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HomeMy WebLinkAboutRESO 4095• WJML:KIJ:mf 2/618 4OC RESOLUTION NO. 4095 ORIGINAL A RESOLUTION PROVIDING FOR ISSUANCE OF BONDS AND DIRECTING THE LEVY OF ANNUAL ASSESSMENTS TO PAY THE PRINCIPAL AND INTEREST THEREOF CITY OF PALO ALTO CALIFORNIA AVENUE DISTRICT OFF-STREET PARKING PROJECT NO. 65-9 $390,000 BONDS OF 1968 RESOLVED, by the Council of the City of Palo Alto, California, that WHEREAS, the City of Palo Alto, State of California, herein called City, is a Charter City, duly organized and existing under and pursuant to the provisions of the Constitution of the State of California; WHEREAS, by the terms of said Charter, the City is -empowered to make and enforce all laws -and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in said Charter and said Constitution, arWto exercise any and all rights, powers and privileges heretofore or hereafter established, granted and prescribed by any law of the State, said Charter, or by any other lawful authority, which a municipal cor- poration might or could exercise under said Constitution, including all powers not in conflict with the provisions of said Charter now or hereafter granted to General La* cities, and wherdin it is provided that the enumeration in said Charter of any particular power shall not be held to be exclusive of or any limitation upon said general grant of powers; WHEREAS, the acquisition, construction, ownership, manage- ment, maintenance, operation, repair, addition, extension and improvement of off-street automobile parking facilities for public and private purposes and the issuance of bonds to pay the cost thereof is a municipal affair; and WHEREAS, Title 13 of the Palo Alto municipal Code was adopted pursuant to the power and authority vested in said Council by and under the terms and provisions of said Charter, and there are no limitations in regard thereto expressly or otherwise provided in said Charter or in the Constitution of the State of California, other than Section 17 of Article XIII, as to which full compliance has been had by the Council in the proceedings leading up to the adoption of this resolution; NOW, THEREFORE, IT I3 HEREBY DETERMINED and ORDERED, as follows: 1. Conditions Satisfied. All acts, conditions and things required by the Oonstitution.and laws of the State of California and the Charter of said City and the Palo Alto Municipal Code to be done, to happen and to be performed precedent to and in the issuance of the bonds, have been done, have happened and have been performed in regular and due form, time and manner as required by law, and the Council is now authorized to issue bonds in the manner and form as in this resolution provided. 2. Issuance of Bonds. Bonds shall be issued in accordance with Section 13.16.150 of Chapter 13.16 of Title 13 of said Code (Bond Plan G) for the purpose of paying a portion Of the cost of the acquisition, construction, completion, repair and financing of the improvements, works and property described in the proceedings had pursuant to Resolution of Intention No. 3950, adopted by this Council on January 3, 1967, shall be in the total principal amount of Three Hundred Ninety Thousand Dollars 1$390,000), shall be designated "City of Palo. Alto California Avenue District Parking Bonds of 1968, Series 65-9", shall be dated April 22, 1968, shall be negotiable in form and of the character known as "serial", and at the option of the bond purchaser shall be either 390 in number, numbered consecutively from 1 to 390, inclusive and of the denomi- nation of $1,000 each; or shall be 78 in number, numbered consecu- tively from 1 to 78, inclusive, and of the denomination of $5,000 each. 2 • • Bidders for said bonds must indicate in the bid proposal whether the denomination of bonds will be $1,000 or $5,000 as pro- vided herein. A bid which is silent as to number and denomination shall be conclusively presumed to be for bonds in the denomination of $5,000 each. 3. Maturities. The bonds shall mature serially in the order of serial numbers and have maturity dates on July 2 in each of the years and amounts, as follows: Bond Numbers LBoth Inclusive) Denomination $i,000 $5,000 • 1 11 2 311 61 71 91 101 116 146 161 176 191 211 231 251 271 291 3411 366- 10 20 40 6o 80 190 115 130 145 16o 190 210 230 250 290 340 390 1, 2 5, 6 7, 8 9, 10 11, 12 13, 14 15, 16 17, 18 19, 20 21 - 23 24 - 26 27 - 29 30-32 33 - 35 36 - 38 39 - 42 43 - 46 47 - 50 51-54 55 - 68 3. - 68 - Ti7 69 74 Principal Year of Cumulative Amount Maturity Callable Bond Years $10,000 1969 Non -Callable 11.9440 10,000 1970 " It 33.8880 10,000 1971 it " 5. 20 10,000 1972 1067.837760 10,000 1973 et I; 159-. 7200 10,000 1974 It n 221.6640 10,000 1975 't " 293.6080 10,000 1976 n " 375.5520 10,000 1977 0 n 467.4 0 10,00o 1978 " n 569.0 400 15,000 1979 " " 737.3560 15,000 1980 It It 920.2720 15,000 1981 " 8 1118.1880 15,000 1982 " " 1331.1040 15,000.. 198 Is it 1559.0200 15„000 1'e'. It It 1801.9360 20,000 1985 2145.8240 20,000 1986 an or after 2509.7120 20,000 198 July 2, 1977 2893.6000 20,000 z•:: 20,000 1989 3297.4880 3721.3760 25,000 1990 276.2360 25,000 1991 " 4856.0960 25,000 1992 n 5460.9560 25,000 1993 6090.8160 4. Interest. The bonds shall bear interest at the rate of not to exceed six percent (6%) per annum from their date until paid. Said interest shall -be payable on January 2,1969 and semiannually thereafter on the 2nd day of July and the 2nd day of January of each year to the date of maturity. Attached to each said bond shall be interest coupons payable at the times_the respective interest payments thereon become due and for the amount thereof, as determined from the accepted bid for the purchase of the bonds. 3 so called, as shown by the records in his office. Notice of redemp- tion of any registered bonds shall be.given to the registered owners by, registered mail at least thirty (30) days prior to the date of call. No interest shall accrue on said bonds called for redemption or on any interest coupons thereon after the redemption date speci- fied in said notice. 7. Form of Bonds and Coupons. The form of the bonds, and of the interest coupons which shall be attached thereto at the time of their issuance, and the form of endorsement on the bonds for regis- tration shall be substantially as provided in Exhibit "A" hereto attached and made a part hereof by this reference. 8. Interest After Maturity. If, upon presentation at maturity, payment of the bonds herein authorized or of any interest coupons thereof, is not made in full accordance with the terms hereof, the bonds or coupons, or both, shall continue to bear interest at the rate stated in the bond until paid in full. 9. Where Bonds Payable. The principal and interest on the bonds herein authorized shall be payable in lawful money of the United States of America at the Bank of America N. T. & S. A., Main Office,, San Francisco, California, the Paying Agent and Registrar of the City, or at the designated correspondent banks of said Pay- ing Agent in New York, New York, or Chicago, Illinois._ 10. Execution of Bonds and Coupons. The bonds herein author- ized shall be executed on behalf of the City by the Mayor and by the City Clerk (hereinafter called "Clerk") by their printed, engraved or lithographed signatures and countersigned.by the manual signature of the Treasurer, who shall affix thereto the corporate seal of the City (which may be by its printed, engraved or litho- graphed facsimile seal) and the interest coupons shall be executed and authenticated by the printed, engraved or lithographed. facsimile signature of the Treasurer, who'by such signatures shall ratify the execution of the same. 11. Registration. Any bond is subject'to registration either 5 • • Bidders for the purchase of the bonds must specify the rate or rates of interest which the bonds shall bear. Bidders may bid different rates of interest irrespective of the maturities of the bonds, provided, that the spread from the lowest to the highest rate shall not exceed two and one-half percent (2-1/2%) per annum. The interest rates stated in the bid may be in multiples of any fraction of one percent (1%). Bidders shall not be permitted to cause the interest for a given period to be split and represented by more than one coupon. 5. Callable Bonds. Bonds maturing by their terms on or before July 2, 1985 shall not be subject to call prior to their respective fixed dates of maturity. Bonds maturing on or after July 2, 1986 shall, by their terms, be subject to call and redemption, at the option of the City, as a whole or in part, in inverse numerical order on July 2, 1977, or on any interest date thereafter and prior to their respective dates of maturity, at the principal amount thereof and acrued interest thereon to the date of redemption, plus a redemption premium equal to one-half of one percent (1/2 of 1%) of such principal amount plus one -quarter of one percent (1/4 of ]%) for each whole twelve (12) months, and for any remaining fraction of a twelve (12) month period, from the date fixed for redemption to the maturity date of said bonds; provided, however, that in no event shall the premium paid on prior redemption of any bond exceed the coupon rate applicable to said bond. 6. Notice,of Call. In the event of call of any bond for redemption, the City Treasurer (hereinafter called "Treasurer") shall cause thirty (30) days prior notice thereof to be given by mail, and in addition shall publish such notice once at least thirty (30) days prior to the date of call in a financial paper published in San Francisco or in a financial paper published in New York. The Treasurer shall mail such notice by registered mail thirty (30) days prior thereto to the last -known holder or holders of any bearer bonds 14 • • as to principal and interest or as to principal only, upon written request of the bondholder and presentation of the bond to the Registrar for registration. (a) Principal and Interest. Upon presentation and request for registration as to principal and interest, the Registrar shall cut off the coupons and destroy them. He shall maintain a book in which he shall enter the numbers of all registered bonds and the names and addresses of the owners of registered bonds. Until such registration is cancelled as herein provided, the interest and princi- pal thereof shall be payable only to the registered owner. There shall be provided on the back of each bond a suitable blank showing the name and address of the registered owner, the date of registration or transfer, the type of registration and the signature of the Registrar. (b) Principal Only. The bonds may be registered as to principal only. When bonds are registered as to principal only, a notation shall be made to that effect in the registration book and on the bond. The coupons shall not be detached and the interest on such bonds shall be paid upon presentation `of such coupons in the same manner as unregistered bonds. Principal, however, shall be paid only to the registered owner upon presentation of such bond; (c) De -re istration. The registration of any unmatured bond may be cancelled upon written request of the registered owner. Upon receipt of such request, the Registrar shall cancel the regis- tration in the bond registry book and on the back of the bond, cause all unmatured coupons to be reprinted and re -attached -'o the bond, and deliver the bond and attached coupons to the owner. Until such bond is re -registered, the principal thereof shall be payable to bearer, and the interest shall again be paid upon surrender of pro- per coupons. The cost of reprinting the coupons shall be paid by the person requesting de -registration; and (d) Re -registration. De -registered bonds are subject to re -registration in the same manner as previously unregistered bonds. 12. Proceeds of Bonds. There is hereby created a special fund to be designated "City of Palo Alto California Avenue District Parking Bonds of 1968, Series 65-9 Construction Fund", herein called "Construction Fund", which shall be maintained by the City Controller (hereinafter called "Controller") as a separate account, distinct from all other funds of the City. The proceeds of the bonds, or any part thereof, including the premium, if any, sold by theCity, shall be deposited in said Fund and shall be expended to pay the costs and expenses of the acquisitions and improvements described in the proceedings and expenses incidental thereto. Interest accrued on said bonds from their date to the date of delivery shall be de- posited in the Bond Fund. 6 • Any unexpended bond proceeds remaining after the completion of the project shall be paid into the Bond Fund, or may be used to pay the cost of additional acquisitions and improvements for the District, and expenses incidental thereto, pursuant to change and . modification proceedings. 13. Bonds Not a Debt. The bonds and interest thereon shall not be a debt of said City, nor a charge, lien or encumbrance, legal or equitable, upon any property of the City or upon any income or receipts or revenues of the City other than as in this Resolution provided. Neither the City nor any of its officers is to be held otherwise liable for the principal of or interest on the bonds. 14. .Equal Parity. All of the bonds shall be equally and ratably secured without preference or priority by reason of number, date, division, date of sale or of execution or delivery, by the moneys in the Bond Fund. 15. Parking Assessment District. The off-street parking improvements described in the proceedings conducted -pursuant to said Resolution of Intention are within and are for the benefit of an assessment district in the California Avenue Area of said City, which is hereinafter referred to as, "the Parking Assessment Dis- trict,". The Council has determined to contribute toward the cost of said acquisitions and improvements the amount of $66,000. The balance of the cost and expenses of said comtemplated acquisitions and improvements, being, in the opinion of this Council, of more than local or ordinary public benefit, have been made chargeable upon the Parking Assessment District, which district said Council has declared to be the district benefited by said improvements, and the exterior boundaries of which are described and shown on the map identified as "Map Showing Boundaries of Proposed Assess- ment District, Project No. 65-9", on file in the office of the City Clerk, which indicates by a boundary line the extent of the. territory included within the Parking Assessment District and which shall govern for all details as to the extent of said district. 7 16. Non -Taxable Property Exemption. Said Council has declared that all public streets, highways, lanes and alleys and other publicly owned and otherwise non-taxable property within said Parking Assess- ment District shall be omitted from the annual benefit or ad valorem assessments hereafter to be made to pay principal and interest on said bonds. 17. Plan G Bonds. Serial bonds to represent that portion of the total cost of the parking improvements to be financed by the Parking Assessment District, or $390,000, shall be issued pursuant to Bond Plan G, Section 13.16.150 of Chapter 13.16 of Title 13 of said Code, as herein provided. 18. City 0bliiation. The City has the power and it is the duty of the City to levy annual assessments on all taxable lands and improvements within the Parking Assessment District, of a sufficient amount to pay the principal of and interest on any of the bonds, which power, and duty is hereby declared to be inexhaustible in nature and unlimited as to rate or amount. 19. Contributions. The Council may annually, at or prior to the time the levy of assessments is made, or at such other time as it shall determine, transfer to the Bond Fund, from available funds, such amount or amounts as it shall determine. 20. Annual Budget•. The Controller shall annually cause to be prepared a budget for the bonds herein authorized, which shall include the following: (a) The gross amount required to pay the principal of and interest on said bonds which will become payable before the proceeds of the next succeeding assessment levy hereunder shall become available therefor. (b) The balance available therefor at the end of the fiscal year in the Bond. Fund. (c) The. amount of contributions, if any, which the City proposes to make to the Bond Fund for the fiscal year for which an annual assessment is to be levied, which amount shall be provided in the City budget for tke fiscal year for which an annual assessment is to be levied. (d) The balance of the amount provided in subdivision (a). 8 '21. Benefit Assessment. The amount provided in subdivision (d) of Section 20, including adequate provision for anticipated delin- quencies, shall be raised by an annual assessment on all taxable lands and improvements within the Parking Assessment District in the ratio of the adjusted square footage of floor areas of commercial structures, together with ad valorem land assessments if necessary, all determined as hereafter provided, until all of the bonds and the interest to accrue thereon have been paid in full. 22. Determination of Gross Square Footage. On or before July 1 of each year next succeeding the issuance of the bonds, the City Assessor (or such other officer as may be hereafter designated by the Council, herein referred to as "Assessor") shall determine from any records or other sources legally available to him the gross number of square feet, based on exterior measurements, of the floor area of each building or structure within the boundaries of the Parking Assessment District, which is zoned and used for commercial purposes. A complete list of said square footage figures, set opposite the Assessorts parcel numbers to which they pertain, shall be transmitted to the City Planning Officer (herein called "Planning Officer"). Any references to square footage or adjusted square foot- age hereinafter mentioned shall be deemed to refer to floor areas in buildings zoned and used for commercial purposes as herein pro- vided. 23. Determination of Credits. Immediately upon receipt of the square footage figures from the Assessor, the Planning Officer shall determine, for each parcel of land within the Parking Assess- ment District, the number of off-street automobile parking spaces which would be required to be provided under City ordinances gener- ally then in effect, and the number being provided by said parcel and which would be credited in satisfaction of said requirement if said ordinances applied to said parcel. Said figures, together with the gross square footage figures provided by the Assessor, shall be transmitted to the City Engineer. 9 • • 24. Preparation of Engineer's Report. Immediately upon receipt of the foregoing data from the Assessor and the Planning Officer, the City Engineer shall prepare a report containing the following data as to each parcel within the Parking Assessment District in columnarized form: (a) A description of each parcel of land in the Park- ing Assessment District, by a legal description, Assessor's parcel number or other description sufficient to identify the same; (b) The gross number of square feet of floor area in any commercial building or structure on each parcel, as pro- vided by the Assessor; . (c) The number of parking spaces, required of each parcel, as provided by the Planning Officer; (d) The number of off-street parking spaces provided in satisfaction thereof, as provided by the Planning Officer; (e) The ratio of (d) to (c); (f) The amount of adjusted -square footage in each com- mercial building or structure, determined by reducing the gross square footage set forth in (b) by the ratio set forth in (e), and the total adjusted square footage in the Parking Assessment District; (g) The rate of assessment per adjusted square foot of commercial building, determined by dividing the figure pro- vided by the Controller under subdivision (d) of Section 20 by the total amount of. adjusted square footage of commercial buildings in the Parking Assessment District determined under (.f). The rate of assessment shall in no event exceed fifteen cents (x.15) per adjusted square foot, as determined by the Council and set forth -in the Resolution of Intention. In the event that the proceeds of an assessment levied at the maximum rate in any year are insufficient to raise the amount of money provided in subdivision (d) of Section 20, the balance shall be raised by an additional assessment on all taxable lands (exclusive of improvements) within the Parking Assessment District, in the ratio of their assessed valuation as said valuation appears on the Assessor's roll for the current fiscal year. The Engineer's Report for such year shall include a column for such an ad valorem land assessment. (h) The amount of the individual assessment against each parcel of land in the Parking Assessment District, determined by multiplying the rate deteruined in (g) by the adjusted square footage for each parcel determined in (f), and adding the ad valorem land assessment, if any. 25. Successive Annual Reports. The originai'report and each successive annual report shall be noticed for hearing before the Council, and heard, amended, altered, modified, corrected and con- firmed as provided in Section 13.16.150 of Chapter 13.16 of Title 13 of said Code. 10 26. Annual Assessment Levy. The total of each annual assess- ment, determined as contained in said report as confirmed, shall be levied and collected upon the last equalized secured and utility tax rolls upon which general City taxes are collected. It shall be in addition to all other taxes levied for general City purposes, and shall be levied, computed, entered and collected together with, and not separate from, general City taxes, and enforced in the same manner and by the same persons and at the same time, and with the same penalties and interest, as are other taxes for City purposes, and all laws applicable to the levy, collection and enforcement of taxes for City purposes are hereby made applicable to said special assessment levy, and the assessed real property, if sold for taxes, shall be subject to redemption in the same manner as such real pro- perty is redeemed from the sale for general City taxes and if not redeemed shall in like manner pass to the purchaser. 27. Supplemental Bond Remedy. In the event of a delinquency in the payment of any installment of the assessment levied upon any benefited properties for the payment of the principal and interest of said bonds, there is a mandatory duty on the part of the City to advance an amount equal to the amount of such delinquency, from available funds of the City, to the Bond Fund, and in the event such funds are not available, to levy a tax therefor up to ten cents (100) on the one hundred dollars ($100) of assessed valuation of all tax- able property in the City to provide such funds, which duty is con- tinuing, annual and mandatory. 28. Bond Fund. There is hereby created a special fund desig- nated "City of Palo Alto Bond Plan G Series No. 65-9 Interest and Redemption Fund", herein called "Bond Fund", which shall be main- tained by the Controller as a separate account, distinct from all other funds of the City from which the principal of and interest on all of the bonds shall be paid. (a) Forthwith upon receipt of the proceeds of the bonds, the Treasurer shall pay therefrom to the Bond Fund any funds received on account of interest accrued on said bonds from their date to the date of their delivery. li (b) Any amounts determined to be appropriated and contributed by the City to the payment of principal and interest on the bonds shall be deposited in the Bond Fund. (e) The proceeds of any special assessments levied pursuant to Sections 20 to 26 inclusive, hereof shall be deposited in the Bond Fund. .(d) Any amounts required to be advanced pursuant to Section 27 shall also be deposited in the Bond Fund. All moneys in this Fund shall be used and withdrawn solely for the purpose of paying the principal of and interest on the bonds as the same shall become due and payable. 29. Trust Fund. All moneys contributed to the payment of the bonds and the interest thereon, all annual assessments levied there- for, and all amounts advanced pursuant to Section 27, as herein pro- vided, shall be deposited in the Bond Fund, shall constitute a trust fund therefor, and shall not be expended for any other purpose; provided, that if any moneys shall remain in the Bond Fund after the payment of all of the bonds and the interest thereon, they shall be transferred to the Maintenance Fund of the Parking Assessment Dis- trict, and be used for the objects and purposes thereof. 30. Refundins. If, prior to the payment of the bonds it shall be found desirable to refund the bonds under the provisions of any law then available, said bonds or any part thereof may be refunded with the consent of the holders thereof and the refunding obliga- tions so issued Shall enjoy complete equality of lien with the portion of the bonds which is not refunded, if any there be, and the refunding obligations shall continue to enjoy whatever priority of lien over subsequent issues which may have been enjoyed by the bonds refunded; provided, however, that if only a portion of the outstanding bonds is so refunded and if such,bonds are refunded in such manner that the interest rate thereof is increased or that any of the refunding obligations mature at a date earlier -that the matu- rity date of any of the bonds not refunded, then such bonds may not be refunded without the consent of the holders of the unrefunded portion of said bonds. 12 31. Printing and Execution. The Clerk is directed to cause said bonds to be lithographed, printed cr engraved, according to the provisions hereof and the bid of the successful bidder, and to procure their execution by the proper officers and to deliver them when so executed to the Treasurer who shall safely.keep the same until delivery to the purchaser or purchasers thereof, on receipt of the purchase price. Said Mayor, Treasurer and Clerk are further authorized and directed to make, execute and deliver to the purchaser or purchasers 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 knowl- edge relative to any litigation which may or might affect said City, the Parking Assessment District, said officers or said bonds, and said Treasurer is further authorized and directed to make, execute and deliver to the purchaser of said bonds a Treasurer's receipt in the form usually required by purchasers of municipal 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 and shall be justified in relying. 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. 1.3 EXHIBIT "A" UNITED STATES OF AMERICA STATE OF CALIFORNIA CITY OF PALO ALTO CALIFORNIA AVENUE DISTRICT PARKING BOND OF 1968 SERIES 65-9 No. $ ,000.04 KNOW ALL MEN BY THESE PRESENTS, that the City of Palo Alto, (a municipal corporation operating under a Freeholders' Charter), State of California, for value received, will pay to bearer, from the City of Palo Alto Bond Plan G Series No. 65-9 Interest and Redemption Fund, herein called Bond Fund, of said City, on the 2nd day of July, 19 , the sum of THOUSAND DOLLARS ($ ,000.00) in lawzl money of the United States, with interest thereon from the date, as evidenced by interest coupons attached hereto at the time of issuance. Said interest is payable January 2, 1969, and semiannually thereafter on the 2nd day of July and the 2nd day of January, in each year, all as more particularly set forth in the resolution providing for the issuance hereof. Both principal and interest are payable in lawful money of the United States of America at the Bank of America N. T. & S. A., Main Office, San Francisco, California, the Paying Agent and Registrar of the City, or at the designated correspondent banks of said Paying Agent in New York, New 'nrk, or Chicago, Illinois. The holder of this bond has all the rights of a holder of a negotiable instrument payable to bearer. If, upon presentation at maturity, payment of this bond or any interest coupon thereof, or both, is not made in full accordance with the terms of the resolution providing for the issuance hereof, said bond or coupon, or both shall continue to bear interest at the rate stated herein until paid in full. Bonds maturing by their terms on or before July 2, 1985, are not subject to call prior to their respective fixed dates of maturity. Bonds maturing on or after July 2, 1986, are subject to call and. redemption at the option of the City, as a whole or in part, in inverse numerical order on July 2, 1977, or on any interest date thereafter and prior to their respective dates of maturity at the principal amount thereof and accrued interest- thereon to the date of redemption, plus a redemption premium equal to one-haa.f of one per- cent p(1/2 of 196) of such principal amount plus one -quarter of one percent (1/4 of 196) for each whole twelve (12) months, and for: any remaining fraction of a twelve (12) month period, from the date fixed for redemption to the maturity date of the bonds; provided, however, that in no event does the premium paid on prior redemption exceed the coupon rate applicable hereto. The City Treasurer shall cause thirty (30) days prior notice of redemption to be given by mail, and in addition shall publish such notice once at least thirty (30) days prior to the day of call in a financial paper published in San Francisco or in a financial paper published in New York. The City Treasurer shall mail such notice by registered mail thirty (30) days prior thereto to the last - known holder or holders of any bearer bonds so called, as shown by the records in his office. Notice of redemption of any registered bonds shall be given to the registered owners by registered mail at least thirty (30) days prior to the day of call. No interest shall • • accrue on said bonds called for redemption or on any interest coupons thereon after the redemption date specified in said notice. This bond is one of an.issue in the total principal amount of $390,000, all of like date and tenor except as to number, maturity, and prior redemption (and interest rate), all issued by the City for the purpose of providing money to finance the acquisition and construction of off-street parking facilities within a parking assess- ment district in the California Avenue area in said City, all as set forth and described in Resolution No. , adopted March 11, 1968, by the Council of the City of Palo Alto, providing for the issuance hereof, to which reference is hereby made for the obligations, duties, rights and privileges hereby created, and as authorized by and. in strict accordance with the Freeholders' Charter of said City, aid the Palo Alto Municipal Code, and particularly Section 13.16.150 of Chapter 13.16 of Title 13 thereof. This bond is payable exclusively from the Bond Fund established in said resolution, as said fund appears upon the books of said'City. Neither the City nor any of its officers are otherwise liable for the principal and interest hereof. There is a mandatory duty on the Council to levy and collect a special assessment upon all taxable land and improvements within said parking assessment district of said City, in an amount clearly sufficient to pay the principal of and interest on this bond as the paid in and payable, til all said proceeds thereofal insaidd interest Fund. paid in full, Annually, at any time prior to the time the levy is made, or at such other time as it shall determine, the Council is authorized to transfer to said Bond Fund, from available funds, such amount or amounts as it shall determine. In the event of a delinquency in the payment of any install- ment of the assessment levied upon any benefited properties for the payment of -the principal and interest of said bonds, there is a mandatory duty on the part of the City to transfer an amount equal to the amount of such delinquency,: with penalties and costs from _ funds ____ available of said City, to said Bond Fund, and in the event -_- - . such funds are not available, to levy a tax therefor, up to ten cents '(100) on the one hundred dollars ($100) of assessed valuation of all taxable property in said City, which duty is a continuing, annual, mandatory duty on the part of -the Council during the entire life of the bond issue, if assessments against the benefited real properties continue to be in default. This bond may be registered, de -registered and re -registered in the manner provided in the resolution providing for the issuance hereof. If registered as to principal and interest, the -principal hereof and interest hereon shall be payable only to such registered owner. If registered as to principal only, the principal hereof shall be payable only to such registered owner. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State -of ------ California and the Charter and ordinances of said City, to -be done, to happen and to be performed, precedent to and in the issuance of this bond, have been done, have happened and have been performed in regular and due form, time and manner as required by law, and this bond is made conclusive evidence thereof. ii IN WITNESS WHEREOF, the City of Palo Alto, by its Council, has caused this bond to be executed on its behalf by the Mayor and City Clerk of said City by their printed, lithographed or engraved signa- tures hereon, and countersigned by the manual signature of the City Treasurer, who has affixed hereto the corporate seal of the City, and has caused the interest coupons to be executed and authenticated by the facsimile signature of the City Treasurer, all as of April 22, 1968. Mayor biEy Clerk COUNTERSIGNED: City Treasurer INTEREST COUPON FORM No. $ On the 2nd day of July (January), 19 , the City of Palo Alto will pay to bearer (unlessTond"is registered as to principal and interest) at the Bank of America N. T. & S. A., Main Office, San Francisco, California, or at its correspondent banks in New York, New York, or Chicago, Illinois, the sum of Dollars ($ ) for interest, subject to any prior re- demption right reserved, then due on its California Avenue District Parking Bonds of 1968, Series 65-9, dated April 22, 1968. Bond No. Cif' Treasurer iti REGISTRATIOi FORM This bond is registered in the name of the registered owner whose name and address appear last in the space below, as to principal only or as to principal and interest, as noted below, and the principal only or both the principal of and interest on this bond are payable accordingly to such registered owner. NOTE: Thgre must be no writing in the apace below except by.the Registrar. Name of Address of Signature Date of Type of Registered Registered of Registry Registration* Owner Owner Registrar Principal only and Interest 15rincipal only and Interest Principal only and' Interest Principal only and Interest * Ir# the event registration is as to principal only, strike the words "and interest"; if as to principal artd interest, strike the word "only". * * * * iv • • I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Council of the City of Palo Alto, California, at a meeting thereof held on the 11th day of March , 1968 , by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Arnold, 13erwald, Clark, Comstock, Dias, Gallagher, Pearson, Spaeth, Wheatley NOBS, Councilmen: None ABSENT, Councilmen: Beahrs, Cooley APPROVED: the City of Palo Alto