Loading...
CC Resolution 1982-017& RESOLUTION NO. 8?17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA OUINTA, CALIFORNIA, PROVIDING FOR THE ISSUANCE OF NEGOTIABLE NOTES IN AN AMOUNT NOT TO EXCEED $15?OOO? WHEREAS, funds are needed to meet the immediate requirements of the City of La Quinta, including but not limited to the payment of current expenses, capital expenditures, and the discharge of any obligation or indebtedness of said City; and WHEREAS, the City may borrow for said purposes, such indebt- edness to be represented by a note or notes issued to the lender pursuant to Article 6, Chapter Part 1, Division 2, Title 5, of the Government Code of the State of California; and WHBREAS, Security Pacific National Bank has offered to lend the sum of $15,000.00 at an interest rate of 10 per annum, upon negotiable notes to be made payable on June O, 1982, with interest to date of payment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Council finds that it is necessary for the City to issue negotiable notes in an amount not to exceed $15,000.00, in order to meet the immediate requirements of said City. SECTION 2. The uncollected taxes, income, revenue, cash receipts and other moneys to be received by the City during the remainder of the Fiscal Year 1981-1982 and which will be available in said fiscal year for the payment of said notes and the interest thereon are estimated to be $18,000.00; the amount of the notes hereby authorized to be issued, together with other notes outstanding, if any, does not exceed 85? of said moneys. SECTION 3. Said notes shall be dated as of the date of delivery, shall be consecutively numbered and in such denominations as is agreeable to the City Treasurer and the Lender, but all notes shall be in a sum which is an even multiple of $1,000.00, shall not exceed the aggregate principal amount of $15,000.00, shall be paid on June 30, 1982, and shall bear interest at the rate of 10 7? per annum, payable at the maturity thereof. The right shall be reserved to said City to pay all or any part of said notes prior to maturity, in which event the interest due to date on the amount so paid shall be paid along with such payment of principal, and interest shall cease on the amount of principal so paid. No notice need be given prior to the exercise of such right by the City. SECTION Both principal of and the interest on said notes shall be payable in lawful money of the United States of America at the Lender's office located in Indio, California. 1- BIB] 04-19-1996-U01 02:26:53PM-U01 CCRES-U02 82-U02 17-U02 RESOLUTION-U03 NO.-U03 82-17-U03 CITY-U04 ATTORNEY-U04 CITYCLKDOCS-U05 NEGOTIABLE-U06 NOTES-U06 $15,000-U07 SECURITY-U08 PACIFIC-U08 NATIONAL-U08 BANK-U08 18TH-U09 DAY-U09 OF-U09 MAY,-U09 1982-U09 & SECTION 5. Said notes shall be payable from general, Un- restricted revenues of the City, including but not limited to transient occupancy taxes, cigarette taxes, motor vehicle in lieu fees, miscellaneous fines and motor vehicle code fines, to be received during the Fiscal Year 1981-1982, said moneys being hereby pledged to repay said notes; provided, however, that if said moneys or any portion thereof when received by the City will be encumbered for a special purpose other than the repayment of said notes, then pursuant to Section 5?856 of the Government Code an equivalent amount of the proceeds of said notes shall be set aside for and used fer said special purpose, and, provided, further, to the extent not paid from said moneys, said notes with interest thereon shall be paid from any other moneys of the City lawfully available therefor. SECTION 6. Said notes shall be signed by the Mayor and the City Treasurer, and countersigned by the City Manager and shall be in substantially the following form.' CITY OF LA QUINTA No NEGOTIABLE NOTE FOR VALUE RECEIVED, the City of La Quinta, California, a municipal corporation, promises to pay to Security Pacific National Bank, or order, on 19 the sum of with interest thereon, payable at the maturity thereof, at the rate of 10 per annum from the date hereof. Both principal and interest are payable in lawful money of the United States of America at Indic, California. The right is reserved to said City to pay all or any part of this note prior to maturity, in which event the interest due to date on the amount so paid shall be paid along with such payment of principal, and interest shall cease on the amount of principal so paid. No notice need be given prior to the exercise of such right by the City. The principal of and the interest on this note are payable from general, unrestricted revenues of the City, including but not limited to transient occupancy taxes, cigarette taxes, motor vehicle in lieu fees, miscellaneous fines and motor vehicle code fines, to be received during the Fiscal Year 1981-1982, said moneys being hereby pledged to repay this note and the interest hereon. To the extent not paid from said moneys, this note shall be paid with interest hereon from any other moneys of the City lawfully available therefor. IT IS EREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this note have existed, hap?ene d and been?e rformed in due time, form and manner as required bylaw, and that the amount of this note, together with all other indebtedness of the City, does not exceed any debt limit prescribed by the laws or Constitution of the State of California. 2- BIB] 04-19-1996-U01 02:26:53PM-U01 CCRES-U02 82-U02 17-U02 RESOLUTION-U03 NO.-U03 82-17-U03 CITY-U04 ATTORNEY-U04 CITYCLKDOCS-U05 NEGOTIABLE-U06 NOTES-U06 $15,000-U07 SECURITY-U08 PACIFIC-U08 NATIONAL-U08 BANK-U08 18TH-U09 DAY-U09 OF-U09 MAY,-U09 1982-U09 & IN WITNESS WREREOF, said City of La Quinta has caused this note to be signed by the Mayor and the City Treasurer of said City and countersigned by the City anager of said City, and sealed with the corporate seal of said City, and has caused this note to be dated the day of 1982. MAYOR COUNTERS IGNED CITY MANAGER SEAL) CITY TREASURER SECTION The City Council hereby finds and determines that it is necessary and desirable that the City borrow from Security Pacific National Bank, a sum not to exceed $15,000.00, such indebted- ness to be represented by the negotiable notes authorized hereby. The Mayor and The City Treasurer are authorized to sign said notes and the City 1anager is authorized to countersign said notes and to date and seal said notes on the date of delivery thereof. Said notes shall be issued according to the terms and substantially in the form provided in this resolution. SECTION 8. This resolution shall constitute acceptance of the offer of security Pacific National Bank above referred to. APPROVED and ADOPTED this 18th day of May 1982. &vAJ ATTEST CI?Y APPROVED AS TO FORM: APPROVED AS TO CONTENT. Y;?< ATTORNEY? CITY 3- BIB] 04-19-1996-U01 02:26:53PM-U01 CCRES-U02 82-U02 17-U02 RESOLUTION-U03 NO.-U03 82-17-U03 CITY-U04 ATTORNEY-U04 CITYCLKDOCS-U05 NEGOTIABLE-U06 NOTES-U06 $15,000-U07 SECURITY-U08 PACIFIC-U08 NATIONAL-U08 BANK-U08 18TH-U09 DAY-U09 OF-U09 MAY,-U09 1982-U09 & 78 100 CALLE TAMPICO LA QUINTA CALIFORNIA 92253 714) 564-2246 714) 340-5445 May 21, 1982 LEGAL OPINION TO: City Manager of La Quinta; Security Pacific National Bank, Attn: Mr. Charles E. Stebbins, Manager, Indio Office; and to whom it may concern. FROM: Raymond E. Ott, City Attorney, City of La Quinta, California SUBJECT: Tax Anticipation Notes Authorized by Resolution No. 82-17 On May 18, 1982, the City Council of La Quinta, California, at a regular meeting thereof, adopted the subject Resolution No. 82-17, a copy of which is appended hereto for ready reference. Said Resolution No. 82-17 was adopted pursuant to the authority of Article 7.6, Chapter Fart 1, Division 2, Title 5 commencing with Section 53850) of the Government Code of the State of California. Said resolution contemplates the temporary borrowing of not to exceed $15,000 during the forthcoming period until June 30, 1982, and provides for repayment of said borrowed funds as of the due date of June 30, 1982. The maximum interest rate provided for is 10% pursuant to Sec. 5385?, 6vt. Code). OPINION In my opinion: 1 Upon issuance of the note or notes provided for by Resolution No. 82-17 and the disbursement of funds therefor by Security Pacific National Bank, a valid, binding and legally enforceable obligation will be assumed by the City of La Quinta, California to repay the borrowed funds to the said Bank, not later than the time indicated hereinabove, and with the intere?t payment provided for in any such note or notes. 2. The City of La Quinta is a duly constituted municipal corporation of the State of California and is legally authorized to issue the notes provided for by said Resolution No. 82-17. 3. The action of the La Quinta City Council in adopting Resolution No. 82-17 is the final action necessary to authorize the contemplated transaction(s) and no further action by any other body, agency or entity is necessary in order to complete or ratify the said action by the La Quinta City Council. OTT City Attorney of La Quinta, California BIB] 04-19-1996-U01 02:26:53PM-U01 CCRES-U02 82-U02 17-U02 RESOLUTION-U03 NO.-U03 82-17-U03 CITY-U04 ATTORNEY-U04 CITYCLKDOCS-U05 NEGOTIABLE-U06 NOTES-U06 $15,000-U07 SECURITY-U08 PACIFIC-U08 NATIONAL-U08 BANK-U08 18TH-U09 DAY-U09 OF-U09 MAY,-U09 1982-U09