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HomeMy WebLinkAbout75-142Bi3TTE COUNTY SEF2VICE AREA N0. 26 RESOLUTION PTO. 75-142 __ R~SdLUTION PRESCRIBII3G TTiE DENQMINATION, MATURITY SCHEDULE AND R~DEMPTION PROVISTON FOR $808,000 PRINCIL~P;T, AMOUNT OF BUTTE COUNTY SERVICE AREA NO. 26 ~975 SEWEkt BO1~DS, TO CONSTITUTE SERIE$ B THERE- OF; 7~,ND PRESCRIBING TIiE FORMS OF SAID 6ERIES B BONDS AI3D OF TFiE COUPONS TO BE ATTACT-TED THERETO. WHEI.tEAS, this Board of Supervisors by Resolution No. 7:i-O aclopted on January 21, 1975, Ycas duly authorized the issuance of $1,500,000 principal amount of Butte County Ser- vice A~ea No. 26 1975 Sewer Bonds, and $400,000 principal amount of said bonds, constituting Series A thereof, were duly issued, sold and delivered; NOW, THEREFORE, BE IT RESOLVED AND ORIIERED by the Board of Supervisors of the County of Butte, as £oilows: Sectipn 1. Resolution No. 75--8 adopted by this Board of Supervisors on January 21, 1975 is hereby incorporated herein by reference and made a part hereof, except only as herein specifically otherwise provided. Section 2. $808,000 principal amount of the Butte County Service Area No. 26 i975 Sewer Bonds sha11 be issued and ~t51d as hereinafter provided and said $808,0~0 principal amount of bonds are hereby designated for convenience as the Series B bonds, and the remaining $292,000 principal amount of said anthorized issu~ of bonds shall be issued and sold and desig- nated as this Board of Supervisors shall hereafter determine. Said Series B bonds shall mature and become payabie as set forth in the following schedule: Principal Maturity Date (January 1) Amount (both years inclusive) $ 8,000 1979 10,000 1980 - 1988 15,000 Z989 - 1995 20,Ob0 1996 - 2000 25,000 2001 - 2004 30,000 2005 -.2007 35,000 2008 - 2010 40,000 2011 - 2013 45,000 2014 - 2015 Except as provided in Sec~ion 3 hereof, said Series B bonds shall be issued in coupon form payable to bearer, shall be 164 in number, numbered in co nsecutive numerical order from Bl upwards in order ot their respective maturities, with Series B bonds numbered B1-B3, bo~h inclusive~o~ the denomination of $1,000 and Series B bonds numbered B4-B164, both ~nc~usive, of the denomination of $5,000, a nd shall bear interest frpm their date until paid. Such interest shall be evidenced by coupons attached to each 5eries B bond, and each of said coupons shall represent six months` in~erest on the bond to which it is attached (except the first of said coupons, which shall repre- sent twelve months' interest on ~he bond to which it is attached). Said interest coupons shall be numbered in consecutive numerica~ order and sha11 be payable semiannually on January 1 and July l in each year until said bonds are paid (except that the first coupon on each such bond shall be payable on Januarp 1, 1976). 2 Both the principal of and interest on said bonds shall be payable in lawful money of the United States of America at the office of the County Treasurer of Butte County, in Oro- vi11e, California, Series B bonds maturing by their terms on or prior to January 1, 1985 are not subject to redemption prior to their fixed maturity dates. ~ Series B bonds maturing by their terms on or after January 1, 1986 are subject to redemption prior to their fiXed maturity dates, at the option of this Board of Supervisors, on January, 1, 1985, but not prior there~o, and on any interest' payment date thereafter prior to maturity, as a whole or in part in inverse numerical order, at the principal amount thereaf and accrued interest to date of redemption. Whenever funds are available for the ca11 and redemption of any of said bonds then subjec~ to call and redemption, this Board of Supervisors shall de~ermine the numbers of said bonds to be called and redeemed, and the date of redemption thereof, Notice o~ any such redemption shall be published by this Board of Supervisors once a week for three 5uccesszve weeks in a newspaper of general circulation printed and published in the County of Butte, State of California. The notice of redemption shall set fozth the bond numbers and principal amount of said bonds so ~o be called and redeemed. Similar notices shall be mailed at the same time by this Board of Supervisors to the respective registered owners of any of said bonds called for redemption at their addresses a~pearing on the registration book in the office of the Treasurer of the County of Butte; provided that such mailing shall not be a condition precedent tv such redemption and failure to mail or receive any such notice shaZl not affect the validity of the proceedings for the redemp~ion of any of said bonds. The first publication 3 _ ,, _ -- _ _ - ___ .. _, .. ~ .~1~1~.: o£ such notice of redemption shall be not less than thirty (30) days nor more than sixty (60) days prior to the date fixed for such redemptinn. After the date fixed £oz such redemption, if this Soard of Supervisors shall have duly published notice of such redempt~on and shall have provided funds available for payment of the principal and accrued interest on said bonds so called, interest on such bonds shall cease. Al1 of sa~d bonds and coupons surrendered upon ca11 for redemption shall be cancelled and shall not be reissued. Section 3. Notwithstanding anything to the contrary herein contained, the initial purchaser of said 8eries B bonds may elect to receive, in lieu of coupon bonds as provided in Section 2, fully registered bonds in the denomination of $1,000 or $5,000, as the case may be, issued pursuant to thi5 section, which fully registered bonds shall be numbered from RB1 up- wards in the order of their respective maturit~es, and shall bear interest from their date of initial registration and de- livery. Said bonds issued zn fully registered.form shall be ex~ changeable a~ the expense of the Area at any time after the first payment of intexest thereUnder, upon 90 days' notice, at the request of ~he registexed owner and upon surrender of such fully registered bonds at the office of the Caunty Treasurer of the County of Butte, for the para11e1 numbered bonds issued in coupon form as provided in Section 2, and such bonds issued in exchange in coupon form shall have attachefl thereto coupons rep- resenting interest from the date to which interest has previously been paid on the fully registered bonds. Any fu11y registered bonds so surrendered shall be cancelled, and shaZl not be reissued. Section 4. Said Series B bonds in coupon ~orm and the coupons to be attached thereto and said Series B bands in fully registered form shall be in substantially the following forms, respectively: 4 Section 5. This resolution sha11 take effect immediate].y . PASSED AND ADOP~'ED September 30, 1975 by the follow- ing vo~e: AYES: Supervisors Cameron, Madigan, McKillop, Richter and Chairman Ladd NOES : None ABSENT: None airman o£ the Boar f Supervisors of the Coeuity of Butte [ SEP,L ] ATT~S~: CLARK A. NELSON, COUNTY CLERK BY:~~ev ~ Clerk of the oard o~ rvisors of the County of Butte Board of Su pervisors Clerk ii ~ _ _... __ .__... . ---- __ _ _ _ .. . __ __ _ ~ ~ ~ ' ~ . .. ~ i [Foxm of Coupon Bond~ UNITED STA~ES OF AMERICA STATE OF CALIFORNIA COUNTY OF BUTTE BUTTE COCTN'I'Y SERVICE AREA N0. 26 1975 SEWER BOLVD, SERIES B No. g The Board of Supervisors of Butte County, State of California, for and on behalf of BUTTE COUNTY SERVICE AREA NO. 26, a county service area dul.y established and exis~.ing under the County Ser~rice Area Law of the State of California and located in Butte CauntX, State o£ California, for value received hereby promises to pay (sol.ely out of the revenues hereinafter mentioned) to the bearer hereof (or if this bond be registered, to the registered holder hereof) on 3ANUARY 1, (subject_to any ri.ght of prior redemption hereinafter reserved) the principal sum of THOUSAND BOT,LARS ($ ) together with interest thereon at the rate of five per cent (5~) per annum un~il paymen~ o£ said principal sum in £u11, payable annually the first year on J'anuary 1, 1976 and thereafter semiannually on January ]. and July I of each year. Unless this bond is registered, suck- interest, at or 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 interest on this bond are payable in lawful money of the United States of ~lmerica at the office of the County Treasurer of Butte County, in Orovi3.le, Cali~ornia. Bonds maturing by their ~erms on or prior to January l, 1985 are not subject ~o redemption priar to their fixed maturity dates. Bonds maturing by their terms on or after January 1, 1.986 are subjec~ to redemption prior to their fixed maturity dates, at the option of the County of Butte, on January l, 1985, but not prior thereto, and on any interest payment date thereafter pr.ior to maturity, as a whole or in part a.n in~crerse numerical ozder, at the princ~.pal amount thereof and accrued interest to date o£ redemption. This bond is one of a duly authorized issue of bonds aggregating Qne Million Five Fiundred Thousand Aoilars ($1,500,000) in principal amount, all of like tenoz and date (except for such variations,.if any,_as m~ be.required to designate varying _ _. --_ - series, denominations, numbers or maturiti.es) an~ is issued under and pursuan~ to the provisions of the Constitution and statutes of the State of California, and under and pursuant to proceedings of the Board of Supervisors of Butte County duly adopted and taken and a vote and assent of more than two-thirds of all of the qualified electors of Butte Caunty Service Area No. 26 voting at a special eleation duly cal3.ed and held for that purpose. purpose. This bond may be registered as to principal and interest and thereafter the prancipal and interest hereof sha11 be payable only to the registered owner. It is hereby certified, recited and declar~d that all. acts, conditions and things required by law to exist, happen and to be performed precedent to and a.n the issuance of this bond ha~re existed, happened and been performed in due time, form and manner as requi.red by law, and that ~he amount of this bond, together with all other indebtedness of Butte County Service Area I3o. 26, does not exceed any limit prescribed by ~he Constitution or statutes of the State of California, and that provisaon has been made as required by the statutes of said State for the levg and collection of an annua~. tax on the taxable property in said Area for the payment of the principal of and interest on this bond as the same become due. This bond and the interest hereon are payable only from the revenues derived from taxes levied and collected upon the taxable property within said Area, and the issue of bonds of which this bond a.s one does not constitute a general obligation or indebtedness of the County of Butte, and neither said Count_y nor any officer thereof is holden otherwise for tlie payment thereo~. IN WITNESS WHEREOF, ~he Board of Supervisors of Butte County has caused this bond ~o be signed by its Chairman and coun~ersigned by its Clerk and its seal to be hereto affixed, and has caused the interest coupons attached hereto to be signed by its Clerk, and this band to be dated January 1, 1975, [SEAL] C i.rman of ~h Boar of Supervisors of Butte County Countersigned: Clerk of the Board of Supe~visors of But~e County [Form of Coupon] Coupon No. On . ~ the Board of Supervisors ~ of ~utte County, £or and on behalf of BUTTE COUNTY SERVICE AREA NO. 26, will (unless the within men~ioned bond be registered) pay, solely out of the revenues referred to in said bond, to the bearer at the office of the County Treasurer of Butte County, in Oroville, California, the sum'set forth herean in lawful money of the United States $ of America, being znterest then due on its 1975 Sewer Eond; Series B, dated January 1, 1975, No. B Clerk of the Board af Supervisors af Butte County 7 _ __ _ _ _ __ _ ___ _ _ . _ _ _ _ _ ~l 1 _ .. : . ~ ;r ~ [Form of Fully Registered Bond] UNITED STATES OF AMERIC~ STATE 0~' CALZFORNIA COUNTY 0~' BUTTE BUTTE COUNTY SERVICE AREA N0. 26 ~-975 SEWEI2 BOND SERIES B No. ~ $ The Board of Supervisors o£ Butte County, Sta~e of California, for and on behalf of BUTTE COUNTY SE~tVICE AR~1~ Np.26, a county service area du~.y established and existing under the County Servica Area Law of the State of California and located in Butte County, State of California, for value received hereby promises to pay (solely out of the revenues hereinafter mentioned) to the registered owner her~of on JANUARY 1, (subject to any right o~ prioa~ redemption hereinafter reserved} the principal. sum of THOUSAND AOLLARS ~$ ) together with interest thereon from the date of i.nitiaJ. re- gistration hereof {as set forth on the reverse hereo£) at the rate of five per cent (5~) per annum until payment of said principal sum in full, payable annually the £irst year on January 1, 1976 and thereafter semiannually on January ~. and Su1y 1 of each year. Both the principal of and interest on this bond are payable in lawful money nf the United States of America at the office of the County Treasurer of Butte County, in Oroville, California. Bonds maturing by their terms on or prior to January 1, 1985 are not subject to redemption prior to tl~eir fixed maturi.ty dates. Bonds inaturing by their terms on or after Januaz~y l, 1986 are subject to redemption pr~.or to their fixed znaturity dates, at the option of the County of Butte, on ~anuary 1, 1985, but not prior thereto, and on any interest payment date thereafter prior to matnrity, as a whole or in part in inverse numerical order, at the principal amount thereof and acc~ued interest to date of' redemption. 8 This bond is one of a duly authorized issue of bonds aggregating One Mi.llion Five FIundred Thousand Dollars {$1,500,000) in principal amount, all of like tenor and date {except for such variations, if any, as may be required to de.signate varying series, denominations, numbers or maturities) and is issued under and pursuant to the provisions of the Constitution and statutes of the State of California, and under and pursuant to proceedings of the Board of Supervisors of Bu~te County duly adopted and taken and a vote and assent of more than two-thirds of all of the qualified electors of Butte County Service Area No. 26 voting at a special election duly called and held for that'purpose. This bond is transferable on ~he registration books kept by the County of Butte by the registered owner or agent duly authorized in writing, after which it shall be registered in the name o~ the new owner, and both the principal of and interest an ~his bond shall be payable only to the register2d owner. This bond is exchangeable at the expense of the County of Butte at any time after the first payment of interest hereunder, up.on 90 days' notice, for the paralle~ numbered coupon bond, payable to bearer, which shall have attached thereto coupons representing interest from the date to which interest has been paid on this bond. * This bond is given as evidence of a loan to the County of Butte made by the United States of America pursuant ~to the Consolidated ~arm and Rural Development Ac~, and shall be subject to the present regulations of the Farmers Home Administration and to its future regulations not inconsistent wi~h the express provisions hereof. It is hereby certified, recited and declared that all acts, conditions and things required by law to exist, happen and to be performed precedent to and in the issuance of this bond have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this bond, together with a11 other indebtedness of Butte County Service Area No. 26, does not exceed any limit prescribed by the Constitution or statutes of the State of Ga~ifornia, and that provision has been made as required by the statutes of said State for the levy and collection of an annual tax on the taxable property in said Area for the payment of the ~rincipal of and interest on this bond as the same become due. This bond and the interest hezeon are payable only from the revenues derived from taxes levied and collected.upon the taxable property within said Area, and the issue of bonds of which this bond is one does not constitute a general obligation or indebtedness of the County of Butte, and neither said County nor any officer thereof is holden otherwise for the payment thereof. * To be printed only if the bonds are purchased b~ the ~nited States of America, Farmers Home Administration. IN WITNESS WHEREOF, the Board of Supervisors of Butte County has caused this bond to be signed by its Chairman and countersigned hy its Clerk and its seal to be hereto atfixed and this bond to be dated January 1, 1975. [SEAI~] hairn-an o t e Boar of Supervisors of Butte County Countersigned: Clerk of the Board of Supervi.sors of Butte County [Form o~ Registration Endorsement] This bond has been initially registered on the date first herein set forth in the name of the person first herein set forth, and both the principal of and interest on this bond are payable solely to such registered owner; provided that this bond may be transferred on the registration books kept by the County Treasurer of Sutte County by such registered owner or agent duly authorized in writing or by any successor registered owner, whereupon the prior registration noted hereon shall be cancelled by said Treasurer and the name of the new registered owner sha11 be inserted hereon, and thereafter bo~h the p~incipal of and interest on this bond shall be payable solely to such registered owner. NOTE: There must be no writing in the space below except by the County Treasurer of Butte County. I3ame and Address of Signatuz~e of Date of Registration Re istered Owner County Treasurer 10