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Resolution No. 1123RESOLUTION NO. 1 1 2 3 A RESOLUTION PROVIDING FOR ISSUANCE AND SALE OF $900,000 PRINCIPAL AMOUNT OF BONDS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT FOR IMPROVEMENT DISTRICT NO. U-ii DESIGNATING SAID BONDS AS SERIES "C", DESCRIBING THE AMOUNT, DATE AND NUMBERS OF BONDS OF SAID SERIES "C" AND OF THE COUPONS TO BE ATTACHED THERET0~ FIXING THE MAXIMUM RATE OF INTEREST THEREON AND PRESCRIBING THE MATURITY THEREOF IMPROVEMENT DISTRICT NO. U-1 SERIES "C" - $900,000 RESOLVED, by the Board of Directors of the South Tahoe Pub- lic Utility District, E1 Dorado County, California, that WHEREAS, on May 4, 1967, said Board adopted its Resolution No. 825, A Resolution Providing for the Issuance of $2,700,000 Principal Amount of Bonds of the South Tahoe Public Utility Dis- trict for Improvement District No. U-1 and for the Issuance of Said Bonds in Series~ Providing for the Levy of a Tax in Said Improvement District to Pay the Principal of and Interest on Said Bonds; Designating $900,000 Principal Amount of Said Bonds as Series A~ Describing the Amount, Date and Numbers of Bonds of Said Series A and of Tile Coupons to be Attached TheretO, Fixing The Maximum Rate of Interest Thereon and Prescribing The ~aturity Thereof~ ' NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED, as follows: 1. The third series of "Bonds of the South Tahoe Public Utility District for ~nprovement District No. U-l", shall be known as "Series C", to be in the total principal amount of $900,000, and to be issued and sold as herein provided. 2. Series C Bonds shall be dated August 15, 1968, shall be negotiable in form and of the character known as "serial," and at the option of the bond purchaser shall be either 900 in number~ numbered consecutively from 1 to 900, inclusive, and of the denomi~ nation of $1,000 each; or shall be 180 in number, numbered consecu- tively from 1 to 180, inclusive, and of the denomination of $5,000 each. Bidders for said bonds must indicate in the bid proposal whether the denomination of bonds will be $1,000 or $5,000 as provided 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. Series C 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 (Both Inclusive) $1, ooo $5, ooo Denomina t ion s Denomina t ions Principal Year of Amount Maturity Callable 1 - 10 1 - 2 ll - 20 3 - 4 21 - 35 5 - 7 36 - 55 8 - 11 56 - ~0 12 - 16 81 -llO 17 - 22 111 - 140 23 - 28 141 - 175 29 - 35 176 - 21o 36 - 42 211 - 250 43 - 50 251 - 295 51 - 59 296 - 340 60 - 68 341 - 390 69 - 78 391 - 440 79 - 88 441 - 495 89 - 99 496 - 550 lOO - 11o $1o, ooo 1971 Non 10,000 1972 " 15,000 1973 " 20,000 1974 " 25,000 1975 " 30,000 1976 " 30,000 1977 " 35,000 1978 " 35,000 1979 " 40,000 1980 " 45,000 1981 " 45, ooo 1982 " 50, 00o 1983 " 50, o0o 1984 " 55, ooo 1985 " 55,000 1986 On and After 7/2/1978 551 - 610 lll- 122 60,000 1987 611 - 675 123 - 135 65,000 1988 676 - 745 136 - 149 70,000 1989 746 - 820 150 - 164 75,000 1990 821 - 900 165 - 180 80,000 1991 3. Series C Bonds shall bear interest at the rate of not to exceed six and one-half percent (6-1/2%) 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 2 said bond shall be interest coupons payable at the times the respec- tive interest payments thereon become due and for the amount thereof, as determined from the accepted bid for the purchase of the bonds. 4. Bidders for the purchase of Series C 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 per cent (2-1/2%) per annum. The interest rates stated in the bid may be in multiples of any fraction of one percent. Bidders shall not be permitted to cause the interest for a given period to be split and represented by more than one coupon. 5. Series C Bonds maturing by their term on or before July 2, 1985 shall not be subject to call prior to their respective fixed dates of maturity. Series C Bonds maturing on or after July 2, 1986, shall, by their terms, be subject to call and redemption, at the option of the District, as a whole or in part, in inverse numerical order on July 2, 1978, or on any interest date thereafter and prior to their respective dates of maturity, at the principal amount there- of and accrued 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 1%) 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. The form of Series C 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 registration shall be sub- stantially as provided in Exhibit "A" hereto attached and made a part hereof by reference. 7. In all other respects the provisions of said Resolution No. 825 shall be applicable to Series C bonds insofar as not in- consistent with the foregoing provisions of this Resolution, includ- ing particularly the provisions of Section Y through 14, inclusive. Pre,~i~ent of ~outh 2ah e Public Utility District ~~~~~_A ES.-JJ~'~ ~-/~erk and ex-oificio ~ecre a y I hereby certify that the foregoing is a full, true and correct copy of a resolution duly and regularly adopted by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, 20th day of California, at a meeting thereof duly held on the June, 1968, by the following vote: AYES, and in favor thereof, Directors: NOES, ABSENT, Wakeman, Kortes, Fesler, Hegarty, Ream Directors: None Directors: None Clerk and ex-officio ~ecretary o~ ~.~ South Tahoe Public Utility District 4 EXHIBIT "A" BOND FORM UZIITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF EL DORADO BOND OF SOUTH TAHOE PUBLIC UTILITY DISTRICT FOR IMPROVES~NT DISTRICT NO. U-1 SERIES C NO. $ ,000.00 KNOW ALL MEN BY THESE PRESENTS, that the South Tahoe Public Utility District, a public utility district, in the County of E1 Dorado, State of California, hereinafter referred to as "District", for value received, has obligated itself to pay to the bearer {or, if this bond is registered, to the registered owner hereof), on the 2nd day of July, 19 , the sum of THOUSAND DOLLARS with interes-~ereon from date at the rate of ~ per annum, as evidenced by interest coupons attached hereto at the time of issuance, said interest 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. The holder of this bond has all the rights of a holder of a negotiable instrument payable to bearer. 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 re- demption, at the option of the District, as a whole or in part, in inverse numerical order on July 2, 1978, 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-half of one percent (1/2 of 1~) of such principal amount plus one-quarter of one percent (1/4 of 1%) 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 to the bond called. The Treasurer must cause thirty (BO) days prior notice of redemption to be given by mail, and in addition must publish such notice once at least thirty (BO) 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 Treasurer must mail such notice by registered mail thirty (BO) 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 must be given to the registered owners by registered mail at least thirty (BO) days prior to the date of call. No interest shall accrue on said bonds called for redemption or on any interest co,pons thereon after the redemption date specified in said notice. 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, continue to bear interest at the rate stated herein until paid in full. 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 County Treasurer and ex-officio Utility District Treasurer, or at the designated correspondent banks of said Paying Agent in New York, New York, or Chicago, Illinois. This bond may be registered, de-registered and re-registered in the manner provided in the resolution authorizing the issuance there- of. If registered as to principal and interest, the principal here- of and interest hereon shall be payable only to such registered owner. If registered as to principal only, the principal hereof shall be pay- able only to such registered owner. This bond is one of Series C in the total principal amount of I900,000, being part of an issue in the total principal amount of 2,700,000, all of like date and tenor except as to number, maturity, interest and prior redemption provisions, all issued by the District for the purpose of paying the cost of the acquisition, construction, completion and repair of sanitary sewer improvements, works and prop- erty within the boundaries and for Improvement District No. U-1 of said District, as set forth and described in Resolution No. Providing for the issuance hereof, adopted by the Board of Director~ of said District on June 20, 1968, to which reference is hereby made for the obligations, duties, rights and privileges thereby created, and as authorized and in strict accordance with the Constitution of the State of California and Section 1640'7 of the Public Utilities Code of the State of California, as amended, and Division 20, Part 7 (commencing with Section 71851) of the Water Code of the State of California, as amended. Taxes levied for the payment of this bond and the interest there- on will be levied e×clusively upon the taxable property in Improvement District No. U-1. Neither the District nor any of its officers is to be held otherwise liable for the principal or interest hereof. There is a mandatory duty on the part of the Board of Directors of said District to annually levy a tax upon all ta~able property within Improvement District No. U-I, unlimited as to rate or amount and for such number of years as are necessary to pay all of the principal of and interest on this bond, and to use the proceeds thereof only for the payment of said principal and interest. It is Hereby Certified and Declared that all the provisions and requirements of the Constitution and laws of the State of Cali- fornia and the ordinances, resolutions and orders of the Board of Directors of said South Tahoe Public Utility District have been duly and regularly and fully complied with by the proper officers of said District in the issuance of this bond; that all acts and things and conditions required by law to be done precedent to, and in the issuance of, this bond have been done and have been performed in regular and due form, and in strict accordance with the provisions of the law authorizing this bond. ii IN WITNESS WHEREOF, the South Tahoe Public Utility District, by its Board of Directors, has caused this bond to be executed on its behalf by the President and Treasurer of said District by their printed, lithographed or engraved signatures hereon, and counter- signed by the manual signature of the Clerk and ex-officio Secretary of said District, who has affixed hereto the corporate seal of the District, and has caused the interest coupons to be executed and authenticated by the facsimile signature of the Treasurer, all as of August 15, 1968. President COUNTERSIGNED: Treasurer ~l'erk~and ex-officio Secretary INTEREST COUPON FORM No. $ On the 2nd day of July (January), 19 , the South Tahoe Public Utility District will p~y~to bearer (unless bond is registered as to principal and inter- est) 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 ($ t for interest, s~bjecb' to any prior redemption right re- served, then due on its Bond for Improvement District No. U-I, dated August 15, 1968. Taxes levied for the payment of this coupon will be levied exclusively upon the taxable property within Improvement District No. U-1 of said District. Bond No. , Series B. Treasurer REGISTRATION FORM This bond is registered in the name of the registered owner whose name and address appear last in the space below, as to iii 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: There must be no writing in the space below except by the Registrar. Date of Type of Name of Address of Signature of Re$istry Registration* Registered Owner Registered Owner Registrar Principal 0~'ly and Interest principal 0nly and Interest Principal only and Interest Principal o'~ly and Interest In the event registration is as to principal only, strike the words "and interest"; if as to principal and interest, strike the word "only". iv