonds of said authorized issue shall be designated "Series
All, shall be negotiable in form, and of the character known as
serial, and shall be 155 in number, numbered consecutively from
Al to A155, both inclusive, of the denomination of one thousand
($1,000.00) dollars each. Said bonds shall be dated. January 15,
1949 (which is hereby fixed and determined to be the date of issue
of said "Series A" Bonds.) All of said bonds shall bear interest,
from their date until paid at the rate, or rates designated by
the City Council of the City of Burlingame at the time of the sale
of said bonds, but not to exceed three (3) per c ent per annum,
payable semi-annually. 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 which it is attaches
Said interest coupons shall be payable on the 15th day of
January and the 15th day of July in each year until and at the
respective dates of maturity of said bonds (the first coupon of
each bond representing interest from January 15, 1949 to July 15,
1949). Said bonds shall mature and be payable in consecutive
numerical order from lower to higher, as follows, to -wit:
47,000.00 principal amount of bonds shall
mature and be payable on January
15th in each of the years 1950 to
1959, both inclusive;
,4,�8,000.00 principal amount of bonds shall
mature and be payable on January
15th in each of the years 1960
to 1964s both inclusive;
$9,000.00 principal amount of bonds shall
mature and be payable on January
15th in each of the years 1965
to 1969, both inclusive;
Both the principal of and the interest of said bonds shall be
payable at the Office of the Treasurer of the City of Burlingame
in the City Hail at said City of Burlingame, California, in
lawful money of the United States of America.
SECTION 4 - Said bonds shall be substantially in the followi
form, the blanks in said form and in the form of coupons given
below to be filled with appropriate words or figures, namely:
UNITED STATES OF ANERICA
STATE OF CALIFORNIA
80UNTY OF SAN Iy?ATEO
CITY OF BURLINGADE GENERAL OBLIGATION BOND 0
No. A 9t 1,000.00
The City of Burlingame, a municipal corporation, organized
and existing under the Constitution and Laws of the State of
California, hereby acknowledges itself indebted and for value
received, promises to pay to the bearer(or if this bond be
registered, to the registered holder hereof) on the 15th day of
January, 19 , one thousand ($p1,000.00) dollars together with
interest thereon at the rate of per cent per annum until
payment of said principal amount in full, payable semi-annually
on the 15th day of January and the 15th day of July of each year.
Unless this bond is registered such interest, prior to maturity,
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 the interest on this bond are payable
in lawful money of the United States of America at the Office
of the Treasurer of the City of Burlingame, City Hall,
Burlingame, California.
This bond is one of the duly authorized issue of bonds of
said City aggregating one hundred fifty five thousand (P-155,000)
dollars in principal amount, all of like tenor (except for such
variations, if any, as may be required to designate varying
numbers, maturities or interest rates) and is issued under and
pursuant to the Constitution and Statutues of the State of
California, and under and pursuant to the ordinances and proceed-
ings of said City duly adopted and taken and a vote and assent
of more than tyro -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 lave 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 lave, 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 Statutues of said State,
and that provision has been made as required by the Constitution
and Statutytes of said State for the collection of an annual tax
sufficient 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.
This bond may be registered in the manner prescribed by
law and thereafter the principal hereof, and the interest hereon
shall be payable to such registered owner.
IN VTITNEI SS VvHEREOF, the City of Burlingame has cahsed 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 Treasures
and this bond to be dated the 15th day of January, 1949,
Mayor of the City of Burlingame
Treasurer oT the City of Burlingame
Countersigned:
My Clerk of the City of Burlingame
Coupon No.
On the 15th day of , 19
the City of Burlingame will funless the
within mentioned bond be registered) pay
to bearer at the Office of the Treasurer
of said City of Burlingame, California,
Dollars in lawful money of
he ITnited States of America, being six
monthst interest then due on its General
Obligation Bond of 1949, "Series A", dated
January 15, 1949. No. A
reasurer of ie� C y of Burr iri arise
SECTION 5 - The Mayor of said City of Burlingame and the
Treasurer of said City are hereby authorized and directed,
respectively, as such officers, to execute each of said bonds on
behalf of said City, and the City Clerk is hereby authorized
and directed to countersign each of said bonds and to affix the
official seal of said City thereto. Said Mayor and Treasurer
are hereby each, respectively, authorized to cause said bonds
to be signed by their printed, lithographed or engraved facsimile
signatures. Said Treasurer is hereby authorized and directed to
sign each of the interest coupons by printed, lithographed or
engraved facsimile signature. Such signing, countersigning
and sealing as herein provided shall be sufficient and binding
execution of said bonds and said coupons by said City, and all
such signatures and countersignatures, excepting that of the
City Clerk, may be printed, lithographed or engraved. In case
any of such officers whose signatures or countersignatures
appear on the bonds or coupons shall cease to be such officer
before delivery of such bonds to the purchaser, such signatures
or countersignatures shall nevertheless be valid and sufficient
for all purposes the same as if they had remained in office
until the delivery of the bonds.
SECTION 6 - For the purpose of paying the principal and
interest on said bonds, the City Council of the City of
Burlingame shall, at the time of fixing the general tax levy
and in the manner for such general tax provided, levy and
collect annually each year until said 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 coming due for principal and
interest on such bonds, a tax sufficient to pay the annual
interest on such bonds as the same becomes due and also such
part of the principal thereof as shall become due before the
proceeds of a tax levied at the time for making the next general
tax levy can be made available for the payment of such principal.
Said tax shall be in addition to all other taxes levied for
municipal purposes, and shall be collected at the same time and
in the same manner as other municipal taxes are collected, and
be used for no other purpose than the payment of said bonds and
accrued interest. Said taxes as collected shall be forthwith
paid into the fund for which the same were levied and collected
and shall be designated "City of Burlingame General Obligation
Bonds of 1949, Interest and Sinking Fund", and all sums to become
due for the principal of and interest on said bonds shall be paid
from such fund. There shall be likewise deposited in said fund
any moneys received on account of interest accrued on said bonds
from their date to the date of delivery and actual payment of
the purchase price thereof.
SECTIOTi 7 - There is hereby created and established a fund
to be known as the "1949 Recreation Construction Fund" which
shall be kept by the Treasurer of said City,and all proceeds of
the sale of the bonds (other than accrued interest received on
the sale of said bonds) shall be placed by the Treasurer to the
credit of said fund and shall be kept separate and distinct from
all other municipal funds and shall be applied solely to the
purposes and the objects specified in the proposition set forth
in Section 2 of this resolution.
Any premium received upon the sale of said bonds issued
shall be placed in such fund.
SECTION 8 - 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 fille d in to comply with the provisions hereof
and to procure their execution by proper officers and to deliver
them, when so executed to the Treasurer of the City who shall
safely keep the same until they shall be sold by the said City
Council, whereupon he shall deliver them to the purchaser or
purchasers thereof, on receipt of the purchase price. Said
Mayor, Treasuer and City Clerk are further authorized and directei
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 certifying
to the genuineness and due execution of said bonds and further
certifying to all facts within their knowledge relative to any
litigation which may or might affect said City, said officers
or said bonds, and said Treasuer is further authorized and
directed to make, execute and deliver to the -purchaser of said
bonds a Treasurerts 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. Any purchaser or subsequent taker or
holder of said bonds is hereby authorized to rely upon any such
signature and no -litigation certificate and Treasurer's receipt
with respect to said bonds executed pursuant to the authority of
this resolution.
SECTION 9 - All of said bonds shall be offered for public
sale by the City Council of the City of Burlingame on the 15th
day of November, 1948, and the City Clerk is hereby authorized
and directed to cause notice of the sale of the said bonds to be
published once in the Burlingame Advance -Star, the official
newspaper of said City, and such notice shall be substantially
in the following form, to -wit:
OFFICIAL NOTICE OF SALE
OF BURLINGAME GENERAL OBLIGATION BONDS OF 1949.
Notice is hereby given that sealed proposals will be
received by the City of Burlingame, State of California, at the
Office of the City Clerk thereof, in the City Hall of said City
of Burlingame, California, on
Monday, November 15, 1948
at the hour of 11:00 a.m. (C.D.S.T.) for the purchase of
A155,000.00 principal amount of bonds of said City designated
"City of Burlingame General Obligation Bonds of 1949, Series A",
more particularly described below. Said "Series A" bonds were
authorized at an election held in the said City of Burlingame on
April 13, 1948.
ISSUE: $155,000.00 consisting of 155 bonds of the
denomination of .1,000.00 each, numbered
Al to A155, inclusive, all dated January
15, 1949, and designated "Series A".
MATURITIES: SAID bonds mature serially in consecutive
numerical order, from lower to higher,
�7,000.00 principal amount on January 15th
in each of the years 1950 to 1959, both
inclusive,
$8,000.00 principal amount on January 15th
in each of the years 1960 to 1964, both
inclusive, and
$9,000.00 principal amount on January 15th
in each of the years 1965 to 1969, both
inclusive, without option or prior payment.
INTEREST RATE: 14aximum three (3) per cent per annum, payable
semi -Annually on January 15th and July 15th
in each year. Bidders must specify the
rate of interest which the bonds offered
for sale shall bear. Bidders will be
permitted to bid different rates of interest
and to split rates irrespective of the
maturities of said bonds. The interest rate
in the bid must be in a multiple of one -
quarter of one per cent per Annum, payable
semi-annually.
PAYDENT: Both principal and interest payable in law-
ful money of the United States of America
at the Office of the Treasurer of said City,
in Burlingame, California.
REGISTRATION: Coupon bonds will be issued by the City.
Such bonds are registerable only as to both
principal and interest.
PURPOSE OF ISSUE: "Series A" bonds are authorized and will be
issued for the purpose of acquiring, con-
structing and completing municipal improve-
ments for recreational purposes pursuant to
vote of more than two-thirds of the voters
voting for said improvements at a special
election.
SECURITY: Said bonds are rIeneral obligations of the
City of Burlingame and said City has power
and is obligated to levy ad valorem taxes
for the payment of said bonds and the inter-
est thereon upon all property within the
City of Burlingame subject to taxation by
said City (except certain intangible persona:
property, which is taxable at limited rates)
without limitation of rate or amount.
TAX EXEMPT STATUS: In the event that prior to the delivery of
the bonds the income received by private
holders from bonds of the same type and
character shall be declared to be taxable
under any Federal Income Tax Laws either
by the terms of such laws or by the ruling
of a Federal income tax authority or
official which is followed by the Bureau of
Internal Revenue, or by decision of any
Federal Court, the successful bidder may,
at his option, prior to the tender of said
bonds by the City, be relieved of his
obligation under the contract to purchase
the bonds and in such case the deposit
accompanying his bid will be returned.
LEGAL OPINION: The legal opinion of Messrs. Orrick, Dahl-
quist, Neff and Herrington, of San Francisco;
California, approving the validity of said
bonds will be furnished to the successful
bidder without charge.
TERMS OF SALE
Highest Bid: The bonds will be awarded to the highest
and best bidder considering the interest rate or rates specified
and the premium offered, if any. The highest bid will be
determined by deducting the amount of the premium bid, if any,
from the total amount of interest which the City would be re-
quired to pay from the date of said bonds to their respective
maturity dates at the coupon rate or rates specified in the bid,
and the award will be made on the basis of the lowest net
interest cost to the City. The lowest net interest cost shall
be computed b etween the dates aforesaid according to standard
bond interest tables. The purchaser must pay accrued interest
from the date of the bonds to the date of delivery. The cost
of printing the bonds will be borne by the City.
Right of Rejection The City of Burlingame reserves the right,
in its discretion, to reject any and all bids and to waive any
irregularity or informality in any bid.
Prompt Award: The City Council of the City of Burlingam
will take action awarding the bonds or rejecting all bids not
later than 24 hours after the expiration of the time herein
prescribed for the receipt of proposals, providing that the
award may be made after the expiration of the specified time if
the bidder shall not have given to the City Council notice in
writing of the withdrawal of such proposal.
Prompt Delivery: Delivery of said bonds will be made to the
successful bidder at the Office of the City Treasurer in
Burlingame, California, as soon as the bonds can be prepared,
which it is estimated will. be about January 15, 1949.
Right of Cancellation: The successful bidder shall have the right,
at his option, to cancel the contract of purchase if the City
shall fail to tender the bonds for delivery on or before February
15, 1949, and in such event the successful bidder shall be
entitled to the return of the deposit accompanying, his bid.
Form of Bid: All bids must be unconditional; for not less
than all of the bonds hereby offered for sale; and for not less
than the par value thereof and accrued interest to date of
delivery. Such bids, together with bidder's check, must be
enclosed in a sealed envelope addressed to the City Council of
the City of Burlingame, in care of the City Clerk, City Hall,
Burlingame, California, and endorsed, "Proposal for City of
Burlingame General Obligation Bonds of 1949, Series A".
Bid Check: With each bid must be submitted a certified
check or cashier's check for P5,000.00 drawn on a bank or trust
company transacting; business in the State of California, payable
to the order of the Treasurer of the City of Burlingame, to
secure the city from any loss resulting from the failure of the
bidder to comply with the terms of his bid. In addition bidders
are requested (but not required) to supply an estimate of the
total net interest cost to the City on the basis of their
respective bids, which shall be considered as informative only
and not binding on either the bidder or the City. Checks of the
unsuccessful bidders will be returned by the City by mail upon
the award of the bonds. No interest will be paid upon the
deposit made by the successful bidder.
FINANCIAL AND ECONOMIC DATA
The City of Burlingame is an incorporated City of the 6th
class, having been incorporated in 1908.
A recent special Federal census was taken, and the report of
the Department of Commerce shows the population of the City to be
18,882.
The present assessed valuation of all taxable property within
the City is �;21,658,410.00, and the total bonded indebtedness
(not including this issue) is 145,000.00.
Further information relative to the financial condition of
the City of Burlingame will be furnished to any bidder upon re-
quest by the Treasurer of said City.
There is no controversy or litigation pending or threatened
concerning the validty of the above issue, the corporate exist -
once of the City of Burlingame, or the title of the officers of
said City to their respective offices.
Dated
City Clerk o t o City o
Burlingame
SECTION 10 - This resolution shall take effect from and
after its adoption.
Passed and adopted this 25th day of October, 1948.
AYES: COUNCILMEN: Dahl -harper -Hunt -Love -Simonds- _
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: None
Mayor of the MtY of
Burly ngame
ATTEST:
i`ity Clerli t. e Cj. y of Burl..ngame
Presented to and approved by me this .2T�° day of
r , 1948.
Mayor of the C1t�riingame