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Resolution 05313RESOLUTION NC. 5313 APPROVING OFFICIAL STATEMENT AMU AUTHORIZING !\'D DIRECTING THE 1GALE OF 080,000 PRINCIPAL Amaula OF CITY OP ALAMEDA OFF-STREET PARKING REVENUE BONDS, SERIES A. WHEREAS, the Council. of the City of Alameda has heretofore, by Resolution No. 5312, adopted April 24, 1956 (hereinafter called the "Resolution"), duly au- thorized the issuance of 03103,000 principal amount of City. of Aiamoda Off-Street Parking Revenue Bonds, Series A, and it is desirable that said Bonds be offered for sale at this time, subject to the terms and conditions of the Notice of Sale hbrein- after set forth; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda, as follows: Section 1. Tuesday, the 15th day of May, 1.956, at the hour of 0:00 P. M. (C.U.S.T.), is herby fixed as the time and the Council Chamber, City Hall, Alameda, California, is hereby fixed as the place, at which bids will be received for the purchase of 080,000 principal amount of City of Alameda Off-Street Parking Revenue Bonds, Series A, subject to the terms and conditions of the Notice of Sale herein- after set forth. Section 2. Messrs. Stone & Youngberg, financial consultants to the City, are hereby authorized and directed to cause to be printed for mailing by the City to prospective bidders for said Bonds, conies of the Resolution, said Notice of Sale and the Official Statement of the City (hereinafter referred to) relatirg to said Bonds, the cost of printing said Official Statement, Resolution and Notice of Sale and the cost of mailing said documents to be borne by the City. Section 3. The Council „hereby approves the Official. Statement of the City of Alameda relating to said Bonds in substantially the form thereof submitted at the meeting at which this resolution is adopted, and hereby directs the City Clerk to file said form with the minutes of this meeting. Section 4. The City Clerk is hereby authorized and directed to cause the Notice of Sale of said Bonds to be published once in The Alameda Times-Star, a news- paper printed, published and circulated in the City, and such notice shall be in substantially the following form: OFFICIAL NOTICE', OF S $380,000 CITY OF ALAMEDA OFT-STREET IRFFING REVENUE BONGS, SERIES 3' 5 NOTICE IS HEREBY GIVEN that sealed proposals will be received Sy the Council of the City of Alameda, a municipal corporation duly organized and existing umaer the Constitution and laws of the State of California, at the Council Chamber, City Hall, Alameda, California, on Tuesday, May 15, 1956 at 0:00 F. M. (CD.S.T.) for the purchase of 080,000 principal amount of City of Alameda Off-Street Parking Revenue Bonds, Series A, authorized to be issued_ under the provisions of a Resolution of the Council adopted April. 24, 1956 (hereinafter called ohs "Resolution") and pursuant to Inc previsibns of Article XXIV of the Charter of the City. The Bonds axe more particularly described in the Resolution (which is incorporated herein by reference) and copies thereof will be furnished to any interested bidder upon reeubst. The Bonds are generally described as follows: ISSUE: 080,000, consisting of 380 bonds of the denomination of $1,000 each, numbered Al to 2380, both inclusive, all dated June I, 1956, and comprising 811 of the Bonds of Series A authorized by Resolution (herein.- after called "the Bonds"). Bonds of one or more additional series, un- limited in aggregate principal amount, may be issued and sold pursuant to the Resolution, but subject to the conditions and limitations set forth in the Resolution. INTEREST RATE: Maximum not to exceed six per centum (6%) per annum, payable semi-annually on June 1, and December 1, in each year. Bidders must specify the rate or rates of interest which the bonds hereby offered for sale shall bear, bidders will be permitted to bid different rates of interest, except that the maximum differential between the lowest and highest coupon rates named in any bid shall not exceed three quarters of one per centum (3/4 of 11) and that no bond may bear more than one rate of interest. Subject to the foregoing limitations, bidders may split rates irrespective of the maturities of the bonds. The interest rate or rates stated in each bid must be in a multiple of one-eighth or one-twentieth of one per cent per annum, payable semi-annually. MATURITIES: The Bonds mature serially in consecutive numerical order, from lower to higher, as follows: Principal Maturity Date Principal Maturity Date June 1 June 1 i0iount (both years inclusive ) mount (both Years lnclus $5,000 1957 - 1959 91.6,000 1969 - 1970 7,000 1960 17,000 1971 8,000 1961 18,000 1972 9,000 1962 19,000 1973 - 1974 10,000 1963 20,000 1975 11,000 1964 21,000 1976 12,000 1965 22,0.00 1977 13,000 1966 23,000 1.978 14,000 1967 24,000 1979 15,000 1.966 25,000 1980 26,000 1981 Series A Bonds Non. Al to A10, both inclusive, maturing on or prior to June 1, 1958, are not redeemable prior to their fixed maturity dates. , At the option of the City, Bonds Nos. All to 1380, both inclusive, maturing on or after June 1, 1959, are redeemable on December 1, 1958, but not prior thereto, and on any interest payment date thereafter prior to maturity, as a whole, or in part in inverse numerical order from higher to lower, from funds derived by the City from any source, other than the Sinking Fund referred to below, at the principal amount thereof and accrued interest to date of redemption. plus a premium as set forth in Column 3 below, and Ponds NOS. A147 to 2380, both inclusive, maturing on cr after June 1, 1971, are redeemable on December 1, 1958, but not prior thereto, and on any interest payment date thereafter prior to maturity, as a whole, or in part in inverse numerical order from higher to lower, from the Sinking Fund provided for in the Resolution, at the principal amount thereof and accrued interest to date of redemption plus a premium as set forth in Column 4 below, es follows: REDEMPTION: COLUMN 1 COLUMN 2 Bonds redeemed after June 1 and Prior to June 1 COLUMN 3 00.005 N 4 Premium if redeemed from source other than Sinking Fund Premium if redeemed From Sinkinc Fund 1958 1.960 5% 1960 1962 5% 3-3/49 1962 1964 4-1/ ,2% 3-i/2'Z 1964 1965 4-1/2% 3-1/4% 1965 1966 1966 1967 '% 2-3/45 1967 1968 3-1/20 1968 1969 3-1/29 1969 1970 3% 2% 1970 1971 3% 1971 1972 2-1/2% 1-1/2 1972 1973 29 1973 1974 1-1/11 1% 1974 1975 1-1/2% 3/4% 1975 1976 I.% 1/2% 1976 Maturity None None PAYMENT: Both prinoipal and interest payable in lawful money of the United States of America at the San Francisco Main Cffice of Bank of America National Trust and Savings Association, in San Francisco, California (the Citi,s Fiscal Agent). REGISRTION: coupon bond Coupon bonds will be issued by the City. Said bonds are registerable either as to principal, or as to both principal and interest, at holder's option, with privilege of deregistration and conversion into PURPOSE; The Bonds are authorized for the purpose of the acquisitionj construction and improvement of a project to be completed by November 1, 1956, and to be operated and maintained by the City for off— street vehicular parking facilities, all as described in and subject to the terms of the Resolution. All of the proceeds of sale of the Bonds will be applied to payment of the costs and expenses of acquiring and improvement of the project, inoluding all incidental costs. SECURITY: The Bends are revenue bonds, payable exclusively from Revenues (as defined in the Resolution.), including the Pledged Ne arKing Meter Revenues of the City which comprise 75% of the gross revenues of the City from the establishment and maintenance of on- street parking meters in the City, as more fully net forth in the Charter and the Resolution. Bidders are referred to the Resolution and to the Official Statement for further particulars. A Reserve FlInd will be initially created from the proceeds of sale of the Bonds in the sum of S24,000 and thereafter will be maintained. at that amount. COVENANTS: The Resolution contains covenants for the further protection of the Bonds, including provision for a Series A Oinking Fund, covenants to establish and collect fees, rates and other charges for the use of the project and covenants to establish, maintain and enforce on-street parking regulations, to maintain parking meters and to col- lect Larking meter fees in order to provide for bond service require- ment& and for the expenses of maintenance and operation of the project. Charges must be estehlished to produce annual net revenues eqiial to at least the minimum amounts thhreof specified in the Resolution. The Resolution and the Bonds may be amended and modified subject to the restrictions as set forth in the Resolution. fliders are referred to the Resolution for further details as to the covenants of the City. FISCAL AGENT: Bank of America National Trust and Savings Associa- tien, San Francisco, California, has been appointed Fiscal Agent for the payment of the principal and interest of the Bonds and the registration thereof and will hold in trust the Interest Fund, Principal Fund, Reserve Fund, and all moneys paid to it out cf Revenues of the project for tie pay- ment of Bond principal and interest and sinking fund purposes. TAX EXEMPT STATUS: In the event that prior to the delivery of the Bends the income received by private holders from bonds of the sure type and character shall be declared to be taxable under any- Federal income Fax laws, either by the terms of such laws or by ruling of a Federal Income Tax Authority or official which is folfhwed by the Internal Revenue Gervice, or by deci- sion of any Federal Court, the successful bidder may, at his option, prior to the tender of the Bonds by the City, be relieved of his obliga- tion under the contract to purchase the bonds and in such case the de- posit accompanying his bid will be returned, LEGAL OPINION: The la opinion of Pbssrs. Crrick, Dahlcuist, Herrington & Sutcliffe, of San Francisco, California, approving the validity of the Bonds will be furnished to the successful bidder without. cost. TERMS OF SALE HIGHEST DID: The Bonds will be awarded to the highest bidder con- sidering the interest rate or rates specified and the premium offered, if any. The highest bid (AS any) from the tntal amount of interest which the City would he required tc pay from the date of the Bonds to their respective moitority dates at the coupon rate or rates specified in the bid, and the award will be made on the basis of be lowest net interest cost to the City. "he lowest net interest cost shall be computed between the dates aforesaid on a 360-day year basis. The purchaser mast pay accrued in- terest from the date of the Bonds to the date of delivery. The cost cf printing the Bonds will be borne by the City. RIGHT OF The Council reserves the right, in its discretion, to REJECTION: reject any and all bids and to waive any irregularity or infcnoality in any bid. PROMPT AWARD: The Council will take action 8wardlhg the Bonds or rejecting all bids not later than 2h hours after the expiration of the time Herein prescribed for the receipt of proposals; provided that the award nay be made after the expiration of the specified time if the bidder shall not have given tc the Council notice in writing of the withdrawal. of such proposal. PROMPT DELIVERY: Delivery of the Hands will he made to the successful bidder against payment o] the purchase price of the Bonds at the principal office of the Fiscal Agent in Ban Francdsco, California, as soon as the bonds can be prepared, but not prior to June 1, 1956. and RIGHT OF CAWCELE7tICN: date cf sale, to the return The successful. bidder shall have the right, at his option, to cancel the contract of purchase if the City shall fail to execute the Bonds and tender the same for delivery within sixty (60) days from the and in such event the successful bidder shall be entitled of the deposit accompanying his bid. FORM OF ETD: All bids must be 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. Each bid, together with bidder's check, must te enclosed in a sealed envelope addressed to the Council of the City of Alameda, City Hall, Alameda, California, and endorsed "Proposal for City of Alameda Off-Street Perking Revenue Bonds, Series A". 310 CHECK: With each bid must he submitted a certified check or cashier's check for 0,000, drawn on a. bank or trust company transacting business in the State of California, payable to order of the City to secure the City from any loss resulting from the failure of the bidder to comply with the terms cf 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 reseective bids, which shall be considered as informative only and not binding on either the bidder or the City. Checks of the unsuc- cessful. bidders will be returned by the City by mail upon the award of the Ronde. No interest will he paid upon the deposit made by any suc- cessful bidder. OFFICIAL STATEEENT: The City has prepared an official statement a copy of which will he furnished upon request. There is no controversy or litigation pending or threatened concerning the validity of the Bonds, and the City will furnish to the successful bidder a no-litigation certificate certifying to the fore- going az of and et the time of the delivery of the Bonds. Dated: April 24, 1956. SHIRLEY n. TENNIER City Clerk of the City of Alameda, California Sec ion 5. This Resolution shall take effect from and after its passage approval. PASSED AND ADOPTED this 21,th day of April, 1956, by the following vote: AYES: Couhcilmen Haag, Hove, McCall, Mdresi and President Kranelly, (3). NOES: Nbne, ABSENT: None. Attest: SHIRLEY H, TENNIER City Clerk RAYMOND P KRANELLY Mayor of the City of Alameda, California CLERK'S CERTIFICATE I, SHIRLEY H. TENNIEH, City Clerk of the City of Alameda, California, do hereby certify that the foregoing is a full, true and correct copy of a resolution duty adopted at an adjourned regular meeting of the Council cf said City duly- and regularly held at the regular meeting place thereof on the 24th day of April, 1950, of which meeting all of the members of said Council had due notice and at which e majority thereof were present; that at said meeting said resolution was introduced by Councilman hove and read in full, and was thereupon adopted by the following vote: AYES: Councilmen Haag, Hoye, McCall, Moresi and President Kranelly, (5), NCES: None. ABSENT: None, That 1 have carefully compared the same with the original minutes of said meeting on file and. of record in my office and that said resolution is duly entered of record in the minute book of said Council and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. That said resolution has nct been amended, modified or rescinded since the date of its adoption and the same in now in full force and effect. WITNESS my hand and the seal of the City of Alameda this 25th day of pril, 1956. (SEAL) SHIRLEY H. TENNIER City Clerk of the City of \Iaareda, California * as as * * * * * * * I. hereby certify that the loreFollt is a full, true and correct copy of "Resolution No. 53.13, AppRavna OFFICIAL STATEMENT AND AUTHORIZING. AND DIRECTING THE SALE. O 3C ,000 PRINCIPAL AMOUNT OF CITY CT ALAMEDA OFF-STREET PARKING REVENUE BONDS, SERIES A", introduced and. adopted by the Council on the 24th day of April, 1956. im—sa s aisaya,A'AahayAqs/atayan-Asos....a 'itv11ark iof the its of Alameda