Resolution 12296CITY OF ALAMEDA RESOLUTION NO. 12296
GRANTING THE APPEAL OF VARIANCE, V-91-327, AT 2508 CRIST
STREET
WHEREAS, an application was made on October 16, 1991 by
Mariusz Lewandowski requesting a Variance, V-91-327, to construct
a porch which would have a one foot front yard setback where
Section 30-5.6(a)(1) of the Municipal Code requires eleven feet,
and to construct an addition on the westerly side of the house with
a basement garage and two levels of living area above which would
have a three foot, six inch rear yard setback, where Section 30-
5.6(a)(3) of the Municipal Code requires twelve feet, which is
proposed in conjunction with a second story addition over the
existing house which does not require a variance; and
WHEREAS, the subject property is designated Medium Density
Residential on the General Plan Diagram; and
WHEREAS, the subject property is located in a R-4
(Neighborhood Residential) Zoning District; and
WHEREAS, the Planning Board held a public hearing on this
application on February 24, 1992 and granted the Variance for the
- front yard setback to construct the porch, but denied the Variance
- for the rear yard setback for the westerly addition; and
WHEREAS, the Planning Board decision was appealed on March 10,
1992; and
WHEREAS, the City Council held a public hearing on May 19,
1992 and July 21, 1992 to consider the appeal; and
WHEREAS, the City Council has made the following findings:
1. The proposal is Categorically Exempt under CEQA
Guidelines, Section 15301 - Existing Facilities; and
2. There are exceptional or extraordinary circumstances
applying to the property involved or to the proposed use
of the property, which are relevant to the construction
of the proposed front porch, specifically the existence
of stairs, a landing, and an historic front porch at the
same location as the proposed replacement stairs, landing
and porch, and an existing floorplan and building
configuration which encourage the retention of the main
entrance at its existing location; and
3. Because of such exceptional or extraordinary
circumstances pertaining to the construction of the
proposed front porch, the literal enforcement of the
specified provisions of Zoning Ordinance Section 30-
5.6(a)(1) would result in practical difficulty or
unnecessary hardship, because of the inability to repair
an existing entry to the home, such as to deprive the
applicant of a substantial property right possessed by
other owners of property in the same class of district;
and
4. The granting of the variance for the front porch will
not, under the circumstances of this particular case, be
detrimental to the public welfare or injurious to persons
or property in the vicinity because it is the replacement
of an existing feature that has existed without detriment
for a number of years.
5. There are exceptional or extraordinary circumstances
applying to the property involved that are relevant to
the construction of the proposed westerly addition,
specifically the substandard lot size and existing
building configuration; and
6. Because of such exceptional or extraordinary
circumstances, the literal enforcement of specified
provisions of Zoning Ordinance Section 30-5.6(a) (3) would
result in practical difficulty or unnecessary hardship
such as to deprive the applicant of a substantial
property right possessed by other owners of property in
the same class of district, specifically, enclosed off-
street parking and a dwelling unit with adequate living
area; and
7. The granting of the variance for the second-story
westerly addition with two stories of living area will be
detrimental to the public welfare and injurious to
persons or property in the vicinity because there will be
impacts related to the size of the dwelling placed so
close to property boundaries and because there would be
no off-street parking provided. However, if only a one
story addition with a properly accessed garage underneath
is constructed on the westerly side, or, alternatively,
an on-grade garage only if satisfactory driveway access
cannot be provided, and the second story windows at the
rear of the house are translucent to limit views into the
adjacent yard, the house would be comparable in size and
consistent with the neighborhood and would not create
privacy, building massing, or parking impacts; and
8. Pursuant to Section 30-5.7(1), the Council finds that the
second story addition, provided the second story windows
at the rear of the house are translucent to at least five
(5) feet above the second story finish floor and have a
transom opening, will not have adverse impacts such as
shading, view blockage or diminishment of privacy, for
adjacent properties and therefore, the second story
addition can be allowed without a variance.
THEREFORE BE IT RESOLVED that the Council of the City of
Alameda hereby grants Variance, V-91-327, subject to the
following conditions:
1. Prior to the issuance of a building permit, the applicant
shall obtain Design Review approval.
2. The proposed addition shall be built in substantial
compliance with the plans titled "2508 Crist Street" and
stamped "Received July 8, 1992," marked Exhibit "A" on
file in the City of Alameda Planning Department, except
as provided for in Conditions #3 and #4.
3. a. The western addition shall only include the
basement garage and one story of living area over
the garage at the same elevation as the existing
living area in the house. The driveway access is
not acceptable as shown on the plans and shall be
redesigned to the satisfaction of the Director of
Public Works who shall review the driveway design
for compliance with contemporary engineering
standards and professional practice.
b. If the applicant is unable to provide a driveway
design which the Director of Public Works finds
satisfactory pursuant to Condition #3(a), then the
basement garage and one level of living area above
are not allowed and a one car garage shall be
constructed on grade in the same location as the
westerly addition.
4. The second story windows at the rear shall be translucent
to at least five feet above the second story finish floor
and shall have a transom opening. In order to comply
with Uniform Building Code requirements, this condition
will require reconfiguration of the floor plans to ensure
that all sleeping rooms provide windows which provide for
emergency escape or rescue.
5. The Variance shall terminate one (1) year from July 21,
1992, unless actual construction or alteration under
valid permits has begun, or the applicant applies for and
is granted an extension prior to the expiration of the
Variance.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 21sf day of
cnny , 1992, by the following vote to wit:
AYES: Councilmembers Camicia, Lucas, Roth and
President Withrow - 4.
NOES: Councilman Arnerich 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 22nd day of July , 1992.
Diane Felsch, City Clerk
City of Alameda
0
RESOLUTION NO. 12297
CITY OF ALAMEDA
PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR
1992.1993 AND THE ISSUANCE AND SALE OF 1992 TAX AND REVENUE
ANTICIPATION NOTES, SERIES B
WHEREAS, pursuant to Sections 53850 et seq. of the Government Code of the State
of California (the "State "), this City Council (the "Council ") has found and determined
that moneys are needed for the requirements of the City of Alameda (the "City "), a
municipal corporation duly organized and existing under the laws of the State, to satisfy
obligations payable from the General Fund of the City, and that it is necessary that said
sum be borrowed for such purpose at this time by the issuance of temporary notes
therefor in anticipation of the receipt of taxes, revenue and other moneys to be received by
the City for the General Fund of the City during or allocable to the fiscal year of the City
beginning July 1, 1992 and ending June 30, 1993 ( "Fiscal Year 1992 - 1993 ");
WHEREAS, the City has heretofore issued its City of Alameda Tax and Revenue
Anticipation Notes in the principal amount of $6,500,000 (the "Series A Notes "); and
WHEREAS, the City has determined that is necessary at this time to authorize the
issuance of additional tax and revenue anticipation notes in the principal amount of not
to exceed 52,500,000 (the "Series B Notes ");
NOW, THEREFORE, the City Council of the City of Alameda hereby finds,
determines, declares and resolves as follows:
Section 1. Recitals True and Correct, All of the recitals herein set forth are true
and correct, and the Council so finds and determines.
Section 2. Limitation on Maximum Amount, The principal amount of notes
issued pursuant hereto, when added to the Series A Notes, the interest on the Series A
Notes and the interest payable on the Series B Notes, shall not exceed eighty -five percent
(85%) of the estimated amount of the uncollected taxes, revenue and other moneys of the
City for the General Fund of the City attributable to Fiscal Year 1992 -1993, and available
for the payment of said notes and the interest thereon (as hereinafter provided).
Section 3. Issuance Issilauggandjarinsatliglas, Solely for the purpose of anticipating
taxes, revenue and other moneys to be received by the City for the General Fund of the
City during or allocable to Fiscal Year 1992 -1993, and not pursuant to any common plan
of financing, the City hereby determines to and shall borrow the principal amount of not
to exceed Two Million Five Hundred Thousand Dollars ($2,500,000) by the issuance of
temporary notes under Sections 53850 et seq. of the Government Code of the State,
designated "City of Alameda (Alameda County, California) 1992 Tax and Revenue
Anticipation Notes, Series B" (the "Notes "). The Notes shall be dated the date of issue,
shall mature (without option of prior redemption) on August 3, 1993, and shall bear
interest from their date, payable at maturity and computed on a 30 -day month/360 -day
year basis. Both the principal of and interest on the Notes shall be payable in lawful
money of the United States of America, as described below.
Section 4. Form of Notes: Book Entry Only Pm. The Notes shall be issued in
fully registered form, without coupons, and shall be substantially in the form and
substance set forth in Exhibit A attached hereto and by reference incorporated herein, the
blanks in said form to be filled in with appropriate words and figures. The Notes shall be
numbered from 1 consecutively upward, shall be in the denomination of $1,000 each or
any integral multiple thereof.
"CUSIP" identification numbers shall be imprinted on the Notes, but such
numbers shall not constitute a part of the contract evidenced by the Notes and any error
or omission with respect thereto shall not constitute cause for refusal of any purchaser to
accept delivery of and pay for the Notes. In addition, failure on the part of the City to use
such CUSIP numbers in any notice to registered owners of the Notes shall not constitute
an event of default or any violation of the City's contract with such registered owners and
shall not impair the effectiveness of any such notice.
Except as provided below, the owner of all of the Notes shall be The Depository
Trust Company, New York, New York ( "DTC "), and the Notes shall be registered in the
name of Cede & Co., as nominee for DTC. The Notes shall be initially executed and
delivered in the form of a single fully registered Note in the full aggregate principal
amount of the Notes. The City may treat DTC (or its nominee) as the sole and exclusive
owner of the Notes registered in its name for all purposes of this Resolution, and the City
shall not be affected by any notice to the contrary. The : City shall not have any
responsibility or obligation to any participant of DTC (a 'Participant "), any person
claiming a beneficial ownership interest in the Notes under or through DTC or a
Participant, or any other person which is not shown on the register of the City as being
an owner, with respect to the accuracy of any records maintained by DTC or any
Participant or the payment by DTC or any Participant by DTC or any Participant of any
amount in respect of the principal or interest with respect to the Notes. The City shall
pay all principal and interest with respect to the Notes only to DTC, and all such
payments shall be valid and effective to fully satisfy and discharge the City's obligations
with respect to the principal and interest with respect to the Notes to the extent of the sum
or sums so paid. Except under the conditions noted below, no person other than DTC
shall receive a Note. Upon delivery by DTC to the City of written notice to the effect that
DTC has determined to substitute a new nominee in place of Cede & Co„ the term "Cede
& Co." in this Resolution shall refer to such new nominee of DTC.
If the City determines that it is in the best interest of the beneficial owners that
they be able to obtain Notes and delivers a written certificate to DTC to that effect, DTC
shall notify the Participants of the availability through DTC of Notes. In such event, the
City shall issue, transfer and exchange Notes as requested by DTC and any other owners
in appropriate amounts. DTC may determine to discontinue providing its services with
respect to the Notes at any time by giving notice to the City and discharging its
responsibilities with respect thereto under applicable law. Under such circumstances (if
there is no successor securities depository), the City shall be obligated to deliver Notes as
described in this Resolution. Whenever DTC requests the City to do so, the City will
cooperate with DTC in taking appropriate action after reasonable notice to (a) make
available one or more separate Notes evidencing the Notes to any DTC Participant having
Notes credited to its DTC account or (b) arrange for another securities depository to
maintain custody of Certificates evidencing the Notes.
Notwithstanding any other provision of this Resolution to the contrary, so long as
any Note is registered in the name of Cede & Co., as nominee of DTC, all payments with
respect to the principal and interest with respect to such Note and all notices with respect
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to such Note shall be made and given, respectively, to DTC as provided as in the
representation letter delivered on the date of issuance of the Notes.
Section 5. Use of Proceeds. The moneys so borrowed shall be deposited in the
General Fund of the City and used and expended by the City for any purpose for which it
is authorized to expend funds from the General Fund of the City.
Section 6. The principal amount of the Notes, together with the interest
thereon, shall be payable from taxes, revenue and other moneys which are received by the
City for the General Fund of the City for Fiscal Year 1992 -1993. As security for the
payment of the principal of and interest on the Notes the City hereby covenants to provide
for the Repayment Fund described below (a) an amount equal to twenty -five percent (25%)
of the aggregate principal amount of the Notes, from "unrestricted moneys ", as
hereinafter defined, to be received in December, 1992, (b) an amount equal to twenty -five
percent (25 %) of the aggregate principal amount of the Notes, from unrestricted moneys
to be received in February, 1993, (c) an amount equal to fifty percent (50 %) of the aggregate
principal amount of the Notes, from unrestricted moneys to be received in April, 1993,
and (d) an amount equal to all interest due on the Notes at maturity, from unrestricted
moneys to be received in May, 1993 (all such pledged amounts described in clauses (a)
through (d) above being hereinafter called the "Pledged Revenues "). The principal of the
Notes and the interest thereon shall constitute a first hen and charge thereon and shall
be payable from the Pledged Revenues. To the extent not so paid from the Pledged
Revenues, the Notes shall be paid from any other moneys of the City lawfully available
therefor. In the event that there are insufficient unrestricted moneys received by the City
to permit the deposit into the Repayment Fund of the full amount of the Pledged Revenues
to be deposited in any month by the last business day of such month, then the amount of
any deficiency shall be satisfied and made up from any other moneys of the City lawfully
available for the repayment of the Notes and interest thereon. The term "unrestricted
moneys" shall mean taxes, income, revenue, cash receipts, and other moneys intended
as receipts for the General Fund of the City for Fiscal Year 1992 -1993 and which are
generally available for the payment of current expenses and other obligations of the City.
Section 7. Repayment Fund There is hereby created a special fund to be held by
the City designated the "1992 Tax and Revenue Anticipation Note Repayment Fund" (the
"Repayment Fund ") and applied as directed in this Resolution. Any money placed in the
Repayment Fund shall be for the benefit of the holders of the Notes, and until' the Notes
and all interest thereon are paid or until provision has been made for the payment of the
Notes at maturity with interest to maturity, the moneys in the Repayment Fund shall be
applied solely for the purposes for which the Repayment Fund is created.
During or prior to the months of December, 1992, February, 1993, April, 1993 and
May, 1993, the City shall deposit all Pledged Revenues in the Repayment Fund. On the
date of final maturity of the Notes, the moneys in the Repayment Fund, to the extent
necessary to pay the principal of and interest on the Notes at maturity, shall be
transferred by the City to DTC the moneys in the Repayment Fund necessary to pay the
principal of and interest on the Notes at maturity. To the extent said moneys are
insufficient therefor, an amount of moneys from the City's General Fund which will
enable payment of the full principal of and interest on the Notes at maturity shall be
transferred, or caused to be transferred, by the City to the DTC. DTC will thereupon
make payments of and interest on the Notes to the DTC Participants who will thereupon
make payments of principal and interest to the beneficial owners of the Notes. Any
moneys remaining in the Repayment Fund after the Notes and the interest thereon have
been paid, or provision for such payment has been made, shall be transferred to the City.
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Section 8. 12"UnyzitineritaLFund, All moneys held by the City in the
Repayment Fund, if not invested, shall be held in time or demand deposits as public
funds and shall be secured at all times by bonds or other obligations which are authorized
by law as security for public deposits, of a market value at least equal to the amount
required by law.
Moneys in the Repayment Fund shall, to the greatest extent possible, be invested by
the City directly, or through an investment agreement, in investments as permitted by
the laws of the State as now in effect and as hereafter amended, and the proceeds of any
such investments shall be deposited in the Repayment Fund and shall be part of the
Pledged Revenues.
Section 9. Execution of Notes. The City Manager of the City, Finance Director and
any authorized designee of the City are hereby separately authorized to execute the Notes
by manual signature, and the City Clerk of the City is hereby authorized to countersign
the same by facsimile signature and to affix the seal of the City thereto either manually or
by facsimile impression thereof, and said officers are hereby authorized to cause the
blank spaces thereof to be filled in as may be appropriate.
Section 10. Covenants and Warranties. It is hereby covenanted and warranted by
the City that all representations and recitals contained in this Resolution are true and
correct, and that the City and its appropriate officials have duly taken all proceedings
necessary to be taken by them, and will take any additional proceedings necessary to be
taken by them, for the prompt collection and enforcement of the taxes, revenue, cash
receipts and other moneys pledged hereunder in accordance with law and for carrying
out the provisions of this Resolution.
Section 11. Transfer of Notes. Any Note may, in accordance with its terms, but
only if the City deteunines to no longer maintain the book entry only status of the Notes,
or if DTC determines to discontinue providing such services and no ` successor securities
depository is named, or DTC requests the City to deliver Note certificates to particular
DTC Participants, be transferred, upon the books required to be kept pursuant to the
provisions of Section 13 hereof, by the person in whose name it is registered, in person or
by his duly authorized attorney, upon surrender of such Note for cancellation at the office
of the City, accompanied by delivery of a written instrument of transfer in a form
approved by the City, duly executed.
Whenever any Note or Notes shall be surrendered for transfer, the City shall
execute and deliver a new Note or Notes, for like aggregate principal amount.
Section 12. Elichange of Notes. Notes may be exchanged at the office of the City for
a like aggregate principal amount of Notes of authorized denominations and of the same
maturity.
Section 13. Note Register. The City shall keep or cause to be kept sufficient books
for the registration and transfer of the Notes if the book entry only system is no longer in
effect and, in such case, the City shall register or transfer or cause to be registered or
transferred, on said books, Notes as herein before provided. While the book entry only
system is in effect, such books need not be kept as the Notes will be represented by one
Note registered in the name of Cede & Co., as nominee for DTC.
Section 14. Temporary Notes, The Notes may be initially issued in temporary
form exchangeable for definitive Notes when ready for delivery. The temporary Notes
may be printed, lithographed or typewritten, shall be of such denominations as may be
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determined by the City, and may contain such reference to any of the provisions of this
Resolution as may be appropriate. Every temporary Note shall be executed by the City
upon the same conditions and in substantially the same manner as the definitive Notes.
If the City issues temporary Notes it will execute and furnish definitive Notes without
delay, and thereupon the temporary Notes may be surrendered, for cancellation, in
exchange therefor at the office of the City and the City shall deliver in exchange for such
temporary Notes an equal aggregate principal amount of definitive Notes of authorized
denominations. Until so exchanged, the temporary Notes shall be entitled to the same
benefits pursuant to this Resolution as definitive Notes executed and delivered
hereunder.
Section 15. Notes Mutilated. Lost. Destroyed or Stolen. If any Note shall become
mutilated the City, at the expense of the registered owner of said Note, shall execute and
deliver, a new Note of like maturity and principal amount in exchange and substitution
for the Note so mutilated, but only upon surrender to the City of the Note so mutilated.
Every mutilated Note so surrendered to the City shall be canceled by it and delivered to, or
upon the order of, the City. If any Note shall be lost, destroyed or stolen, evidence of such
loss, destruction or theft may be submitted to the City and, if such evidence be satisfactory
to the City and indemnity satisfactory to it shall be given, the City, at the expense of the
registered owner, shall execute and deliver a new Note of like maturity and principal
amount in lieu of and in substitution for the Note so lost, destroyed or stolen. The City
may require payment of a sum not exceeding the actual cost of preparing each new Note
issued under this Section 15 and of the expenses which may be incurred by the City in the
premises. Any Note issued under the provisions of this Section 15 in lieu of any Note
alleged to be lost, destroyed or stolen shall constitute an original additional contractual
obligation on the part of the City whether or not the Note so alleged to be lost, destroyed or
stolen be at any time enforceable by anyone, and shall be equally and proportionately
entitled to the benefits of this Resolution with all other Notes issued pursuant to this
Resolution.
Section 16. Arbitrage Covenants and other Federal Tax. (a) Nonarbitrage
Covenant. The City shall not take, nor permit nor suffer to be taken by the Paying Agent
or otherwise, any action with respect to the gross proceeds of the Notes which if such
action had been reasonably expected to have been taken, or had been deliberately and
intentionally taken, on the date of the issuance of the Notes would have caused the Notes
to be "arbitrage bonds" within the meaning of Section 148(a) of the Internal Revenue Code
of 1986 and Regulations promulgated.
In addition, the City shall not take, nor permit nor suffer to be taken by the Paying
Agent or otherwise, any action which would cause the interest on the Notes to be subject
to Federal income taxation under the Code.
(b) Rebate of Excess Investment Earnings to United States: Six -Month
Expenditure Exemption. The City covenants that it will assure compliance with
requirements for rebate of excess investment earnings to the federal government in
accordance with section 148(0 of the Code, to the extent applicable. The City shall not be
obligated to rebate excess investment earnings to the federal government if the City
complies with the provisions of section 148(f)(4)(B)(i)(I) of the Code (six month expenditure
exemption) and applicable regulations.
(c) No Federal Guarantee. The City shall take no action nor permit nor suffer any
action to be taken if the result of the same would be to cause the Notes to be "federally
guaranteed" within the meaning of section 149(b) of the Code.
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Section 17. ,Sale of Notes. Kelling, Northcross & Nobriga, Inc., the financial
advisor to the City (the "Financial Advisor "), on behalf of the City, is authorized to identify
a purchaser for the Notes and to negotiate an interest rate and purchase price for the
Notes, so long as the net interest cost to the City does not exceed seven percent (7 %). The
definitive principal amount of Notes to be issued shall be determined by the Financial
Advisor, on behalf of the City, at the time of sale of the Notes to the purchaser identified.
The City Manager, Finance Director or any authorized designee of the City is hereby
authorized and directed to accept an offer from such purchaser, for and in the name of
the City, by notice to such purchaser. The City Manager, Finance Director or any
authorized designee of the City is hereby authorized to execute a Note purchase
agreement or other document in connection with such award.
Section 18. Preliminary OfficiaiStatementa The Financial Advisor is hereby
authorized to prepare a Preliminary Official Statement and an Official Statement
relating to the Notes, to be used in connection with the offering and sale of the Notes.
Distribution by the Financial Advisor of said Preliminary Official Statement to
prospective purchasers of the Notes is hereby approved. The City Manager, Finance
Director or any authorized designee of the City are hereby authorized and directed to
approve any changes in or additions to a final form of said Official Statement deemed
advisable by any of them, and to execute a statement at the time of delivery of the Notes to
the Purchaser to the effect that the Final Official Statement does not contain any untrue
statement of a material fact or omit to state a material fact required to be stated therein or
necessary in order to make the statements therein, in light of the circumstances under
which they were made, not misleading. ` The Mayor of the City, City Manager, Finance
Director or any authorized designee of the City is hereby authorized and directed to
execute and deliver the final Official Statement for and in the name and on behalf of the
City.
Section 19. Myeement for Bond Counsel Services; Financial Advisor Services:
Costs ofLssuance. The City Council hereby approves that certain agreement for bond
counsel services by and between the City and Jones Hall Hill & White, A Professional
Law Corporation, in substantially the form presented at this meeting, and the Mayor of
the City, City Manager, Finance Director or any authorized designee of the City are
hereby authorized and directed to sign said agreement for and on behalf of the City. The
City Council hereby approves that certain agreement for financial advisory services by
and between the City and Kelling, Northcross & Nobriga, Inc., in substantially the form
presented at this meeting, and the Mayor of the City, City Manager, Finance Director or
any authorized designee of the City are hereby authorized and directed to sign said
agreement for and on behalf of the City. All costs incurred by the City in connection with
the issuance of the Notes, including but not limited to printing of any Official Statement,
rating agency costs (except rating service fees), bond counsel fees and expenses, financial
advisory fees and expenses, underwriting discount and costs, paying agent fees and
expenses, the cost of printing the Notes, and any compensation owing to any officers or
employees of the City for their services rendered in connection with the issuance of the
Notes, shall be payable solely from the proceeds of the Notes.
Section 20. Execution of Closing Documents` The Mayor, the City Clerk, the City
Manager, the Finance Director, the Treasurer and other officers of the City are
authorized and directed to execute such certificates, agreements and other closing
documents as are necessary to consummate the transactions contemplated by this
Resolution.
* * * * * * * * * * * * * * * * * * * * * * * *
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Exhibit A
Form of Note
CITY OF ALAMEDA
(ALAMEDA COUNTY, CALIFORNIA)
1992 TAX AND REVENUE ANTICIPATION NOTE, SERIES B
INTEREST RATE: MATURITY DATE: ISSUE DATE: CUSIP:
August 3, 1993 August 4, 1992
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM: TWO MILLION FIVE HUNDRED THOUSAND DOLLARS
The CITY OF ALAMEDA, Alameda County, State of California (the "City"),
acknowledges itself indebted, and promises to pay, to the Registered Owner stated above,
or registered assigns (the "Owner"), on the Maturity Date stated above, the Principal
Sum stated above, in lawful money of the United States of America, and to pay interest
thereon in like lawful money at the rate per annum stated above, payable on the Maturity
Date stated above, calculated on the basis of 360-day year comprised of twelve 30-day
months. Both the principal of and interest on this Note shall be payable at maturity to the
Owner.
It is hereby certified, recited and declared that this Note is one of an authorized
issue of notes in the aggregate principal amount of Two Million Five Hundred
Thousand Dollars ($2,500,000), all of like tenor, issued pursuant to the provisions of
Resolution No 12297 of the City Council of the City duly passed and adopted on July 21,
1992 (the "Resolution"), and pursuant to Article 7.6 (commencing with Section 53850) of
Chapter 4, Part 1, Division 2, Title 5, of the California Government Code, and that all
conditions, things and acts required to exist, happen and be performed precedent to and
in the issuance of this Note do exist, have happened and have been performed in regular
and due time, form and manner as required by law, and that this Note, together with all
other indebtedness and obligations of the City, does not exceed any limit prescribed by the
Constitution or statutes of the State of California.
The principal amount of the Notes, together with the interest thereon, shall be
payable from taxes, revenue and other moneys which are received by the City for the
General Fund of the City for Fiscal Year 1992-1993. As security for the payment of the
principal of and interest on the Notes the City has pledged, from "unrestricted moneys",
as hereinafter defined (a) to be received in December, 1992, an amount equal to 25% of the
aggregate principal amount of the Notes, (b) to be received in February, 1993, an amount
equal to 25% of the aggregate principal amount of the Notes, (c) to be received in April,
1993, an amount equal to 50% of the aggregate principal amount of the Notes, and (d) to
be received in May, 1993, an amount equal to interest on the Notes at maturity (all such
pledged amounts described in clauses (a) through (d) above being hereinafter called the
"Pledged Revenues"). The principal of the Notes and the interest thereon shall constitute
a first lien and charge thereon and shall be payable from the Pledged Revenues, and to
the extent not so paid shall be paid from any other moneys of the City lawfully available
therefor. As used herein, the term "unrestricted moneys" means the taxes, income,
A 1
revenue, cash receipts and other moneys, intended as receipts for the General Fund of
the City for Fiscal Year 1992 -1993 and which are generally available for the payment of
current expenses and other obligations of the City.
The Notes are issuable as fully registered notes, without coupons, in
denominations of $1,000 each or any integral multiple thereof. Subject to the limitations
and conditions as provided in the Resolution, Notes may be exchanged for a like
aggregate principal amount of Notes of other authorized denominations and of the same
maturity.
The Notes are not subject to redemption prior to maturity.
This Note is transferable by the Owner hereof, but only under the circumstances,
in the manner and subject to the limitations provided in the Resolution. Upon
registration of such transfer a new Note or Notes, of authorized denomination or
denominations, for the same aggregate principal amount and of the same maturity will
be issued to the transferee in exchange for this Note.
The City may treat the Owner hereof as the absolute owner hereof for all purposes
and the City shall not be affected by any notice to the contrary.
IN WITNESS WHEREOF, the City of Alameda has caused this Note to be executed
by the Finance Director of the City and countersigned by the City Clerk of the City and its
official seal to be affixed hereto all as of this 4th day of August, 1992.
Countersigned:
City Clerk
CITY OF ALAMEDA
By:
Finance Director
A2
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Note,
shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM -- as tenants in common
TEN ENT -- as tenants by the
entireties
JT TEN -- as joint tenants with
right of survivorship
and not as tenants in
common
UNIF GIFT MIN ACT Custodian
(Cust) (Minor)
under Uniform Gifts to Minors
Act
(State)
ADDITIONAL ABBREVIATIONS MAY ALSO BE USED
THOUGH NOT IN THE LIST ABOVE
ASSIGNMENT
For value received, the undersigned do(es) hereby sell, assign and transfer unto
(Name, Address and Tax Identification or Social Security Number of Assignee)
the within Note and do(es) hereby irrevocably constitute and appoint
attorney, to transfer the same on the registration books of the City, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a NOTICE: The signature on this Assignment must
member firm of any national stock correspond with the name(s) as written on
exchange or a commercial bank of trust the face of the within Note in every
company. particular without alteration or
enlargement or any change whatsoever.
A3
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in regular meeting assembled
on the twenty -first day of July, 1992, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Lucas, Roth and
President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this ,040. day of July, 1992.
Diane `:. Felsch, City Clerk
City of Alameda
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