HomeMy WebLinkAboutMinutes 06/25/1959June 25, 1959 7 10:00, A M.
City Hall Petalumaj Cafff.
Spec , ial�m_ eeting of. the- Council of the'-City;of *Petaluma called to order -by Mayor
.parent.
ROLL CALL
Present'? Councilmen -Crinella, - Ellis., -King;- 'Van..gabber- & Mayor'Parent.
Absent:- Councilmen .Gustafson -and Matzen.
CALL FOR MEETING:
The" Clerk read the Mayor!-s -call. for the' Special Meeting, the certificate of
mailing of notices of'said call; and the consent of the members of the, Council to
f q
the holding of said meeting.
a.
4 d7
Thle.purpos I e of the meeting being to consider the proposed ordinance
creating a . water department; and char ter furnished
p v water rates providing charges for water
by -the water . system of the City; petting forth and ,providing ,for establishment of
rules..Ano - ir.egulati6nsfor"wate.r service and connections,: etc. , ....... members of
the .City, Council expressed their -wishes regarding certain changes which they
,
felt necessary.l
Afteir a lengthy discussion in which .members of the.Council, Mr., Ed Wells
of Stone & Youngberg, - City. Attorney. -Ed- Robert- and,,City- Manager -'Ed-,F rank partici-
.9b
pat0d;- and, after.polling ,the iCouncil, the following changes were directed made in
the propOsed -ordinance:
Section 11, paragraph .A, changed to read,-,
:.Connectidns,: Permit. to Connect; Main, -Extensions,
.Any:pei; I son whose premises; -are not connected with the-Wator
System "t,
upon the date of acquisition of the Water 'System.by. the City y -s hall
connectpremises or to be connected with the
any prem cause any premises
Water System only, after first obtaining apermit .to.do so from, the,Manager,
and, except for a connection made pursuant to Paragraphs G or - A of this
section, shall pay .-a,connection charge which shall. be.the v-.actdd-1cost of the
meter
Section ll,,- paragraph,G; lines.8 & 9.:
the word's "if required:, or $100, whichever .is greater" deleted.
Section n I.I., paragraph G;. lines 17 4 18:
the words -"if more than ,$100'." deleted.
Section I I.* pArAgrap h H; last sentence thanLTed to read:
"Adjustment of any 'substantial difference between the estimated
and -the rieas.onable:ac*tdal cost of such installation will be within
00'days -after'completiOn of 'the installation and :such coriniectidn,'.charge
, days
11 .1 T, I. " F...
(except subject to refund"
for the cost* of, the meters) 'Shall be su
152
141Y-25,, 1959
Water Department,;- Duties of Manager.
Section.12, paragraphb, changed to, read:
"Subject to the .general control of the Council,:- and the limitations.
. of the'Charter, the .Water- shall consist of q,Mqnager of the
-
e'' u
Water Dep4rtm, __n -a.s, p0rintendent and such other empld, Ye,ies,:ag"dre
determined to be. necessary. "
The --above changes having been made,
Ord., #544 N. C. S.
introduced by Councilman-, Ellis,, seconded by,Co.uncilma'n Van Bebber, entitled!
?'AN ORDINANCE OF THE CITY OF PETALU MA. CREATING A WATER
DEPARTMENT;- PROVIDING WATER RATES. AND CHARGES'FQR, WATER
FURNISHED BY THE' ,.WATER ,SYSTEM OF -.SAID: CITY, SETTING FORTH
AND PROVIDING FOR ESTABLISHMENT OF RULES Ahb"1REb,QL" A. tIONS
FOR,
-1 - PROVIDING - : � �, I �.., - I . � N I il _...6 ' FOR . WATER SERVIQ E AND CONNECTIONS;- PROVIDING FOk" ' , G MEANS _F
COLLECTION
ECTION OF CHARGES. . AND . FOR
OR ENFORCEMENT
NT : Ml_�-,,ASUR , E`S.IN
CASE OF NONPAYMENT OF CHARGES OR FOR CERTAIN'VfbLATIbNS��..
PROV PROVIDING
. . - IDING FOR CERTAIN GIMUMSTANCJ�S;. I
FOR DISPOSITION OF REVENUES RECEIVED PURSUANT TO THI
S
ORDINANCE,., AND FOR USES TO, WHICH, SUCH REVENUES ), SH,ALL,..BE
APPT_I,ED; AND PROVIDING FOR EFFECTIVE DATE qFTA:'IS ORD.':
INANCE AND OF CHARGES HEREUNDER.
was ordered *published by the .following vote:
Ayes: Councilman Crinella Ellis, King,_ Van, Be4bgrj and Parent.
Noes`. None.
Absent,'. . Councilmen Gustafson'& Matzen.
The pqrpos,e for which the meeting was -called having been °acc 6` plished.
the meeting, was.adjourned.
.Attest.:.
City; Clerk
2
Mayor"
I
1
I
June 2% 1959 - 7:30 pa me
City Hall - Petaluma,- Calif;
Adjourned ineeti.ng of the Council of the City,of Petaluma called to order
by Mayor Parent.
ROLL CALL:
Present: Councilmen Crinella, Ellis,. Gustafson,' Matzen, Van.Bebber
and Mavor Parent.
Absent: Councilman King.
APPROVAL OF MINUTES:
Minutes :from the meeting of June 25, 1959, were approved as recorded.
Mayor Parent requested that the minutes of June 22, 1959, be corrected
to indicate. that moneys received by the Chamber of Commerce from the City
were not used to pay salaries or to run the Chamber of Commerce, but for
Butter and Egg 'Days; industrial promotion, etc,
The Clerk was directed to correct the minutes accordingly., Minutes
from the meeting of June 22, 1959, were then approved-as.correctedo
;PETITIONS .& COMMUNICATIONS:
Letter -from State Dept. of --Public_ Works dated- June 23, 1-959, signed
by, Fo W. Montell, Assistant Dist. -Engineer, attaching Memorandum of
Agreement for expenditure of Engineering Allocation for City streets for the
fiscal year ending June 30, 1960, submitted and filed; whereupon,
Res, - #2267 Na Co S.
introduced by Councilman Matzen, seconded by Councilman .Crinella, entitled,
'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PETALUMA ADOPTING BUDGET AND APPROVING MEMO-
RANDUM OF' AGREEMENT FOR EXPENDITURE OF FUNDS
ALLOCATED CINDER SECTION 21.07. 5 OF THE STREETS
AND HIGHWAYS CODE.
was read and adopted by 6 affirmative votes, 1 absentee,
Naval Ammunition Depot � Re Moving of -Same
Letter from Petalo.in.a Chamber of Commerce dated June 23, 1959;
requesting that the City protest the relocation of the ammunition depot to
Tubbs Island, read and filed.
Members of the Council unanimously agreed that the proposed reloca-
tion of the depot should ,be protested.'
Councilmen Ian Bebber and-Crinella pointed out -the harm the relocation
of the" depot could do- in regard to any future industrial -bay frontage.
ZThe City. Attorney was --directed to prepare a resolution, expressing. the
Council's ,opposition to the project., and the matter was to be taken up later
in the mee�tinga
Letter from Assistant County. Counsel John Co- 'Gaffney dated -June 22,
1959,, J-0, McDowell. School site road. problem, read and filed,.
Councilman King .entered the meeting at this timem - �-' approximately
7:45 pa. mo
(1)
Draft of. proposed letter composed by Dir. of Public. Works- Alfred JoRoberts, onstructio-h _60., re -McDowell Apartments
addressed to -Swans.on..C'
was read,' approved by the Council for or mailing ! Ing " a '. nd filed','
Referring Pack to the letter from Assistant County--Coun.spl--John.C.
Gaffney, - CoUricilman King suggested that the Council- go out to- the area involved
to look over the street situation and decide What should be don I e.
Letter from James ' L
thanking the.. City Council and
taken on hisrecent request to
Scott, 651
-Planning -(
rezone p-.
Letter, from Gordon--W,- Millers
& Water. 'Conservation Dist., dated June
design, read andfiled,
ra-I.-Ave, ,-
issio'n for
.y, read a
dated June: 22, 1959,
the favorable, action
ad filed,
'Engineer, Sonoma.,Sjounty Flood
1959,' re Petaluma aqueduct
The letter stated in part. .."It wouldippear to me that if your City.
Council, by resolution., were .to request the Board of Directors of the -District
to start surveys, route studies, and design as scheduled with the -understd.nd-
ing that District costs so-incuTred'would'be a retroactive charge 'against- bond
funds when,av'aflableg -that the Board would authorize- the start of -such work
utilizing other funds a.Vailableto the. Distri&,on an initoriny,basis".,
Copies of the -letter were to be submitted - to members of the, Council.
for their information. - - , prepare The City Attorney- was directed -to p re a resolution, as suggested
in Mr. Mifler°s letter,- for next'. Monday miliCs meeting,,
8:.-20'p, m. Councilman King was., excused from the meeting at this
time,
REPORTS OF CITY OFFICIALSL:
�City.Manager
Claims approved for payment. by .the, Qi ty Manager -were submitted
and filed;, whereupon,
Res. . #2272 N. C S,a-
introduced by Counc.ilmari Matz.en, seconded ,by CoUncilman.Crinella;. qppr,,Ov-
ing claims -and-bills (Nos.. 4797 -to .4999 inclusive)', was read "and adopted by
6 affirmat'ive votes,.• I absentee,
City-Tlanning. Commission
:Pen Woodworth -Annexation
Res6lUtibnbf'Plahn1hg_'C6m mission recommending'adoption Of .proposed
amendment to Zoning -Ord.', #340 NQS, reclassifying- the -.^"U"'z6n"E'1d' -area known
as Ben .Woodworth -Annexation, except the 92 -k 50 ft, Parcel on the -!NW- bound
ary, and the adjoining --R R2 .�,Pnd R73 lairds to
the south-whichare owned
by Ben Woodworth to -an "R.-:� I ` zone or distric,t,- submitted -and -ffledletter
of explanation thereon dated june!2,6, 1959, signed 'by:Dit6ct1or.oj"P I 'a n-n i n' g
Richard H. Coleman, submitted and fib
Mr. Ben -.Woodworth 6.ddres-'sed the Council pointing out the .exact
Onjp
bounda-riesoithi�'*p,roposed-rez:'' 9.
To 'a question by. Councilmah',Gustafson relativ.e:-to the, inclusion -of a
playground area in the -annexation, -Mr . Wobdworth )stated that a: playground
area consisting of 3 blocks had Prigih4.11y-been planned-.- - However,, -to--complywith. F. . H, A-.- regulation on- this, it eras le'ar',ho'd :that -the"playgrodi.,id Area -have
to contain -an area- of -some _-6 or'.'7-b16cks. If the City wi-sh&s- to -acquirle the
necessary'additi.ona-l-l-lots-,,for this -purpose, -Mre Woodworth sia'te'd--thdt he would-
be willing �o sell these lots at the development'p*Ti.ce of aPprbx_1-1r1cately;$2400. ea.
(2) (cont"d)
I
I
a
June 29, 1959
Ben. Woodworth -Annexation - cont'd
Mr. Woodworth stated that: there would not be adequate space within
the annexation for a school site, although there was suitable property on the
north boundary, of the annexation for this purpose.
The following 9rdinance was.then introduced:
Ord.. #545 -N, C o S o
introduced by Councilman Gustafson,, seconded by Councilman. Ellis, entitled,
"AN ORDINANCE AMENDING THE ZONING ORDINANCE NO.
3,40 No Ce Sa BU RECLASSIFYING THE "U" ZONED AREA KNOWN
AS BEN WOODWORTH ANNEXATION, EXCEPT THE 92 X 50
FOOT PARCEL ON THE NORTHWEST BOUNDARY, AND THE
ADJOINING. R-1, R.-2.and R�3 LANDS TO THE SOUTH WHICH
ARE OWNED BY BEN WOODWORTH,. TO AN "R-1" ZONE OR
DISTRICT.,
ordered published by the following vote.
Ayes.. Councilmen C.rinella, Ellis, Gustafson, Matzen
and Mayor Parent.
Noes. Councilman Van Bebbere
Absent. Councilman King.
.Variance E.- Von Raesfel.d
Resolution recommending. granting of Variance to E. . Von Raesfeld,
26 LdCresta., submitted and filed; whereupon,
Res. - 42269 N, Ca So
introduced by Councilman Ellis, seconded by Councilman Van Bebber, entitled,
"RESOLUTION GRANTING APPLICATION OF E. VON RAESFELD
FOR A VARIANCE. FROM THE REQUIREMENTS OF ZONING
ORDINANCE NO, . 340 No Co Se. "
was read and adopted by 6 affirmative votes, 1 absentee,
..Variance - Kenil.wort.h Enterprises
Resolutt ion, reeomnm:end.ing granting of Variance to Kenilworth
Enterprises, submitted andfiled; whereupon,
Res. #2270 No Ce S.
introduced by Councilman Ellis, seconded by Councilman Matzen, entitled,
"RESOLUTION GRANTING APPLICATION OF KENILWORTH
ENTERPRISES FOR A VARIANCE FROM THE REQUIRE-
-MENTS OF ZONING ORDINANCE NO, 340 N. Co So "
was read and adopted .by 6 affirmative votes, 1 absentee.
,Use Permits.- Vera Prevette & Mrs. Joy Bertolucci
Resolution granting Use Perin -it- for"Vera Prevette to -conduct home for
foster children, submitted. and filed,
Resolution granting Use Permit to Mrs. Joy Bertolucci to conduct
home for foster children, submitted and filed,
(3)
June 29,. 10,59 :0
M9
Naval Ammu-hition Depot Re -Moving qf -Same,conOd
Cit y. Attbr'ney.,Ed, Robert -sdbm_itt6d the 16s'olutioh -he had'ptepared on
the subject ma*tte.r. The resolution. wasthen read afid`ddopfed'as follows:
Res-. .. #22681 _M Co S
introduced by Councilman Van Bebber, -.seconded by Councilman Crinella, entitled,
"RESOLUTION EXPRESSING OPPOSITION OF THE CITY OF
PETALUMA TO THE. RELOCA,TIO,N OF THE NAVAL
AMMtJN1TibN DEPOT FROM PORT, CHICAGO-" C ALIFORNIA
TO T-UgBS ISLAND IN 80NOMA"CiOUNTY,
j STATE OF CALI-
FORNIA.
adopted by 6 affirmAtive votes:,, I absentee.
Copies ' of 'the resolution were .to be's ' ent to U. - So Congressman .Clement_
W. Miller' and Senator Joseph A... Ra,ttigan.
_Director of Pub.lic..-Work.s,
-Old Adobe School. Site
Rdpt-6rlof - Dif, of Public Wor 1 ks.dated� June 29, 1959,,re Old. Adobe
,
School site, submitted and filed,
Report of Planning. Dir. dated June 29, 195% re Old Adobe 8chootsite;
submitted and fil.(jd,-
City-Engineer A.1 Robe s explained the various reasons why his office
a Lctor felt that this site would
r and the office of -the- PI Di id be q)jr6pQr
location for the proposed new school," He: suggested -that -the- Cduncil -meet
with the Trustees of the Old Adobe School District �to 'discuss the:matter
with them,' ina-smuch-as-this--s . ft6 was b . eing proposed by the City.
At the suggestl'6n of the 'City -Mana ger', the.Q ---'E-' 'veer as'diretted
it.yl, ngi w
to prepare a map of this -area showing how' -the -.va,rions S&66ts wilf- eventually
ml be extended in order that the City prepared for' pldnnin.
of Portion .ofMcNear -Park to Tetaluma,B.oys°-- Club
Com. m- uniddfi o-h—dated",June :29,. 1959;7,addressed to--Qity,':Attoiqey
Edduard Robert and. signed by Field :Engineer 'Royelly,: submitted sand
CoC.
filed,
The communic-ation.read 'as,foll,oW'seI
"From the m.ed's"ar&ments taken on the ground 'a't'the Petaluma -Bdvsl'.
Club,, it is evident that the woven- wife -fence -separating-the Boys'- Club
property. from McNe-ar-Par'kf . s not on said 'property . line' The measurements
.show that the fence .is'-a.bo-u.t-6�,,l-/-,2-feet onto McNed.r.-Park property, . Af'.
Mr. Robert explained .that at the appr"aisa1price ofljG 00 per front.
foot, thetotalsale price -.of -the property would -now run -.$615'00-.-- -He-sfdted
that the, Boy',s..Club vas aware .of this situation and had'n6 objection to the
final. price; whereupon,
Or'd,'--#54.6 N. Co-S,,
introduced by Councilman"Gustafson, ''seconded by, Councilman Van Bebber, entitled,
"AN ORDINANCE AUTHORIZIN G THE SALE AND EXECUTION
OF D EED**TO THE PETALUMA BOYS"."CLUB, JNCo Op "A
PORTION OF McNE P"EA
A
was ordered. posted by 6'aftifniative votes, I absentee.
MO p. m. Mayor Parent declared a . 10 minute recess.
(4)
1.57
June -29, 1959
The meeting was called back to order, Councilman King returned to
the Council Chamber at this time,
.CONSIDE'RATI'ON OF UNFINISHED BUSINESS.
Water Revenue Bonds
Ord.'-.. #544 NCS - Creating a. Water Dept. , ProvidingWater Rates, etc.
Ord. #544 No Co So
introduced by Councilman Ellis,, seconded by Councilman Van Bebber, entitled,
"AN ORDINANCE OF THE CITY OF PETALUMACREATING A
WATER DEPARTMENT; PROVIDING WATER RATES AND
CHARGES- FOR WATER FURNISHED BY THE WATER SYSTEM
OF SAID CITY; SETTING FORTH AND PROVIDING FOR
ESTABLISHMEN.'r OF RULES AND REGULATIONS FOR WATER
SERVICE AND CONNECTIONS; PROVIDING FOR MEANS OF
COLLECTION OF CHARGES AND FOR ENFORCEMENT
MEASURES IN CASE OF NONPAYMENT OF CHARGES OR FOR
CERTAIN VIOLATIONS;- PROVIDING FOR APPEALS IN CERTAIN
CIRCUMSTANCES; PROVIDING., FOR DISPOSITION OF REVE-
NUES RECEIVED PURSUANT TO THIS .ORDINANCE, AND FOR
USES TO WHICH SUCH REVENUES SHALL BE APPLIED; AND
PROVIDING FOR EFFECTIVIE DATE OF THIS'ORDINANCE
AND OF CHARGES HEREUNDER,
adopted by 7 affirmative votes.
Councilman King asked Mr, Ed. Wells if he felt that the bonds would
sell for under 570,
Mr. Wells answered that there was not a. particularly good outlook
on the subject at this time, He went onto explain -.that if the bids- received
Were over the anticipated 5%, the Council -could, if'so desired, reject all
of the bids and readvertise at a later date,
The .resolution providing for issuance of bonds wasthen adopted,
Reno #2260 NCo So
introduced by Councilman Van Bebber, seconded by Councilman Ellis, entitled,
"PROVIDING FOR THE ISSUANCE OF $3� 300, 000 PRINCIPAL
AMOUNT OF 'CITYOF PETALUMA 1959 WATER REVENUE
BONDS' AND OF $2, 800,'000 PRINCIPAL AMOUNT OF SERIES
_ A BONDS; -PRESCRMING THE TERMS, CONDITIONS, DATE
AND FORM OF SAID SERIES A BONDS AND OF THE COUPONS
TO BE ATTACHED THERETO AND PRESCRIBING THE
MATURITIES THEREOF; FIXING THE MAXIMUM RATE OF
INTEREST ON THE BONDS OF SAID ISSUE; AUTHORIZING
THE EXECUTION OF SAID SERIES A -BONDS AND COUPONS;
PROVIDING FOR' THE SECURITY OF THE BONDS OF SAID
ISSUE AND APPOINTING A FISC AL AGENT THEREFOR; AND
PROVIDING FOR THE ISSUANCE OF ADDITIONAL BONDS° "
adopted by 7 affirmative votes.
(5)
I 5S
lane '.2%, 19.59
Water Revenue Bonds conCd-
Reso'lution Authorizing :Sale of Series. A,,Bdnds,
Res,;-, -#2271 N?G..S.
in'troduced by;CoLincilmdnCrj.neIIa,, 8ecghded.`by C-dunc.Affi an Ma.tz.ein; - entitled,
"RESOLQ T ION OF THE CITY COU INIC -IL OF THE CITY OF
PE A'L -, � - - . -DIRECTING-%: - " THE SALE -AUTH01 I UNG AND THE,AL1,`,, OF
tAti
-A L AMOU NT OF CITY OF PET LUMA
O.".ko"00-6, PRINCIPAL
1959 WATER -REVENUE B,6ND8P,- SERIES'.A.
adopted by -7 affirmative votes.
The fotegoing,-Ordinance -#544 N.C.S'. and -Resolution Nds,,. 2260'N.C.S.
and .2271 No Co So are a—achedhereto afidmade "a part hereof as,though. fully
set forth herein.
Water Commission Ord, ,,z----Discussion .on Rough, Draft
City 'Attorney Ed' Robert explained Ifat th
e water brdfnan(e sets, forth
the basic law of the water operation. 'The, -Water. -'C6mmiss'i o*n would'me-rely
follow through on that ordina nee.
,Following dl.scuss,ion as to how specific this .ordinance -should. -be' in
setting forth the duties of the Water Commission-, etc- -the-City Attorftey
read excbrpt8 from the Cl.t.-y,-Charter'-:Dertaiiaing to the' 'duties of City ,commis.
sions, the Library Board and the City Manager.-
ApproXiMately 950 p.m. Councilman Matzen was excused from
the meeting,
It was thegeneralconsensus of the C.ounciff-tha * t the -or-d.-inance -setting,
up the commission ' should read -so that -the-,comniiss*ion'-w'otild-7 work very close.
ly with the water'deplt. -It was --also felt that theeommissionsh , otild. have ihe
-authority to make,certain decisions without bringing the matter bi0f6retho
Council.,
Mr. - Robert suggested -adding a section- to the ordinance to provide,
for appeals, There were no objec.tions tothis.
- The City Attorney ney was directed ' to draft the- subject ordinance in its
final -form in,accordance with the wishes of 'the Council.
Mr. . Ed: Wells requested that the Council pass a -_resolution �Lp -,a pointing
its -bond prin-telfes inthe ,near future. The City Clerk 'explained -t.ha.tthis -is
specialized work and- itI6 Carlisle Co-. had been contacted in -regard to same.
There -,be ' ing. no objec.tion �.to the appo'intmenv off -Carlisle'-Co. as -fhe-b6nd
printer-, the" City Atto-rney was dire6A..0d to prepare a . resolution on the matt
,Mr., -Wells -asked if the Council would be interested- in advertising in
the Bond .Buyer, Hestated that hi.sfirm was . recommending .'such-.-actionin
,this case. The cost,of this advertising would be between -.$250, and.$1300.
City Clerk Gladys Wallin stated that she belieVed the City usually
advertised its general obligation bonds in this manner.,
Mt., Wells was directed to secure further details on .the subject.
To question by Councilman Crinellaconcefnuing the billboard
ordinanc&,- Mi-. Frankk--stated that as he understood, there is nothing to - -
prevent people from advertising by billboard --at this -.time,-- as long as -planning
.and zoning rules and- regulations - are observed. - He, -explained -that -this
advOrtisina matter 'Would -have to be removed, however,after the
one yedr
landscaping of the freeway,
a
1
11
June 29, 1959.
10:30 p. mo a o A 10 minute recess was declared,
The meeting was called back to order,
Budget Study
Budget Sections 100, 150; 101 & 103:were tentatively approved as
recommended by the City Manager., with the exceptions listed below:
Section 100,
a 110 ®
Persona.l. Services .- Added -$3120
0 130 -
Personal Services, Overtime .- Added $200,
0 230 .-
Travel Expense _- Added $150,
0 410 -
Office Supplies .- Added.$1500
.420 -
Field Supplies - Deleted $1000
431 -
Electricity.- Deleted $250
0 460 -
Meals for. Prisoners - Added $50e 4
.467 -
in-service Training - Added $50.
a 51.0 -
Office Equipment - Added $500a
Section 150,
310 - Repairs, Office Equipment - Added $200
A request was made for funds in Section 150. 120 to be used
for the part-time parking meter repairman until such time
as the full-time repairman reports on ,the job, This request
was not granted, with the -understanding, on the part of the
Council., that a sum of money would-be transferred into this
section at a. later date to compensate for the expenditure.
Section 101.
322 - Repairs, Auto Equipment - Added $1000
42.2 - Auto Parts & Materials,- Added $200.
433 - Water Added $50.
450 - Special. Services - Added $50,
522 - Auto Equipment - Added $2500, , new Chief's car.
Section 103,
322 - Ambulance Repairs Added $25,
ADJOURNMENT:
There being no further business to come before the Council, the
meeting was adjourned until Wednesday, July 1, 1959, 7:30 po mo
Attest.-.
City Clerk,
1
(7)
/,) vv, �
Gt - ,
Mdyor. o
Introduced' by Counciiinan- TIiOS: -,SECTION; 2.
ELLIS,_-'JR.- - Description of. 'Service
Seconded •by,`.Councilrnan, N_O_RMAN, .'her ,territory served.,tiy the _City
P. `VAN=BEBBER =. - shall; be;ail-territory within the;:bdunv
ORDINANCE .NO. ~544 A. `C:, S- daries of .the: City 'now or at. -,any
'time hereafter served by the Water
ASV_ oRDINANicEa- OF' Y .THE CITOF' ,System; ;and,, -.at '•the di"scretio i ;of the,
TIONS;_ `PROVIDING
OF COLLECTION: A
AND FORvENFORCI
URES IN -'•CASE OF' 1
OF'• CHARGES: -OR- I
..VIOLATIONS- -PRO'
_ :AP,PEALS 1N CERT
Council;.- any iother-_territory butsic
the_ boundaries of- the City` Jh wliac
the City at the.tiine.`.has'.water-di
-tribatton' .;pipelines. _ -
'SECTION .3
-'Water - Rate's and' Charges
A. -General ^Provisions:
_ or, ,the � +purpose, +of, providin
funds '(i) ,for' payment. at 'or befor
rnaturity• of the'nrincinal•'of and ii
>V or alley --adjacent, to ;;the
'be• served,-then;a sen(ice
the: nearest existing main
cappacity: wili !be -iiist_a""fled
v at;`theicost,-iof-'the}`ap--
!h, cost_ shall_not- be: -.sub-
und. 'v-
ci :: hereunder':is'.'for ' rl-
otecti6fi system`§;to,which•
ions -for' other? than fire
3urposes; are allowed --and.
•egularly!irispected by the,,
shaving Jdrisdiction,;,are4
:cording: Ito°-�specificatl. sf
an`d are malntamed to"
Lion :off the=City The(City
the, standard: detector type
or
'9 es, will ber:nade therefor under rar-
CEIVED; PURSUANT'' TO THIS' OR' :System,, and•,;(iii); 'for payment of the„
:DINANCE; AND -FOR` USES TO °cost of"maiht6narcii,and operation of=agraph'. (•1J of this;-section.`;relatng
WHICH. SUCH REVENUES SHALL, then Water=System, there'•_are;'hereby :to' geiierai.-metered service:.
BE APPLIED;, AND; PROVIDING; "' VIDING; l6vied'• and, assessed= upon* all-premi'-� ' {(v) The,City will. supply- only-Lsuchx
FOR ,EFFECTIVE`•DATE'`OE 'THIS' wafer'at such pressure- as may be,
ORDINANCE; AND OF" OCHARGES` available. rfr"om; time to time -:as a:
HEREUNDER: d' ;result of: •its. riormai :operation 'of:tlie
" lc.. - Water : System:. , ' r
BE,E' THE -CITY-,OF I7'ORDAINED' BY PETALUMA" THE. COUIV
CIL' yA. 3. Pu}ilic' Fire =Flydrant: Service . to
_m = •
AS FOLLOWS: . the "
ACitA. _ �
SECTION -
_ . Definitions (a'P APPHcability:
The ,following terms when-usedN,- - T ► _ __ ° • _
•this•_Ordinaiice, shall have the follow- =0.- ' Applicable to all water service
aj "City- means_the City of:'Pef--Authorlty-. .'2�== Wharf;•,• k--,..••-=_-....._ tfi"edCity:for- -
m res ecthre meanings: = public fire'"proteotion,to":
lama,;:a munici al-cor oration -_organ- y- 2 Whams { ,(b)•.Rates
P _ P Authorty • 242 -- 'Wharf -
•ized 'and ; •exi`sting. under, ;its `Charter, -City- 1-Ah",' `Wharfs:..i.., ?! : ,wT - Per Nydrarit,
and _the Con_sti_tution of ;the, State of Authority ` - 3" • Wharf :-:::.... - ..Per+Month -:
California.. K i Cat h `3'1'= Wharf. - = ......-:.-...; .
(b),--`-.`Char"ter'"' means, 'the Charter,'Aut 'Authority -`4" Standard'--:.-_:....:•.:il For fife'hydrant' serviee ,,.:.$1,50
of tfie:City as amended and :fi fo"rce; f
City V' Standar& ..:_::.::: :: ?� - (c) • Sneci•al ;Conditions
and effect on_'the; :date of pass`a'ge', 4.Authority 6". 'St
aiidaid---.:..:...:...:.!I ,
of Ordinance: City 6'--' Standard:.:...:.. b (i m
jc-hydrants;owued by'tlie City will',
(e), : `-`.Codricil'- means . `the` Council __ e; installed, ,mhihtain6d, painted; 'in:,
,of'the•City provided,for.'iri'•tlie'Ctiar- I se -sr connected"'with: `the: Water Sy ,spectedkand relocated at the expense:
ter = - stem the, -water rates, and - charges of the City, from funds =other than,
(d), Water Department' ;means the hereinafter set forth_f6ir 'water fun revenues" of the Water System
Water. Department of the "City 'here- Wished or, available to..such premises ' (ii) The above rates include- nse.'of9
inafier .ni•ovided 'for., - - b t _-._._ - ..,�f re" n.•� ---,; ...r.._.a ,..:
;the:
y- . he Water.,
-i2.f The ;City
water- AC the
;ih. adequate =i
- consumers: s{upii li•1 or, furs; section .refacing
'permitted services or' `required- under v his -Or_ -'3(. The City will' endeavor to:,supply, to. general- metered service., i
wateVat',the:6urb'or-,property,,-line 'at ,. • .'1Ptiblic_.Fire lHydrantSei-dde to;
dinance; do lie, made-by`the Manager, proper: ,working . pressures ,- to. ; meet' ` " " -`
(f) Consumer" shall 'mean: airy the reasonable needs and -,require-` *' Others Than the_-Citv._
person ,'firm company, -corporation meets' of consumers. -(ay. A
partnership association the- City, .anyl 4: 'Whenever water fs furnished for ,. , pplicability.
:public corporation, political subdiv1 human coiisu'mption, the City will ens, 'Applicable within,the area ,served, I
sign, city; count y,"`district, the State• de"avor to sapply.at ail, times' a safe by' the Water'-S_ysteiri to. �all''waters
of ;Cilifornia-or- the United -States of, Viand;potable water: '�i service :rendered ,for_ p
o.
:America, or any'd`epartment• or agen 5 All;.water supplied; corisuin`efs ,will tection' to any-publicua 'authority
ey oftfany
ed bt ereoWatereS for
'Wat '(except as,hereinaftbrr otherwise speri cludirig,any, municipality;, county,.=or
y cified) be measured , ,means' of suit other, :political subdivision" - of" the:
singular= in each ca'e shall ;include table standard water�:meters: A, cuiiic'•,Stat% or'any pub]icdistrict;;tfie.State,
tfie':plural - ;foot - will .'be ,the unit -of'- of- California and', the 'United 1Statesi
(g) •;`Water System , shall mean: the meat, unless: otherwise prov_aded• for",of. America exdeP t--the' ,Ctt .,
)`
eriterprise:.described nahe. following ;in the„,rate�schedules hereinafter set°'iy-� r '
measure : together' with suai . addi- :forth. -
tions or. improvements ,-khe`retosra"s "6: All water charges shall .beco`irie€' `Per_Hvdrant_Per -Month
„
may be.made;from time-to,•tune: effective' immediately, upon the dat6.1
MEASURE.: -(Al: - (Water System) ,of, acquisition of -the'-Water-System . _
lay _the yGfty _ as. to all premises ythen! 'r''
Shall e,,-- City' 'of. P,e"taiit p_ri issue .connected to the Water System!, A
revenue•, _.bonds =in - .tile,. principal :Thereafter,•, ail; sycfi_`= cfiarges- shall, �2- -
amount of $3 300;000 pursuant to ;the , g pi___ , -
becorne•'effeotipe against -all RevenueiBond L`aw of 1941, toeprovide = o. - • -
funds for` the" `ac"quisition; ;;oonstrac- ses-.not 'thenI connected: to the _ -- •.I - t ' �i c - y s:•' `
ter System- immediately- upon such"' r:m v's _ e'm°�
s
tion;._iinprovement and-:financing'of . - - - ( N 102,
meet, storage,. transmission andt.dis= Rection:Cq
tiie 'following;" -
- •• - tes Inside City units' -
Water system. 'for.. tlie, su 1 ; treat- _
. - _ _ y_• cone {�
ral,
B: a L
tribution. of water; including lands; ' 1. Gene Metered Service. _ w',o_ w; •= =` _ `o
easements reservoirs, awater ,rights, (a) Applicability. j
JI , $0 75'= $1.00 $I:25 $1i50
water tanks water mains, .wells, J 100; 1:25= 1:50 1:75'
piunps, !pumping. equipment„ mefers;• Applicable to 'all, metered war ; 1.00E 1:25 '1.50. ' 1i75;
fire' hydrants, storage; _treatment;, ter'.service; for, ;domestic. service; ;comic 1:25 - ,1:50 ;1"75''
;tiaflsmissiori and distribution `faciH- mercial.' aervice• :and :industrial' set.ties; and other. works, properties ;or:- vice. _. - -
stritetures necessary or .,convenient; (b) .:Rates:: I 1`.75 4. 2.00 :2:25,
for a`m - _. al water system for`the S l' _ — — 200 '2;50'
- (i)-:Service" Char e: Tj. • — — 2:50 3:00; _
'City of •,Petaluixia. g -
w}iich -said, .measure 'was •duly - ap•^,- _ Per ,Meter'
Proved'`by= v the.oters.of, the City• at. a- Per -Month 3.50^
special, revenue'.bond election • duly,For 5%8 ,x a/4-inch meter - $ 2 50"=.
called and held -iii tireCtty 'dn A hl
28„'1959:. y p For 3/4-inch meter 2 75 =
For':1-inch meter..-:..:..:.- r3.00 ialWate-Conditio®;• )
nisfied'through•-the Wafer Sstem.:, - -=_= (() Hydrants: o
'throw •shall mean §Yster Fors 2 u the m fete........ .......: 7 25 stand a public;
weed ;
shall 'mean an - ;lot; . -authority ,will _ be installed main (i) Premises For 3-inch ,meter ..--.- 14.00 -
piece or -:parcel -of,,- land;�oi', any -build- ^ __ -:-- tamed, painted; , inspeeted 'and "relo=
frig or 'other „strcture 'r ^any, part; For' 4"-inch. •.meter ..........................e 18:00 Gated :at the" expense' o`f the' ,public
of -.any- buildang� or structure having; For, ,6=inch meter .: ....26;00 authority. 'The, .City -.-will',' install' and;
a: connection with 'the Water'Syst'em.,.Fdr'�8-inch meter- ..___- _- :..=36.00' own the'tee}.iti•the:main,ahe_hydrant_
For`=10 inch meter : 50`:00
(j)'="Water. 's"ervice" shall mean ,the I braincli,aiid the, icontrol_ valve.- _ ..
(ii) Quantity. Rate _
services, -facilities and "water far For all water delivered, er_•10$0,- cul�i )'' `dra- s; d, "y _ e y
nislied or •.available to premises •by; • ft s::.... P ;0.35 •vill'be' maintained'by b-The` public,
•the._W,at'er- System:. - _ - } - - " - -' --- ---"'- ------- - :M, .authority will nay':fur=the 'relneat;nni
"" tered -service and- toy which, is -to'be service: ' outlets` will be..,liiiiited. °to two: 2 ?/01<
Domestic, 'service"• shall °mean: added the monthly charge' ;computed outlets::, `
rnishing,-of water for house- of the .Quantity Rate-- _j( _(iv);The above. rates 'include use of,
esidential °purpo`ses;. mcliiding; `2:, Private'Fire Proteetion'Service:{� wafer• for. fire protection -and for -,no.
zsed1or,'sprinkliiiglawns, gar- +`$lle„, tty I other j)ose: -Fora water :delivered;
id "'shrubbery, forwatering live (a) Ap t' `abil' - ;through}ufriprei hydrants fo-r, anya other:
for washing'vehides and for A placable tb.all watevservice,iPtirpose,.diargesnx11 be, made there -
similar: and 'customary' 'pur•, rendere by the -Wafer System for- for at the monthly quantity -;rates•
Commercial service" shall, rivately .owned' fire protection, s s under. ,paragraph (1.) iof- this=section;
the- furnishing of" water `to` 'tems y l� ,relating4 to :general metered service.:
zs -where, the consumer is en 1};l motes (v) The City- willsupply only such
Ln%a- trade„ "Industrial service 7 _ ' "water at,.such pressure, as may; be,
iean, the :furnishing of water -Per'Month,' available_.'fr6ni:;time'to-'time as=:a-rp-
ni"ses; for use ,by = a, consumer' �, suit • of ifsi normal' operation "pf`tiie
rdfacturiitg 'or processing : ac 'For each 1=,inch, cotiiiection' .- $s-2.25; •system.
"Metered servi_c_e"•_ shah For,each 2-incif corinec'tion':.-....... 3.00'. ,(vi), Fire.,hydrants will`be attached!
the::.-'fnriiisfiang of water, by Tor,,each 3-inch - connection. ......... , �A.50-'to -the ,City's 'distribution . mains --only.
edrgitiantities. For, each 4-inch-connection 6.00 'as _ 1 itliorized bl'' the `propp"er` 'public•
"Main .extension" sha]J mean For each 6-inch connection .._ .--, 9.00 ~authority: Such authorization. -must
tens_io_ W, :of water -distribution'. For -each 8,inch,-.connection:.:'-..:-12.00' designate, Jibe ownership, size,- ,'and
as, including 'service .conn&e `For each-10=inch 'connection ;:m,15,00.+type; of_ hydrants and'.';specifically
ieyorid' existing' facilities: (c)-Special 'Conditions ',(state (the looation `at";which each. is'
Date .,of presentation'. —shall_;to_be_installed -
5e' date upon which, a'bill or (i) The fire protection service con
is mailed' or •delivered'`p'er nection' will be'installed';by the City,
_to _ a -consumer:, - - at .the =cost , of life applicant:: Such
cost_shall�not,be_subiect toL,refund..
1
1
1
'C: Hates Outside gillin9' For 'Payment
regni
Citv.. Limits. —'—'"
• _ (1); The, a licaiit =will• 'be; r•ed
Quill 'th I".,.oixncil=„ shall •:othe M°nthly- 't`o pay'.the City;. in advance,, the esti-
- of.
(Tntil the C rwi'se - LL � `qiated1 net gost'o installiii 'arid ="re-
" _ ater •Charges° -. rmdv'. _, �' _ g .
water furor ,the boundaries; `of the .•(a 'All viat r '= "movmg:.the facilitieand' ssary>toifur=
, rov�de "•`the, rates 'and charges- 'fori -: � W
shefieo,' _undavaillile,to= rem `nish• the service,;and.
ices ; oatsiii` ` ) er 'charges shall. become' _ '
,City,sfiall-lie iri• amounts' equal`,tto due -.land_ payable at'the office,,of:the (2) Wliere,duration'of serbicesis to
'the.rates•,'and charges which(would,=be +Water Department' ori; the', date, of ,be less than one, month, Aire, applicant
applicable:" ifY the ,pre[nises'h •wer`e• to presentation. thereof`., arid'- shall' be= may,also b'e ;required to 'deposit cash
tcateil within=the,:City come-delinquent•on the.l5th day. aft; 'touadjust erital o'the eand refund,
'Na.` , � ice: , er ;the. date ' of presentation; .except :h _. , i _ - A Y
D..o Free Water° Sery meet in'a`ccordaxicerwitli actual bill
that closing: orris,. where. [service le `rendered upon discontinuance cof,-ser-
No water and no services of",facil :discontiiiiled, :will be: due and payable
;ties of. the: Water` _Systeili. shall be: on date of: presentation';and- collec-'vi�3j W1Peror
e'the_' ration, of"service
person einclud jo ri c the Ce�.:orfiv. o_f' "tion will l:'made r' Mime -of , press• isAo exceed one .month,,, the applicant
( g: _ y) entationY;,Ali, tiills for. water,charges ma ' also: be re uir`ed` to -establish ;his
charge: will. be ,rendered, by "the Gity monthly --_ Y 9 . _ _
s`Unde „+S gle. r" >,creditoin; the:;manner prescribed far,
and willstie: issued'hy'.the•:Water De. -- -- r E: SeA oto'Premise +in ,.pg ._"permanent:, service,'_in, paragraph, _ h)
- r
partment. Meters will :be. read' it" eg
Con I: of this .Section:
ular intervals for the preparation of (g)-,m'the event a temporary ser-
Siiiarate premise`s under, single, 'regular; metered, -service bills and �s :vice ?be'com`es"`• perrnafi6ht;''the, . City'
`contronor, ma_ nagement;•sfiall be fur lreq`atred,_for the •preparation oV open- ,mil refund 'to the: tern or'
nishad_water through se .'rate indi-, mg bills closing bills -and-`special' W, P ,ary': consu--
p_ _ ores tIN samount. paid fora ,tempos•
victual aervice connections :unless `the• bills." :Each meter wrll_rbe read '•rep ; ary service'iristallation- upon payment:
City ;elects otherwise.`Separ'ate_hoti ,arately:, It not-always',bey."pos of the:appllcatile•connectioiwf_ee pro,
-� ses;;buildings; living`or business guar- Bible to read meters regularly on the,lvided" for •in'this.'Ordinaneer
te'rs' son, the sair,e,'lot,= ` iece OIL,. _par -,_same day ''of° each period Should a'
cel''of; laird -or on adjoiriing::7lot§, ier: =monthly :billing` period contain less, SECTION, z
-ces:,or:;parcels of, land; under a sin; than 27, days- or more than•.;,,",day. _ ENO®1�: - I
•gle -,control.,'oi management 'shall, be; 'a Pro=rata correction in tfie bill ,will ,(a) Notices from ,the ,City to any
furnished water,;at 46e option of.the be made` Proportionate ,adjus£rrients ,consumer •will be 'given "n, writing;
;consumer exercising: such control•'or. mil be made when other-biilihg per- ,either ,delivered 'to":the; consumer or
mariagemerit;`6y ei_tfler; of, tlie;'fo_llow-, rods are used mailed, to, firs last;,kfioviin laddress;, ex=
ing.,methods:;;` y(b) 'Opening;"^bills„ 'closing'. _bills; kept'that 'where ":conditions' warrant
(i),,Through separate service, bons; monthly, bills• ,rendered_ for.- periods 'or. in- any -:.,emergency.- the City ;;may
nections1o'each •such house; building, 'of; -less •thane 27 days. ort more,_ than•'33 :give -•verbal ,notice; try -'telephone or ari
or `living o_r'`•business` 'quarter; or days,, and _other -bills requrruiK Tpro person :;
(2)` Througfi ', i :singles service con ration; .will- be- `computed in accord- (b) Notices from a:�cotisurrier to the
inecti'on• to 'supply, -all of; such:;houses;� ante, switfi, ;the, applicable schedule, City may be'- given- by'stlie 'consumer-
: bu'ildmr gs and -living, ,and'- -business' brit=`the=,amount •,of the -fixed � charge 'bi his; autfiorizeil iepresentativeEwer=
quarters,, :in,`;tShich case only 'one or niriimum cfiarge speeified''there 'ball~ or inventing at•'t>ze .office of
monthly ,minimum :charge ,shall. be; in,, ;will'be prorated ori the basis of the` Water' Department �br,'to an emi
a}iplied,,and -the responsibility for the ratio of-the`number of 'd'a`ys (iri _Aloyeefor agent of_the ° Wat i_I)enart
payment of charge,, for -all .'water `the period to the number .of days lit ;went who 'is -authorized- •to receive
furnished shall be assumed" .by the. tile average` ,billing period; ,based on notices or:complaints„ or.may be sent.
consumer having such controh or an average month•of 30:4;days:.Should by mail -'.to -the `gWater=;Departmetit.
management " ' " - = the . total period;'_ of service Abe less office.,
-Except by :special agreement" with than one`_' month ••no proration will b ' ; ^SECTION'11 ,
the -City Imo: consumer shall; resell any made anderiot bill'eshall be less than Enforcement:= MeasuresI
'the_ r=;furnishedtby the City through; the, specified 'inontfily ;fixed charge.~ --�• -� - -
orate
Water: System: _ or -mjmmum charge.-, _ Delinquencies-
'SECT,ION 4 • (c) Ori each bill' forwater_ serpicet�
Meter -Tests .and"Adlustriient ,of'', •rendered: by"the City-to•its=consume'rsi '(a) The Marircer a hereby.. ;charged•
[will-•b`e with the, enforcemeiit',of, all' of„ tile.
Bills _for -Meter- Error ,- Printed substahtiilly�the fo1=a-»---.
46o ;lug langaage: - • "_ - provisions; of `this°• ;Ordinance. -
If:.this bill
not, aid within 15. (6),A coasumers water §-suite may1
p.--� the :discontinued for. nonpayment of
days :after``date; of,'presentatiOn, aer-_
4 1. Prio`r=to'-Installation: W < •vice ,.is 'liable; to,- be,''discontinued. A a bill:fer water service; furnished -,if:
" cash deposit and<` reconnection; =fee• the•.,bill''is •not;• paid within 15 days:
After' date , of presentation.- A con •
Every_mesta will4hol' est' mete- may, be'`required:<to=re4estatilisri -ser- .- _-- . -
or 'to_ being, .installed :and -no,' meter, vice,,, sumer's•'water service may -also be;
will_ :be placdd;tin. service!:tf :found-;'' " SECTION 6-' discontinued 'for; =nonpayment -of as
bill`.for-water_se"rGice"furnisfied_ a,
ao`_ re"`giste_r- m'6ie;=_th_Sfi Y2% fast, 'or !`person Responsible - for. Payment,;,,_ _
slow:f', �•-, �. t.,, .,previous or. _different, location-iserv;ed:
` 2::On: Consumer's°•AequesC + - Establishment of, 'Credits ' 'by%the6 .City; "if' such bill' is, not;;naid.
_ ores ,.. `,n, not `less: �Tem bras~^Service within' 30 days _after.' -.presentation
(a). •A oonsu -_may;' o_ , i� m p _ the new ;location NoJserviee--will lies
than, one;'ive`ek-'s notice,; require the+ discontmue'd under.• ,this 'paragraph;
,City =fo ,test 'the =meter, :serving •,his .. (a) All .water. charges ,shall„be-billed '(bj until at -'least 'five : days =after de-,;
premises t..%` • -owner"of the premises 'upon,tates�_'-Pbst.,
(b) No -charge will be made for' which charges herPtn ,fixed are levied er to such corisuiner in the United
'ia test. except :where a, consue:.and assessed or tos the'•person wlio Office, of Petaluma;. So-•
nice requests;.' test witliin^s&,,months, (requested connection -"to the "Water nom£?County,• California,=addressed to
after !installation of.. the J meter or Sy`stiem;, or - bis successor in rriterest ,the person to whom= notice 'rs ,given
more often than once a year,, ,ui: or, to; any' person requesting -;that -arid° stating; the CAYN� iitteiitron toy
+which; case_ lie will- be required ,,to such bill be charged' to him-, discontinue service =
deposit' -with tii6 City the following, vice
for"metered=ser-�
�`amou'nt'to, covei=.the,_cost' of the' test:' vice will be required to..establisli °his ,(c) T1ie.City:,may. refuse td' furnish5
-,Amou`nt•of, credit;before'-receiving.iservice:=Creel-,water,,.and:-may. discontinue. services
She of Meter- Deposit, it wrll;;be deemed' established if+tithe japparatus`tapp is _ ' po " quipment'
a ®:apphcaiit, meets -,any one :of°<the;jol- , . -.
.One inch,--or,smaller, $2:00 .� lowing, conditions: z tisrng water_ is-fotirnd.by'tl%e=Manager
e or III
7.argei'thaneoneincliz.=-:-.-:;3:50 (1j If ,applicant fs°the;ownerof tile thebuse ofew ter orinsuch premises
' ic) This deposit will be returned :if: premises upon wfiicti . service- 4s',re- his• Found by the .Manager to ,be detri-:
the; average` meter- error.:`is`="foun`d questb&or -of other, reahe_ state'serveq ;mental,-o injurious to..the',water Behr.
to' be .more than"2%, Mast:. The con by the Water: System vice furnished,'by .the -City: to. others
ruiner `,will' be notified not` less 'than (2)`.If; applicant makes a cash• de;,rconsumers, or where the -Manager,
We: :days ,. inY .adva`rice;" :of title' .,time posit .of, _$2,50, -if= service-ds'- to; 'be' finds Afiat; negligent^or_ wastefuL,'use'
and place -of, the test., through, brie 5/8_inch meter or if ap ;of'water:,exis`ts on any preinises.whicli^
(d) A consumer shall Have the right.' Plicant^ makes a cash'deposit equal affects the- City s,water service.,, -The'
to requtre_•the .City ,tor•conduct the' o twice •the' estimated'= averagejCify.' •snail have= the righf,.to refuse -
test in ,his 'presence or:.in `the pies monthly, bill,"but not"lessyTt)ian`_.$2150;,or disc'ontiiide, water, .service to_:any.
Brice-;of`:his, represeittativea: Where .--:(3)',If applicant' furnishes'g�- -Aran- premi`ser`.if:riecessaiy, to_tect'itself
the;,City bis,ho-proper meter -,testing; for satisfactory -..to -the _City to secdre�ragain'st,=fraud: or -. abuse
facilities available -locally the metier Payment of the„water bills or
ma'y be testgd by :ari. outside: meter, - kt4)o`If, applicafiV Iasi tieen a consu= `(d) In .the; event. of violation of.'any"
nianufactdrer' or .its agency; �or.ylSy' ores of California Water Service" Com ;(terms-of`this Ordinance (except, nn-
any other reliable organization; AanY and during the. lasi 12 consecu•IIder paragraph (b) oreparagfapph (c)''of
ep""ixipped-. -for water meter . itesting,• t ., e, months of°.' -lyre- by §aid Coin�l�tliis Section) the "Water- Department.
in.. -which latter, case ".'lie: ;consumer tpany.-has,paid„ all •water,: bills�with'out may., disconnect 'the.` premises to=
may:,demand a, ,duly==no'tarized state discontinuance .for,'nonpayrrierit`,there= [which; such,'viol'ation• relates •fi6m.Afti
merit; certifying,; as fo',,..the, method 'of..; _•` Water,: Systein•-after,' first- notifying
used. iri'nrialcing-the;test' and.rasao (c)'Any ,applicant; who :has pre in :writing _the person causing �al-
tfie accuracy thereof._ - viously be_eR7i-c'onsu"nier of, California jawing or,- committing suctiwlolatron;-
(ej- A report.'"sfiowing'afie,:results Water.:Service ;Company " and ` during specifying:-tfie violation.;and,; if applies-
of -the test .will be 'furnished to atilt ,the dast 12, months h'as• had ,his water able'ther time, after'iwhich (upon, the
service. discontinued because of non; failure of. such person jto :prevent~ pr
con"suine'r-=within,:J5;'d"ays; after_`:ca - payment <of},bills mayt,be`required;to rectify: the; 'violation] the,:Mdiiiger
pletioti of ;the test: re=establish _:his credit;'by malim`g a will' exercise his`. authbrity_-to,.discon-
B.. Adjustment •of_Bills .for' -Meter cash, deposit -to, sect'' --',a` ent! ;of. nett theremises from ape Water-
_ his":. water. <bills equal to'_,,twice 'the System; provided, _- that! ,�sticfi'.:time
`Error. estlrAted,.monthlybill 'for;the_;ser_' shall not Abe ae's's-,tilan);five:;(5) days
�� W .vice '_desired. "'An after, tfie.-,d`e'posif of;,+"such, notice= in,
.. . .
l.. Fast"Meters:; ` a -:Any, `,:whose
"sWlferiW u° �e y e'n discontirii:ed the•Uniteil_States.P.,ost`Office ate -Pct.'s - water 's_er`vice=has be
-upon t st;,`the average me for: nonpayment',;of"i)ilis',inay be, re 'luina Sonoma Co_`unty California, -ad-,
ter_.error ;is :found to,,be snore than !qui`red_ to= r&establlsh his- credit by !dressed to"the person,to,wliom.notice
9%,ifast ihe:City:will,refund.,to.the!making=a cash-,deposit;;equal-toStwice;is'giveh;, provided;;fiowever;°that in'
consumerd",the; amount. iof -the' over, his, average:'monthly bill, for -the :ser= the - event 'such: violation` results ',-in'
charger bas`ed_= on '_corrected -,meter= vice desired _ �a,.public ,.'lard or menace„then .then
(d 'All de osits ariade with; the _ City ',Manager may enter. upon. 'the ;preen_°
readm s -for the period ;the, meter F'•, .)- P y p _
}was, m ,use `W not exceeding, 'six, to ;estabhsh credit will.bei he13 by ises withoutinoticeand do suchthirCgs'
months::" the City:, m a °special :fund and" ma . Anil- =expend `!such sums_ as -,may .beb
2.•, Slow Meters: f be, applied by th'erCity",to,,unpaid ,bills necessary~ . to abate, such hazard and,
" (foa' water service when `service that
the reasonable value of ,the things
When, upo`ii�;test,:a zneter,,is-found ldiscoiitinue_d ,or,. "to Ahe_,extent that done and -'.the, arrionnts�exp`ended
fo,tie::registeriiigrmore: thari.5%•'slow;tlier'e.,are',rio,'unpaid, bills' for�`v:ater so, doing, shall`-be;a` charge; _upoii•'the,I
the City' ilia~ bill £the consumer' for,; service,,,upon:, discontinuance, there-dison:,so. in"violation.,
the amount of tlietufxdercharge based: rot, will-be,refunded to;`ttle consumer; F -(e) Up r failure of, consumer
upon correctedfrieter" readings for provided; that after, a consumer has (Ibilled'' or the owner of any, prem;
the. period ,.•the meter. ,was =m ser,°for l2 consecdtive ,months, paid• •all 4ises to_,pay--any water- serv'ice" charge,
vice ;but^iiot;eicceeding three months: Bills' for. water;service_prior_:fo,'oI6 'prior'_to delinquency,..;the',.following.
3..Ivonregistering,Metersr r;'Iinquency,,,; ttCe• Cify'•will-;refund 'his action shall be taken by the City: or'
deposit -;without interest. : the" Manager to -6fiforce sdch''_pay;,
The City _may bill the consumer (e) Each receipt for a cash deposit m__ ent to wit
for.•water ,consumed"while the, meter 'toz.establrsb ' .or re-establish'. credit In . each`;,'ease _where rany� .Billy for
vas tmonregistering.-.but= for-'.'' period: for., ;water se"ryice will .'contain the ,wa"ter,:service remains 'unpaid' after
not exceeding three 'motiths,at -the; follbi�ing` 'statement •- , !such' bill:'becomes delinquent th@-
minimum'monthly meter rate; gr.'iip- "This. deposit' may be applied to 6Manager'= shall (i) disconnect the'
on . an: estimate of; the ,consumption ,unpaid balances where`_service' has premises,1fro_m the Water::System, "for,
based upon, the consumer's prior use been` discontinu"eel; �6y the. City. be nonpayment ;of' water bills' and
during the =same ,sea_son of: the: year. cause 'of nonpayment' of bills.; This' cause anyaction at <law to, be brougfit'
df conditions' .were`,,uri6hiriged; ,.,or. depposit; less',the`-_amount-_of. any_un-, on behalf: iof the =City against;• the
upon, an estimate based upon a sea: paid, water-biMi-_. I1I,,be: •refunded person. responsible .;for, payment 'of
sonal)le• cotnparison' with the ,use of -without, interest, 'on -discontinuance such bill 'to recover_ the amountrof,
otfier'- co"risumer`s.= during, .'lie _ same of -service, 'or_,After� the del, sIV,1fas `such' bill,.and, "the_ _costs'"of= such,-,ac,
period rece1y1 ig the same class :of .been`held'for_12 consecgtive months, tion
service under' similar circumstances,pTo`vided sei•vice'has been continuous, (f) Whenever any premises have.
Viand condition's:-_ y` : and all bills• -for such; _service =hav`e' been .disconnectd'V!from ,the Water
' ,eneral: - - _ „been, paid: ' '" "' . S:Vsterd.,for iityviolation ;of,„this.Or,
,4. C
�Yhen it -is` found,,.thatythe=rerroi,in (f) The City `will if•'no' undue hard- mnnnce; . sucti;'premises :shall not be
a meter,, is^!due, to -some, cause,- the shipto its, existing, consumers .will reconnected.;to•-the'NVAter System un-
`dafe=of whiofi.can be'fized;.the':over= result° therefrom;= -furnish "temporary till all,__--th ent,,c__ __ahave,lieen'
�Oiai ice or-Zlhe _undercharge' will: be service, under•: the; `following condi= Paid,,_ together wit);`•"a• .reconnection
icoinputed;ba Abi .bi_it_: _hot tieyond bons: "' charge -of $5,_ and, until credit, ,rs es-.
tablislied _pursuant =to• .Seotion'6 (b)
_. (2): hereof: -- `
162
SECTIO14 7kfng_, apq 74 - _";Ffthout'charge._No agent or
C- onsumers� RaM t e -'h t :bfjff6_ Wit6r, Departinenttio
Discontinuance -of a,' change .,6 In jlij m�e,T c, ar�c er lor
fiflpiffii-
extent"of -the 4tRizIhg::e4 nit",6i sh�lh%�ccept� zany"
-1te-f6sal
R._personal
opera ionsfor- whi6lifthe City is, sup � �siti6h, from a 6onsumer. or,
WE Any yq mer, a- ave. 1 "0 i,ine,'watef.,Isef.�Vi&e� ih`6ii1jfiiim6didte. Mi'aiiv services' fenq6red.
.. nsylii�F, - isr, ly'. the 'Water
. I give.
Depaftnf6nt,:*rW �7o water water-,§ervice •dikontm'_Ued,-�by .and nature _ K
fi6ti66'A_0 -the, Water P, ep artn e t' re- I -eh -ifofi66,, of, the.- extent e pip6,.6fi,",a
;mer s� premises. shall cross-ci
�� . I . __ . __ I. - Gfth6 �change�
questin 1sco uance,41M 1�ss_A n W6f6r,,System?,,A4thz_an . -lotl
a. rpr, u- b person "or"
two -d t 1116 fe, 4 e e " a t-9 i_R!T�P�Ke y ally any of,.wate_r,su�0iV:,-Wlr6'never,
af,-d'sc -e niu. consumer to file hls�application,�con, -1s% on,
tin 'a ce. 6fisumer,s,, pr(
'�-pay all' *at t, A)�y
auji .fists_ 0any of`water,CV -c _ng� �9,-jpforrnatlon required ur
mer shall' UP' 0 0 --asuji
t
and 4n6lEdifie', tile, date =ntinu; his-ordihance; `shaH_.constitUt_&-_1d] has: not'�-.been'.,'ariD�fo�,6d-.4bl
'iiibe'stf'i=Win�,ssucnotice" '�Oiitiofi: ;of" ,Ordifianj6e. No-Ap-9 paYtifient6f,PubH6 iilth�oj
'blicatlofi, 'shaU`,,b�,'1con6lU9V
6;, a& o ��,6f__Cilif6rnii as
where sucfi,�- notice -is".7i tY6f6lh,_7s6t - safe and �0.
L9.1:6
consumer,' "s,h a-ll,-,b,6 th(i -filAterF_ fo#h,-,if6r,1rhqmaii- use-
.0 sljjIj �
f6f water '�FCrVic& -until: t Ahe, filjne---_,1ofany. applicatlon.j.ni§r?s prqTjses tird.-en6g
- - I te �preclude, .-Ahi! City 'froint=colli�ctiiii,tdiistirial,,purposes:'iisffig
tlie,Witter--Department s, le
or-'
that the consume;' has, vacate ,I provided _consumer responsi e� for,' (,processed', waters di' licl6id,
Payment (as prc in 11 this 'Ordi
� I
ed
premises>or. otherwise- discontinued. -wa
stes es or,m: handling, sewa ge or, any
water- servicei Thet City Isl-nmik& ndnce)_.� by .. . ppropriatejjq ion - buco"Iother- dangeroui -substgnees,Abelki-
a •feconnectiow- charge f6r':.rbitor.w is%,6ctu;illy due -and ',payable
ing; wateragei�may-rcftisb �discontinue
_seiviee AW7.any, consumer.f6i vatef_'s6ivIce"under.jjthe'provI-`vice Util'thire-iAsr66eiL-installed
cn ;the' comsumer's -sei7irib6 �pip-6HE6
Whose beefi"Fdi�:-6ati6n jsfi6iIl'be_9t-il5j6c-t a suitable d -bid check
water -'service service �hasl slons�`of. this �Ordinance. -Eac .,,appli'
whose;
by tliii _Ma'iidg6i:'-Aiiy, pbrson h and :approved doil
continued jo verification
sW -
an' w ,"IJ6 _$2�501'f&3- xe&nneetiorr of A6sign-=apz
-taliVi �pbssesslon,oi :and iiseo, -water, "p- 66 s6ivide�dfiilhg'regular mokking,hbuig,' ved,'by. said �Depart , ment�,cif, -P.,uV-
and, $5.0W,for rb6'ohiii�bti6ii-ofs46-ri�,le'e, Tforn', -th61WRei-,SS�g6ni� Witliodt' hav--'. lic'Health;'andiinstalle'd j1ttthe-,6c'_
at, any time other than d'uftng- -f' ring made I pense
egiv, t�jO�liciitlofi-for-iibrv'l'ce pur�,,1,6p tlid'-1c 'J& -Iiianfi6i',ap-
lai working hours- sui_nt4o . Ordinance: h6lq�•
when-j th& consfi- �yiroved 'by,the,Mariager' afid-,InAa,lo-
ffrer.'has requested. Ahat-4re&mnee&ibiy Ilable zfok,- ,th6r fiill:,4ffi6Viit'-6f' _caticift..whi6li- is, ieadily 'dvklabld 46
be midii at suchh-Othef WEe-L Mi�,1667Fefid6fied' - If` -
written of -'pro-
the Watei `Ijeb�artffi6fit-Ai 'f36hbdIb
E.,-Th,e- City may require a,wi
-Tile City uncy, Ye usp,,angap ll� - -as� a, C0117 �tjetijjg -against 'backflow� bU-4atbr
fdr. service - under4' e,'foll.,X �contract�,with a
0 9L _ _ 'Tiy,9_9nsumer
Altion pted6dent�,to-,*itdilli6rvice',Iiii'*from 'the--. bofi�uffi`b?s' -p-kemis�e-s':'ifit-
(1); Tf,:tRe;`a�pHc _ cas6._,whef6' ufiustuil,quaritities,io 'o
ant -fa to,compl�.'.`y -f! tlf-Water_W,;it&r_;_ SYst-eiii
WIthJh_e piovisiong of'this water or,-.conitruction-:gf-I'sO-i�612il;fa-,
-::1When- & consumerreceiving, se
(2) Af-'the Antended-,U-S-6 -ofl1hii-sep, at Vice.
G Water, Syst'e-n"`ffi-j aifi:'.'o-r service,:
vice` is iff-the- _�op pinofI e, ana-,,. F�,,Eiciipt1ar any, corme&ion�nriadel - -t,
gbf.cif such mature at, It pitisuafiV toTaragiaphs ',_G!,*.or_"H��--of� connection - must
16
oug'-1 to win be 1
by means of a.purrip:
detrimental ,,or Anjurl ceMhIs',s6dtiofi,_�!i6 Witei-Depirtffieffit' of any kIhd,Ae.vate.;or- increase;tfie
T the wa er t _'d 'th6�
furnished toexi'st, consumers;- 'Will, upon paymefit,.'of "thel(applicablej pressure o receive
M3); - If1hAhe , -jud I gmen , t . of,,the,Mana- RconnOtibn Pump,911alf Hot' be to any'
'itabl'6 pipe-�dJrectly connected to -the, iniftf
jer = -an, 'applicant's, histallitioh". for serylee, connectl6n,'&_ s�i ca- or service pipe S - if
' I is-Adf T - from -1
utilizing the 'service-' , i�af6 dilhai- h'a6it� Gin Ats ' water_ ti;� rvi e.,, uc pumping. :613F.
�fd&ist or of 9heli -a-riaturethafpsat- curb, llne;. � or at its 6f pi6gstir6 shall 'be done;
-_ - -ff_ _ __._ j§e ff6lfi j, snrnp�'; C,
isfactory...servicb. cannot be'- pr9pe..yj. lnn(� c, any premises, stern, or storage. tdhl�
rendered; -siryc A - but; -, t
Which a,conn6ctibnto,tfie ffatev Sys:. which may.'- sump;;, cistern,
d� i�,� �ifd
(4)'4f service his tli6ritqif6Ye-�,b-eiin 'aoiniectW` t9 the - atW
discofitirnied f6r;4raifditlent. use,,•,,sW terads request6d, providbd, sbch`prerfi -direftly� "with
r_1 _gt6ni :distribution; faciliti6s.i'_`
ViC6(:Wilf-not _be,�rendcred: until "the ex-�-'Sy
main:right,-of -way-,ox
-Manager ha& detefffiffied. 'that 11 cW-� in- it Qui& , cloigin' - `or. - open. Ives
V, valves'
which a water
ditiofigs,J'f ._udulenV.use-,6r,-tiia6tIce main --of the, WaCer shall'.fibt Ne,%tiall6d. ciff�:`Any.consum�
0 -
haVe, been, corre-c-ted.,-, �S�,sterriAsAo6ted,.__' me s :pipes which, are .. -directly: 1it
i `Wfien-,anLappllcant Is refused ser-, -.GIiL,,a_ny_ -'base-, -wh&e:, application tached 'tw the Watef1gyjt7em -&aifisl
urid'er :the ' provisions -of `this for Water service i(other_ than private or � �seftib_6 pipes.� =_consuffi6r_, Whb�se,
paragraph (b),- the:'Mitfia "s 11 -in6, fllee Protectioil,.•si�Mce'br-'gii�,,iiiib!16 cipW_atl&i�re4uir�s the use of �a;.qukk
!df"t I;w- _ -
er 'hydrafit- se" I—- t__ _
-�re on5-fo the. fire service) requires; -a; m_aIn,_,_oF,, -I
form r e. - a - .. - .--- - . ,opening or.iclosing, va ve 'mus oper-
Tusal 't _.S of z it; -in 4 case -involving ,ate such_ device 1frord"i, tank; -clgterfi,5' e ex ension,,. excel:
right I -
an, application t . su divisionj kiirw or oth6r. -facility which- b I to the O1uf6jl'-h6r&1jbd o serve mj3F� 6,
,is !d e a
SECT:I WAVI 'trAct,'_or,' 6fifA - sel�H� *di4tkibt;� 's6rv6d,-by but' --not edirktff,le-o'n"fi-ectJed
-th'd Watbr' Dejpi�tnient_*RI extend Wifli . -,.tb%._Wa'-ter-
amt. o Supply -- and. -wat� rjjaing� fvi the' City's' r'MaIns � to Fii new 76ofi� or, se . ee. pipes!
Senrl�e lntar_rupllo�_n9. sufner'upon- payrrien by -him,,Ah cbIli the,
Cff�, sh�if nov�be- fes06nsible"
e charge of � reason- t
as �a connection or, he,,instAllation -_6r` inAintenance-
exercise�_.reasofi: f.6bl6-estimated-4(iW.�
eiity win�� -6jithnioiij i eluding, meter, iof',any water -Frfd
X Ce-1 O� provi jc IF'hiquiied able�' dnl'g� - t- - - - idii� 't "ignid, --,if of its service-coiffiectibfi-=6t.•'iii-et'��r: L;
id&q_6AZ watery service :to con. JW'thie; Wgt&E.DejAitinPiit';j any, .'costs _',M;,The City'*111 fi&t, bedr6sp6ngible_
suiriers and. to.'avold,"any - ishbrtage or.-Of-iii�cfe-agiiig,iheFsiz6-pf-capiteity-,,6f
--.-I'- - -,. ."---, -.j,
f�ofany, -loss_
: or, damake;cby any:
aisbdinterruption:(fthe City's-existiig*bt6r'riiPsor. negligence r mliwfut act,'Of
anyFdhh6tkliiah65e bcmpIeteifreed6m affi�§thefjfaclliti6�ue-d,or'ncessai3, qfmskMer or.any�oter.persom In-in.fi6m-interruption. The 'for supplying thdpioposediexten§ibn
Tlie size,: typeband; staning, maintaining; supplyfi-Partnefitsfiaii�havb;Ahe righttO'sus' qualityjj .of miar-using Tany'. appliafi6esif.cilitieg orsWater ;service, tIlAls- afid'locatir,.of the mdIhwill be- __ 'for-Ltei, or, water
,-
peud ui meat
• ...... generality: of Ahe. -foregoing daffiag6,
to connection -charge; shall noti be;:other-, consumers!' wlge,�sdbjectjo feffind-.,-_ -j[;--.
�P by sVeaffi,!hot water-or,:cR�
(6) 'D�qi � _J' wf6d ,of; thfeLiV, icals.l., Upg,�,apy, 0-f f6f amain dxtb&'
en_ 6d or.. actual = Water* - shbr�j_e- the- AT ify, i0olicalfit, "a
ive: a -t,rict,'i N.'Ir shall' be
igh --to' ed W4&_',:aj y-petsoft to"tamp-erL
Cviolation:of tills:
ity veo.the t' -app6r-1 sl6h to se. new,subdfVii16nf an
-shall,
aV6ilfiblb. *]iterrXs'u-p-p1-y' among- or,-�,orgar� service .(other
:prIvat6 fJY6 �Yrotectj6ji� service,, with any, .-th -property comp iiigj,
thant
�consumers in.such mannf�r,[as'appaars` of 14y, �piiblle :firi� hydrafit - ser-vicie)- the Water System. -
most �.eqiiitable, under . the, . _ - Y I -
'due-, �ijj to
--t
sthneesc.,th6A-_ji_re 'will 'be :required 1' 6"th'e City".
. vau",an" *itfi�, :'SECTION .12-
regar-d�'�'t'o--pu-bli(,--.'h'ealtli'.. afiTcsafe'ty.j cash, Eig 'i�,ii6nn6eti6ii,,,clidig4j,�be7,
16re construction is -,66nimbnced', L the ..WAer,__.D6partMent,-,;.
.(c)'.,.'The 'City ;shall -ni)tj be -liable: "eitimafed.rea�oiiible;,cbit':6f-�'ih-siallii'-�
i;
for _ interruption, shortage_ 6ri.-ifiga., - d 11 Dutii�foVManagir-'
'61i�l�_,or-Ciater'-wes-, - 10:
ji6i�y�df water S t, ii Of, �water ma s an . necessary
littings, gates: iih`d,-'fioustnds.,ther6f6r' '-watif ljepeit1i1e-nt,of;2,t4ei
sure or. any loss, r damage bcbd�siofi6d. Aimia
Y_. nbar6st,(existink main arid;, a�' of, Petaluma:, is' h&6by',created,,
hed and lshall-,haM6,jur--,
thereb
t the to be and 6eAblig
"SECTION. 11 Aristall_ed,for= such - ij).pliicafit;: the'esti-; isdicti6m., 6ri ind, confr6fjof
;mated --,Permits to Connect--- ieasonable",c6st�'ofjj'such me ;th&_Wat6r' Skst6fif 4n&- of 'then-
�Ccifinectkifii, co
Lent.
:tefsF and"of- _struc56m of-'all.,'improvem _aNdI
Eictenslons7- -
M61rj pf Te --the MAjfi_6g4�r;,'any -tions, Azi&_,eixfiefisibns� -thiriti).
�nd_ quired b�,' 0 _ h
T . O'Ag: of"in6i'disihithe size or capa-7 4after'-66iisi bd,__,oi - fic-quir- e6ki- - -an'-d
Al.-Aiiy��.ei�s6ri-�"6seLpi;�ihi�6s�-aie: 'city'of'. the City�s� existifikfin-airli or
�-connecfe`d:l with the.Waf&f- S�stdffi, �4riy 6thcr- fabilltl�s'_,used, or, ne&e-s-sary,
,not- shall opefatee and, miaintain Ahe.'Wa-'
'the date bf-;iVqdi9itidif-!of Ah6_ . f:,s,_U_pP',lyiAg_,t1 �ektehslon.� ter. Syst,e m,--.,a-nd All,-`o_f,_saIdhn_prove
0 - I shall ,On- or WFrisi6xui W&6y
Vatlei.1;Ystiffi.iby --the --City 'Ta rfient�s,
__ Tlfe� -size, .-type' and; quality' of
nett'- any' �perniises or Ziugie_ �'an .terials an to.
premises -to, b6" with' thy be -specifiedU'locatibri 'of thiP mains WIT Ao the, general,,cofifrol, e- 'jiy -thi!-�A16nag6r., aiid�the; ib) Subject- -n-d _t nit Et ifs-6
ter,Sys em only; after- first,61it�in- a7di�ial.,c6i�sti�66tioii.,will�, b6j'done�'by� :Of th6� Cinfh6li 'a iii -lir t tio f,
-C X
irjg i °peii�iitto, do sofroifi '.the, Man- thi�- Water Department7 of jby�'S per;, the: charter -the �Witi�fi Dep'aitmen,
ager� and, except -for :6i� -,connection ;sori-.acceptable -16 Ah'e-, Manager"., A:d.,, shall- 'cofisikt; �6f' a,'Md1iaje-r,_6f- the
rnide:-pursught t � - - - -- shall"
Department; a- superintendent o Paragraphs Gor-H * -strri-eriV 6U"'i - dent
made:-pursuant
shall 'any; *ibsUHtial.:dIff&-
isl see ion, y�a.[connection 'ences . betw6eff, the'eitimated and :the ,and ' such -"other_ employees' -79iiie!
,Zh_6igb,.i�,hi6h'sfial1'b`e the��'actiial - ! cost
-i 'r6iioliable�,actual,costt 6f,`sach_-instal-.�! d6teriiiiii4id'tiFbe�-necessary
.
,of. theo-meterz,., - " -- ) . i - d action will- �bd' ;.- iniffle-withiff _90days e�-_iVateF De-�aAmi�ht, �'�Zin er
t, vice 'afteF-completion, -` ji -R-Eac applicant;Tor-eater of the-:ihstahatioii, jthersuf�ervisibn',of the -Manager, shall
4-rd: (6xcbpt ervise,"an- connebtions`tB--th67Wd-
d'tb'-;sign`,`-_- form and such, connection charg . .
may bje`re`qu1ie - � on: a, o- :sup t all - water jprovided J15y.;the,"Water' Department , 16F the Alie, ;niet6rs)l* shall Sy-- irtem-, "shall, collect ,
'.0v'appli6tion �which isfiall'I set forth : bey:subj6ft to refurid-.-,,--- 1 -1-11 - _ '_ -, . -� ter and charges grid 'all connection
(1) Date" and "place bf'_'1�_plicfiti6h- I !� -1: - All meters' and - `service connbc- and other fees librelm,provided- for
_ -premises. 1 to" bebons shah;;lie iiistalied-b�,the Wa 'and,6;ill . enforce- a lltof th6`fcv�_
,of :(2) Location ,
served -A'
p 91 Gn§
-tei,_D�Craftriieilt;� subject -to. paymentof: this Ordinaii6e and'sliall-keep an
z _(3) Date'ftppllcan�' will`be 'for.. .&f- ap�.liedble"co�nddti6ii--cliirgeg.�Nb ,accurate i766-ounhtifig '_ and. ! records
I - , ow U reb, -amount
rent ',btlCei clildftg6� -shall 13bp-ild by s
(4)iWhZ41i�rthe jieAils6s1:haVe'been, th'& City �MFany meter . ors j.othef'fa. siti6n 'of', fund[k . , rdc6iiF(5de-b3� -the
'th h6retofore -'sup'pli6d_-,i ,water 'cllitiesloc;ited on a consumer's preen-- itDepartment-- iifeiindeh,_
'7 -_ 1. be
froTn'the 'Water' S�st&pjeither :1se§._ er, ,City ,shall �cause'tb' As-
,be_f&r-eor- _`after ' 464ulkti6if, Vy
the 'cify) _All' -`service,connections; 'sued' :and- i)_V_maintain; in--'goo`di
_
- . & afidlng��a -sur( -�,, 'U6- fie
main extensions and"instillitions it nd � 6nditio I dl
.(M Piirpcise; ibrwhkhservice,-&'to ;b�,Qiplkants 'it _ pal and '- prompt'--der-69i
-- - used: for � fid'ill-�Bther facilj.,� ixl5oii, 1h6, -full
be use -1id. t �tfte,
ties. furnishe , -by� he Water De Aiat_� �b% -ManYger iihd. a other
p 1 6�� •- � I I.. .
ity;--wfi - s of the Water, ZePartifient; 6 ether -located I
mailed -AH' -revenues m -the',',Fi - A
R16,599jb i0il8h biM:di61b�.be _ffi6nt- 6i, Ihi� C
iled or rith, seal f
lf6 va e property; shall � be, and: remain inl_�S_b,
whofty, bi jifir�flall' - 0�!t 0
(7,) Whether. applicant_ is owner or f-. . - Y"op"PRI _ C, -or, �qi7 1he. City proflide�d n 3
ctia
of; or agent for, t
ithlil property., of the Cityf 'and the
s. Department. 'JRNii the Water -gliall,,
-premise ient-,-1
-M,Such.%oth6r, information _ias, the
Water ' Department L t may L --- - -ij right-- to repair';- -replace, and jnain�,� -,'a sesJd
:Departmen 'reasr, "Dispbsitionriof��ReiVii-iiuds- nd.0
-ably.' fe'qbife_�.' taiii ia-ine, and --Afii� right, to, re' '.. I . ..1. - . .. ... . - .
move the 'safii6,'up-on-ldis4�oiitinuance�'.Which.,Revenues -t-tiati;;tle. Aiipliid'
The. application As only. -a%wrktbn f Tfi� M;fimk6i�_h or tither f
,reqii6sCfor -�98rvii�e, and. d6es'nbf, bind 19 J. , It I I ill I— 1 1121, "1 11 ;
I duly, �duthorlzed� ig6rif ofthe.W6ter�14- y 1the. Wa-
11,6ant, to, take jgeriiic6.�fiii. i Eiepiartmenflishall`havd &i'_tfi& Vity under
the jLpp
'I ��l le,'. the
�peribd �of'tiffi6 lofigei than -that, upon b - ti - - -"right 6f.-,ihgf6s§ to t inja s. his'Ordinance,,exce�tinj�,all- c6
which the'.rzitew and rhininium,charg- Lri�IM
an&6grps7§ frbffi�aiiy con§urnerM,prem�. tion. charges hereiii:provided-Tor- and
es of•'the`,applicable ritii. kliedulb.1re is
es se:s,��fof-ah3��purpos6,prop�-rly',i,6]ht-, pall r-efdRda'1516. -�depositg -iiiade=tome_s-
ingr to -the AirDishifig,of, *9t6N6L_tlf6 45blish,_�'.-c-re-dit-, _§hiil1'be.,_,deposited
.urfd reasonable-
-An- _iH9p_6ctidn]i- work' or withih,at reasonable time dft6r.rec6ipt
14�, serge; except under re66ii�in-&fiddtibfis inade�by Ihe'Witeil ithei&of�, '- d t_-
or-* more; parties jfia�`
eposi ory -bank�,of�-the
W, 0, -30 Depa'rtrnent�. omits 76-g ents�'In. e6fin&� City' 'and said: suffis,--, fogether'-,�Vith
one application,;f6r, service ,shall be* tibn. with-,b :appliances
jbiritly :arid' -severally ,'IiAbl'e--'for- -,pay--: 6H or anyAnterest, earned _t ]he-r_e6'n_.-7sIia1l,;6fi
.0
y� use O'Cw-'a-ter--on the consumer's j r_-befdrb� th_�. flfst,Jiusifibss 'day,_,of
meet •of',billi`anti shall-lid"billbd*-by -It116f_ a'Ebin- `bi6h, _&i1bfidar ;morith next �succeeding
ineans�of�sirlale periodic bills: plaint :or preffiises,;eith6r as �j resu,
alq�ndzir,�morith.iii�lil61i-,g- 6h
c U
1
SECTION _14!
k.fly7 '66'09il d7 at'6 ',% 11N=h$
whose. iddresks are; known; to. the
.Coufi6il
,peal relative, t&'the• amount of"any
.e
_the gp-erson Z-k
ihg
J6cfil appeal ,shall.-_paysuch, c-ar-e; After the appeal' -is -heard, t 0
ell.sh order _refunded_,to,,.
e
rSop making-such'.,app 'dh amount:
if as the, CoftficiF'shall Aeter'�
-refuhded.' any;
be
SECTION 15',
=ldl
'If ;fny - prov!66n :,df, this Ordinarikc!�;
-]r- the -,ipplication.- Ahie'rjeof to�ari�,
M.11 ___ :Person.,dt.Icii-diiiii'gt-dif6es; &hi4dl-jn_
'Valid,: no '6th6i, proiision.,of- dinanee no. other;
b'e,a_ffbe I�Y;%
_t(Z� there
Skff6bi 1 16'
Effective-_'W 6rdIfiah_i6
This ,Oxd ance shall+lie Yin -force
,and- effect .on -the -31[it-,,day aff6r
ithi& date 'of jtg%,fin_;�i. passage.
-1 4 RODU CKU- this, -25th ',d;i)i- 'of
iTu3rvote."
1959, by the following'
-AYES;; 4&..6ihn,
King; -Y.anBebber -and 14i&6FPa-fe-fit.1
NOES: None. -
ABSENT:. Cbifdlliiiei.;GI -stafi6i,a-iiI
d
Matzefi:. .
MvPARENT-_ I
GLADYS, ;K- WALLIN,
Providing for the Issuance of
3 3�0;0,000 'Prihcl al,Amourit of
Cityof Petaluma 1959 Water Revenue Bonds
Mid $2 $00;000 -of Series A Ronds_
INTRODUCED BY'COUNCILMAN -'SECONDED BY COUNCILMAN'
Norman. P. Van DE' bber Thos. J. Ellls, Jr.
RESOLUTION "No. __2260 NOS
Providing for the .issuance. o, f $ 300;000' Principal Amount of "City of
Petaluma 19f59' • Dater Revenue Bond's" and' o. f $2,800,000 Princi pal
" Amount o f Series A Bonds,' Prescribing the Terms, Conditions; Date
and Foram of Said`. Series A. Ponds and' o f'the Co_u(ions to Be'Attached-
Thereto and, Prescribing the Maturities Thereof; .Fixing the Maximum
Rate o f Interest on the Bonds.o f :Said Issue; Authorizing, the Execution
of Said Series A Bonds_and Coupons; Providing for the Security.o f'the .
Bonds o f Said .Issue. and A fi poiniin-e A Fiscal ;Agent Therefor; and
Providing for -,the Issuance o, f Additional Bonds.
WHEREAS' the Council of the City off'Petaluma on the 4th day of
March- 1959, duly .passed and adopted 'a resolution calling a. special,
: revenue bond election-fto'be held in the, City on April 2S, 1959, for the
purpose of subniittirig to the qualified electors of- the City the measure
(hereinafter set forth) to- issue. $3,300,'000 principal ,amount of water
revenue' bonds under, the ;Revenue Bond Law of 1941; ;and
WHEREAS, all .requirements of law have been complied with in
calling, and holding said special revenue bond election and the, -Council
did duly and regularly canvass the returns .of said election and did by
said canvass determine and -decl'are-, and do hereby certify, that said .
-measure ,received at said special revenue bond election ,the affirmative
votes of a majority .of :all 'the. voters, voting 'on, said measure at said
election and said measure was thereby carried and adopted by said,
election. and the issuance ;of said water.=revenue' bonds. by the City for .
the purpose described .in ,said. measure was duly authorized; and
WHEREAS, the City does°;not, now own, or 1Operat& any"water system
for the supply,, treatment; storage; traiismission or distribution of=water
sand the Council deems A%.advisable.to acquire, construct, .improve and
Ahance -tho' Enterprise comprising a municipal water system for the
City as described. -in said measure;
Now, THEREFORE,, BE- IT RESOLVED ,by the. Council of the City of
Petaluma as follows
SECTION 1. Definitions: 'The terms :hereinafter in this Section 1
defined 8halb for- allpurposes of this Resolution, -of, any resolution pro-
viding for the issuance, of' Bonds of any subsequent series or of Addi.
•tional ,Bonds hereunder,- of all such, ;Bonds;; •and .of uny,_,.certificate,
jA
opinion or other docuinent herein mentioned, have the :meanings herein.
' specified :
_ '2
(a) "City" means:,the municipal corporation.known as the "City of
Petaluma"; in the County,, of'Sonoina, State of _Califor_nia.,
(b:) "Council" means.: the .council" of the City or any other govern -
trig board of -the City hereafter. provid'ed for pursuant to law.
(c), "Resolution" ;means this,Resoliiti,6%
(d) "Bonds" means the $3,300,000 principal amount, "of .City' of
Petaluma 1959''Water- Revenue Bonds:Authorized by and at any time
outstanding pursuant to'this Resolution,. (including :the Series, A Bonds
hereinafter; provided for .arid all subsequent, series of,: Bonds of said
issue): "Additional '.Bonds'' means, Additional Bonds ;('in addition to
=said '$3,300,000 `principal_: amount of the; Bonds) Thereafter authorized,
pursuant to the Law 'and ,at any time outstanding pursuant to the pro
visions and subject to. the limitations .of' Section, It. hereof: "Serial
'Bonds" means Rorids,•:falling�due`by their 'terms; in specified years, for
which 'no minimum sin' 'I ng fund is, provided. "Term' Bonds" means
Bonds ,paya.ble ,at 'or before their specified maturity dates. from mini-:
°mum, sinking:fund payments: established Tor, that purpose and:calculated
to retire such Bonds. on .or before their' spe&`fi' "d_ maturity dates.
(e)'' "Law'm " eans 'the Revenue Bond. Law of ,1941, -being Title 5,
Division. 2, ,Part 1, Chapter A of- the California Gover ni6nt• Code.
(f) "Enterprise" means- the whole,and each and .every part, of 'the
municipal watersY§tqm: of 'the ,City,descriled, in',the -measure ;sea forth
in, Section 2, 16teof; fogether, with all ad'd'it bns,'better•_ments,, extensions
and improvements to is I municipal water system or any, part thereof
iiow. or hereafter' ' ade. .
(g)' ``-;Gross=;Revenues of the .Enterprise", "Revenues of the Enter-
prise" and "Revenues" -mean all ,gross revenues of -the' Enterprise,' in-
cluding all. fees,.tolls Tates and` other °charges' received from,.and all
other, incoffie, receipts and ,profits derived, bythe City from; the, opera-
' 4tion of the Enterprise; or arising out of the �Enterprise,..or 'in any way
incidental to the: ownership of ;the Enterprise by. ,the i,ty including
interest andmincome, from any nvestmeiiVof ,any of; -the. Funds provided
for in Section 9 hereof; togethevwith'all'gross xeveriiies' of all additions,
`betterments; improvements and extensions, to, ilie'Enierprise, Hereafter
constructed, or acquired,, excepting. _all' connection charges :and. refund-
'.able _ :deposit's :made to establish, credit.
(h) "Maintenance and 'Operation Costs" of the Enterprise means
. the reasonable [and; necessary' costs of maintaining and' operating, the- -
Enterprise, calculated' onsound accounting principles, excluding, in all
3
cases depreciation and obsolescence charges or reserves' therefor and
amortization of' -intangibles.
les. or other bookkeeping entries es of a similar
nature,, ut includingthe reasohabl'&:expenses of
. , (among other thinas
management; repair,, ,and , other `expenses.necessary to maintain. and
preserve the Enterprise,in good repair and working order, adminis-
tratio'n, overhead, insurance; taxes (if any except. to: the ex -tent other-
wise provided ifi_.S6ction,7(e.).hereofl and other.9imilar costs.
i) "Fiscal Year" means the; period be'ginnIng on July 1, of each
year, and ending,ont -he!next succeeding June 30.,
(j) "Annual Net Revenues" means all Gross Revenues of. the
Enterprise during any (;ex
cluding from Gross
period months. (, cluding
Revenues of the Enterpr
ise} (1) 411 moneys. transferred from the 1959
Water -System Acquisition and Construction Fund to the 1.959 Water
.-&venue, Fund pursuant tothe..provlsions,of -Section 7 hereof, (ii) all
;.proceeds of insurance' deposited ini the Revenue Hund pursuant to
Section 10 (k), hereof
r.eof and all net proceeds reali,ze-d by the City
from'
r9m- eminent. ,domain ptoceed ingsand determined to be Revenues of
-the Enterprise pursuantto Section 13 hereof) after deddeting there=
f "om all Maintenance and Opuation Costs, of the Enterprise during
such p&iod.
'(1) "M4yor"lihearis""the Mayor of'theCity, "Clerk" means the City
Clerk; and "Treasliter means the, City Tjre* asurer.
G) "Fiscal Agent" -means Bank of America N,,4tional, Trust and
Savings Association, being the 1059 Water Revenue Bond FiscalAgent
provided for in Section, -16: liorebf?.'
_(m) "Water" means water .furnished by the City through the
Enterprise.,_
(n) "Mq�dmuni AnJIU617 Debt.Serviieo''means!the,,m.aximurii amount
payable on all, outstanding Bonds, and Additional Bonds, in ,fiscal
year (beginning Nylithe, fiscal year in whi6 li. such calculation _is 'nla 6
and ending with the fiscal year, in which the last, of 'such Bonds by fbeEr
t6rinshiature) on, account of (i) interest,-, plus',(W, serial i OariOes of
1) -r-inc,ipal off Serial Bonds or mandatory miniinum. - annual,
pal. sinking fund
.'payments of Term Bonds.
SECTION 2. Due -Authorizatio-n and7PUrP6q6'Of Issue.
(a) TheCouncil has*: reviewed' all proceedings' heretofore taken
-to the of"the Bonds and has found, 'a result
relative, n
'review, -and does, `hereby find-,. and: determine, that all Acts,, con
.4itio'ns and things required by lk* to; exist,'happen and be performed'
%,k 4 -..e_
4
precedent to and in the .issuance, of the Bonds have existed, happened
and been ;performed in ,due time, form and manner as _required bylaw,
and'the. .:City is now authorized, pursuant to each and every requirement
of law,, to issue the :Bonds.in,the manner and form,�asan: tli s. Resolution
provided.
(b) 'The Bonds ,shall issue for the purpose, set for-,tli in the following
peasure:
MEASURE (A) : Shall. the City of Petaluma issue revenue "bonds in
(Water the principal amount of $3,300,000, pursuant to
System) .the Revenue Bond. Law of 1941, to provide funds
for the,acquisition, construction, improvement and
financing of the following enterprise,'to wit: A water system for:
the supply, treatment, :storage, transmission and. -distribution of .
water, including ,lands; easements,, reservoirs, water rights, water
: tanks, water mains, wells, :pumps, pumping, equipment; meters, fire
hydrants, storage, treatment,, transmission and distribution facili-
ties,, and other works, prop
er'ties or structures necessary or con-
venient, for winunie pal. water system. for the City of Petaluma�
(c) It is hereby found and determined that the City does not now -
own �or operate. a municipal water system.; that the` Enterprise, . when
Acquired, . constructed and improved as described in said measure, will
constitute - a-, -new °municipal improvement and - a -complete municipal
water system for°the City; -that the City'lias,made all necessary arrange-
menu for the acquisition (including ;acquisition by purchase . from
California Winter°Service Company), construction, improvement and
financing'of the Enterprise from the proceeds`of sale of the. Series A
Bond's hereinafter provided ,for;; and that the.'proceeds of sale of the,
Series A Bonds shall therefore be applied to the:.pay-ment of the costs
of 'the ,acquisition,; construction, improvement and . 'financing :of the
Enterprise. Accordingly, A is, hereby found and, determined as follows':
O the Enterprise can 'be, acquired, constructed -and improved as a
complete municipal water system from the funds; available and- to be
available to: the City .from the proceeds of sale of' the Series A.Bonds ;
(ii) ,water rates and charges can be fixed, -levied and.collected upon the
Enterprise for the. services, facilities and water furnished by the Enter
prise;. ,(- n) said water rates and, charges; together with: all other Gross'
RRevenues of the Enterprise (as said term is defined in Section. 1(,g)
hereof), shall constitute the Revenues of the, Enterprise pledged to the.
payment of the ,principal :of. and. interest on and to the security, of the
Bonds and Additional Bonds gas. herein provided;., and (iv) the. Gross
Revenues .of the Enterprise, are hereby pledged to _the, service of the
Bonds and Additional'Bonds.hereinafter authorized and all Gross Rev-
enues accruing, to the Enterprise on or after the date of 'delivery of and
payment for`the Series A Bonds, shall be .deposited in and accounted
for .through the Revenue Fund provided, for in Section 9.;(b) hereof. No
sums collected by the City during any Fiscal Year as, ;fees for connee-
tions to. the Enterprise or refundable, deposits made to establish. credit
shall constitute Gross Revenues of the Enterprise.
SECTION 3. Authorization of, Bonds: The Bonds shall be issued
and sold as -°hereinafter set forth and pursuant to the -Law. and shall be
.1Mown 4as, "City of Petaluma 1959 Water Revenuet;Bonds". The aggre-
gate piincipal,'amount of bonds% which may be issued by the' City and
secured by this Resolution, and outstanding at any one. time. is limited
to ;$3,3M 00,, .except as., hereinafter provided, with respect to the issu--
'anee of Additional Bonds .hereunder. The Bonds shall be': negotiable in
form and shall. contain 'a recital that they are issued pursuant;'to the
Law.
The Bonds „shall be divided into series. An initial series of. Bonds,
limited in aggregate principal. amount to not exceeding $2,300,000 at
anyone: time outstanding, .is hereby�created and shall coast °trite,"Series
A"; and the remaining $500;000 principal :amount of the Bonds may be
divided into one .or more 'series as the Council shall determine by reso-
lution ,at ' the ' time of; ahe issuance of all or any part of said .remaining
$500;000 principal amount of Bonds; subject, however, to the provisions
and limitations of Secti6n.11 hereof: The Series A=.B.onds shall, be 2;800
in..number, numbered :consecutively from Al to A2800, both :inclusive,
of the denomination of $1000 each.. The Series A Bond-s shall, be dated
-September 1, 1959 (which is hereby determined to be- the date. of the
issue of the Series A 'Bonds;)..
The Bonds 'shall 'bear interest from their date until paid at the
ratel or rates designated by the Council at the time of 6&.sale thereof
`but not to exceed. six per. cent '('6:%) per annum: `Said interest on each
tiseries ,of Bonds shall :be, payable, semi-annually or. annually the first
year and thereafter semi-annually as determined by the: Council at) the
time of the issuance .and sale of each series of the Bonds,. :Such interest
shall be evidenced by coupons attached to each Bond alid.`each of said-
6
coupons shall represent six- (6) months' interest (except,the first�coupon
on Bonds as to which interest is `payable annually the :first' year; which
shall represent, twelve (12,) .months' interest); on the Bond to which it
Is attached:. .
Interest on ;the Series A Bonds shall be. payable, annually the first.
;year -and thereafter semi-annually. The interest, coupons on the Series
A :Bonds shall `be, payable :anniially the first year on September 1, 1960,
and thereafter semi-annually on the first day of,March,and the**' day,
of September in each, year until. the, Series A. Bonds are paid.
Both the °principal, of and. -interest on the Bonds shall, be payable
-in. lawful money of, the. United States of America at the San Francisco
:Main Office of Bank, of -America National Trust and Savings As
' the City and County of San Francisco.; State of California, the
Fiscal Agent; but only, out of the special: funds hereinafter provided
for that purpose.
The Series A Bond`s shall' mature and become payable .as set forth
in -..the following schedule
Bond',Numhrs . Principal Maturity Date Bond.Numbers . - Principal Maturity date
(All numbers _ ,Amount- September 1 (AlLnumbers AmOUW September 1;
inclusiwand. incluiive and .
bearing: itk"A"). bearing Prefix " A" )
1- 25 • $ 25;006 1961 386 440 $ 55,060 .1976 -
= 26- 60 35,000 '1962 441- 495 `55;000 '1971
61-.100 . 40,000 1963. 496- 555 60,006 1972
1017 140 401000 1964 556- ,620 65,000 1973
T41-.485' 45,000 V 65 6,2L 685' _ 65,600 1974
186- 230 45,000 1966,: OHL 755 70,000 1975
231 280 50,000 1967 756- 825 70,000 1976
Ni_. 930 .50;000 196C 826- 900 7.5,000 1977
8317 385 55,000' 1969 9,01-2800 1,9.00;000 1994
Series A. Bonds, maturing in the years- 1961=1977, both inclusive,
are hereby designated "Serial Bonds" and,Serie9t A Bonds maturing in
the year.1994 are: Hereby designated ",2'erm Bonds"._
Serial Bonds numbered, Al. to'A900, both inclusive, :maturing by
their tennis on or prior to September. 1, 1971,,4re not subject to call and
.redemption prior. to ;their fixed maturity dates. Term, Bonds numbered;
A901 to,A2800, both inclusive, maturing on.September 1,1,994, are -sub-
ject to call and, redemption, at the option of .the City; on September, 1,
1970; but not prior thereto,. and on.any interest payment'date thereafter_
""'We
prior to' maturity as a ti , or in part by' lot, from funds .derived by
7
.the City, from any source; including, the Series A- Siiil:ing Fund Account
providedlor in Section 9,(e ), hereof; at the principal amount thereof and
,.-accrued interest to -date of;°redemption plus a premium as set forth in
Column 3 below, as follows:,
Column-t ColumnI ColumnF31 Column t Column,2_ o Column 3
Bonds Redeemed And'Prior to, Premium - Bonds Redeemed And Prior tof Premium
On or After September f : - On on After September 1
September September t
1970 1972 4 % 1982 1983, 2 %
1972, 1974 ;1983 1984 1'3/4oJo
1974 1976 32% 1984 1985 11/2,%
1976' 1978 3i/4% 1985 1986 li/4%
1978 1979' _3 % 1986 .1987 1 Yv
1979 1980, `'23/4% 1987 1988 3/4 of WO
1980 1981 '2r/2% 1988, 1989 1/2 Of.l,oJo
1981 1982 21/4'% 1989 1990 /4 of 1�
1990' Maturity none
Whenever funds are available for the, call and redemption of any
of the Bonds' then subject- to call. and redemption, the Fiscal Agent shall
determine the serial numbers of the Bonds to be: redeemed :(including
the serial. numbers, of the Bonds .to -be redeemed by Jot'), and the Fiscal
Agent, shall also de'terrnine'the date of redemption of such Bonds:
Notice of any such redemption shall. bepublished. by -the Fiscal
Agent,, as agent of ;the City, once.:a week for two successive weeks in
,a newspaper of general circulation printed. and •published in the City
and Countp of. San Francisco, State of California— The notice of redemp
tion shall set forth- the, -Bond numbers and. principal amount.. of. the
Bonds so to be calle&and redeemed, the amount of thepremium: payable
thereon at the date of redemption and the fund or funds from which
said principal and premium .are to .be paid by° the Fiscal Agent. A copy
of such notice shall be forwarded to the Clerk by'the Fiscal Agent: not
later than. ten -days after°'the.-date of first .publication of said notice.
Similar notices shall be; mailed :at the: same time by the Fiscal Agent to
the original purchaser of each series of .Bonds or Additional Bonds
issued hereunder and also to the respective, registered owners of. a_ ny
Bonds called for redemption at their addresses appearing on the: regis-
tration book in the office, of the Fiscal, Agent; provided that such'mai1-
iiig shall not, be a condition precedent, to such, redemption and failure to
mail. ,or receive any."su6h, notice; shall°-iiot -affeet-the validity of :the pro.-
ceedings for the redemption of ;such- Bonds. The first publication of
such,notice of redemption. shall -be not less than 30 days. nor more, than
66 days prior to the date fi ed for such redemption. After 'ihe date fixed
for -such redemption, 'if- fhe .Fikal Agent, as, agent- for the City, shall
have- duly published notice.of such redemption and the City shall have
provided funds available for pa-m nt of the' principal, pxemimn, .if _
.any, and'accrued interest. on the Bonds. sa called; interest, on such, Bonds
shall, cease. All Bonds, and coupons surrendered to, the~ Fiscal, Agent
upon. -call for redemption and•'all Bond's and coupons purchased_ by the
Fiscal Agent pursuant to Sections 9(e), and' (h) (3), hereof shall be
cancelled by the`Fisedl Agent and shall not,be°refssued.
SECTION 4, forms o. 'series A Bonds, n"s Coupoand Reyis'tration
Endorsenieid. The Se' ries..A Bonds and coupons ,and'.forms of regis-
tration ardor.-semept shafl ,each be in substantially -the following respec-
'tive forms; the blanlis:'in said forms ;to bb ,filled with appropriate, words
or figures, namely':
UNITED'STATES of AMERIGA
STATE OF CALIF.ORNIA
COUNTY OF ,SONOMA
CITY OF PETA-LUMA 1959 WATER REVENUE BOND
SERIES' A
No. A---------------- - $1,000
k - The: CITY. -'OF PETALUMA, .a, municipal" corporation organized
and -existing under the- Constitution aril .laws of the State.°of Cali -
forma. (hereinafter called ""the .City"), -for value `received, hereby
promises to pay,; exclusively out of the ,special fund.hereinafter
mentioned, to. the`bearer. (_or if ,this Bond be -registered, to the
registered owner hereof), on'the first day of September, 19.___, sub;
ject to any right of prior redemption hereinafter--. in Ithis:-Bond Oil,
pressly provided for, the principal sum of , ONE THOUSAND D•oijiARs
($1,000).- together, with interest, thereon .from the, date hereof at -the
rate of ......................:.:: ..---- -
Per cent."
per annum until_ payment- Of' -said principal sum in, full, annually
the first year. on. September. 1, 1960; and thereafter semi'_annually
on March 1 and September, 1 in each year. Unless this Bond be
registered, such interest;,. 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 payahle,, exclusively out of said
special fuird, ,in,'lawful 'money of the. United_ States of -.America at
—
the. San, Franci,'sco Main Office of `Bank of America National .Trust
and°Savi-ngs Association in, the.:City and County, of'San Francisco,
-
State .of California (Hereinafter called .the -`Fiscal Agent").
_
'This Bond is one of a. duly authorized ;issue of -Bonds of the
City 'aggregating Three.'Million. Three :Hundred- Thousand Dollars
($3;300;000): principal. amount, all of like tenor and ,date (except,
f ore such variations,. f any- 'as may be. re.gtaired_ . to designate varying
series, dates_,, numbers, maturities, interest, ;rates or- -redempti on: '
provisions) and, is issued under and pursuant `to.;tho Constitution
and. statutes .of the State-of'.California, including :the, Revenue.
`Bond- Law 'of 1941 ..(hereinafter referred to as "the .Law-'-'), and
under and pursuant. to''.the :proceedings .of the City duly- adopted
and .taken, including Resolution, No_ _____________ (hereinafter called
"the Resolution"')„ adoptedby the City Council ,of the :City on
dune 29; 1959;,and a vote and a"s_sent of a,majotity of the qualified
voters .of ,the .City voting at a. special. election duly called and
held "for„that purpose. Referenpe'is hereby made• to the Res,olu-
'tion, ,al'l .of the provisions of. which are Hereby incorporated herein
m and in the coupons'appurtenant hereto ;for a s ecfic description. of
p
the security tli'erein provided;, the nature,, extent ,andjaanner of
enforcementt of such security,' and a statement of the rights- of
bearers or, registered owners of 'the Bondsto all of the provisions
-
.,ofwhich the bearer ortegistered- owner Hereof consents:and agrees'.
Each taker and subsequent Bolder - hereof and of said coupons,
.;'whether said coupons are, attached :hereto or de_ tacked .lierefroin,
shall have recourse to all of the provisions of the haw and the
-
Resolution and shall be bound by 411 of the terms and conditions
thereof.-,
This Bond is issued ;for the purpose ,of raising money for the
acquisition, cons teruction;, iinpTovement and financing of an Enter-
prise comprising •a municipal water'system of the City, and both
the principal :Hereof and. interest .hereon, and of ;all., Bonds of said
;authorized issue, and of alL,Additional Bonds that may be issued
pursuant to the provisions of the. Resolution,,. in. accordance 'with
the` terms and conditions thereof;;�;are' equally secirred:"(except as
to maturity, 'redemption provisions and''varying in erest'rates and
10
except 'insofar as`any sinking fund account or account established
„ in-, accordance with the 'provisions of the Resolution may, afford
additional security for .any series of. Bonds "or for. any,Additional
Bonds) without priority, for number,, -date .of honds, :of sale, of
execution, or of delivery; by a pledge, charge and lien upon the
Revenues of the Enterprise pledged to the .payment. of the prin.
cipal ,of and "interest on the- Bonds in. accordance with the; provi-
" :
sions ,hereof and of the. Lave' Arid the Resolution:
Both: the principal hereof and.inte'rest hereon;.an&of all Bonds
'Of said -authorized issue, ;are payable exclusively from the. special
:fund hereinafter and- in. the Resolution referred to, which, said fund
Is hereby pledged for- tlie, security of the Bonds of said. authorized
issue and all Additional Bonds: issued pursuant, to the. Resolution:
The.'City hereby covenants. and warrants -that., for the payment of .
this Bond and all. other'Bonds of :said authorized issue and all
Additional .Bonds issued pursuant to the Resolution and 'interest
hereon and thereon when. due and for the, protection .or better
securing of all;such Bonds, th.ere.has been created and will`be main-
tained•a special;fund '(designated. the 4195WWater Revenue Fund")
into which all of the ;Gross Revenues of the Enterprise shall be
deposited, sand the City will promptly pay this, Bond and all Bonds
of said authorized issue and all Additional :Bonds issued pursuant
to the Resolution ,and all interest accruing, hereon sand 'thereon and
all premiums (if any), when due or redeemed, out of -!said special
fund, all in accordanceVitli the terms hereof and the terins.and pro-
visions of'.the.Resolution, 'This Bond, including interest Hereon, is
a special ,obligation of .the. City and is payable solely from the Reve'
noes pledged ,to the paymenfhereof and the City is not'obligatod to
pay the same: except from said Revenues. This'Bond is not secured
by the taxing power of the City.
The City hereby covenants and warrants `that it will operate
the :Enterprise in Ann -efficient and economical manner and, will oper=
ate, maintain and .preserve; the Enterprise in, good repair and work'-
ing order f rom the Revenues available 'for suchpurposes as pro-
vided in .the Resolution and that;,it will prescribe, revise:and collect
such fees; tolls,, rates: and.other charges in connection therewith as
will produce, Revenues, at least equal ,to, the amounts thereof pre-
scribed by 'the, Resolution, and::sufficierit to -pay the,interest, on and
principal, .of the Bonds in accordance with the. provisions of the
Resolution.
Bonds numbered Al to.-A900;._b.oth inclusive maturing by
their terms on or prior to September--:1,'.1977, are: not subject to call
_ and redemZ�tion ,prior to their- fixed- maturity .dates., Bonds. num
bered A901 to .A2$00, both inclusive, .matt7ring , on 'Septembeer a,
1994, are °subject to .call.and., redemption, at, the option "of the City,
On September 1, 1,970; but-'not°..prior- thereto, and on ,any interest
payment date thereafter prior ,to';maturity as a whole,- or in ,part by
lot; from.funds: der-ived by the City. from °any source; inelud'ing the
Series. A Sinking Fund.; Account .,provided =for in the. Resolution,
at the. priricipa'1 amount thereof. and accrued interest to date of
redemption plus a premium as set forth in" Column 3 below, as
follows
Column'I Columj,7. . Column;3 C0166n 1, Column 2 -Column 3
Bonds Redeemed) And;,Prior to Premium Bonds!Redeemed :AndiPrior'to Premium'
On or After September 1 On or After �Septim_b* I '
September I September I
1970 1972 4 % 1982. '1983 21
1972' 1974 33/4.%. 1983'1.984 13/4%
1974- 1976 31/2% 1984 1985 11%2%
1976 1078 31/4,% 1985 1986 11/4.90
1978 1979 3 % - 1986; 1987 1 %
191q 1980 :23/ % 1987 13/4 of 1%
1980 1981 2?/z% 1988, 1989 1/Z,ofaofo
1981 '1^982 21%4,ofo 1989' 1990 1/4 of;''1%
1996 Maturity` none
Notice of any such redemption sl allbe,publishedby.the,Fiscal
Agent, as agent, of the. City; once, A week f ortwo ,successive°weeks;.
a'newspaper ,of general circulation, printed and published in the City
and County of San:Francisco; State .of California. The first publica-
Lion of such notice, shall b.e-not'less than-,301 nor..more than 60 days
prior to the d"ate. _fixed for sucli.redemption. After the date fixed for
such redemption, if the Fiscal Agent, as_ agent of the City, shall
have duly 'publis_hed notice -of such redemption and 'th'e' City shall
have provided funds available.for payment of" the principal, 'pre-
mium; .if anyy and accrued, interest. on. the Bonds; so called, interest;-
on:such:Bonds shall.cease.
The Bonds -of ;said :authorized issue and, the coupons apper_
tairiirig thereto,, and the :Resolution, -maye be :amnded; altered or
'niodified at.;any. time, :in the manner, to, thb- eXterit and 'iip`on the
terms..providedin,the:Resolution. '
1
12
It is hereby cer.tified,recited and declared that all ads; condi-
tions and things required; .b 'y'aw I" - , t o exist, happen; and be performed
,
precedent to and i0 'the 'issuance r,of this :Bond .have ,existed, hap-
pened and been performed in due 'time, form ,and manner, as re-
quired by law and that the amount of this. Bond; togeffier with all
other indebtedness of the, City, does not excezedany limit prescribed
by the Constitution,okstAtutes of said State.
be. r , manner provide in .the
This Bond may' egisteredin the '
Resolution and thereafter l he principal. hereof and interest hereon
shall bepaydbl&onlyto s'uch_,,regjstered.owner.
IN WITNESS WHEREOF, the City of Petaluma, ,has caused this
Bond to be executed under, its, official .seal, signed by, its, 'Mayor and
its. Treasurer and :countersi :countersigned by its. Clerk, .and has. caused the
interest -coupons, attachedhereto to be signed by its' Treasurer and
.this Bond to be dated the ;1st day of September. 1959,
.......................... ................... ..... . .........
Mayor of the:-Vity of Petaluma
................. .......... ............ ......
Treasurer 6Y the City bf,Pefalitma
Countersigned
.................... v ................ .................
i y,of Petaluma
.City Clerk of
(FORM OF COUPON
On the Ist, da -------- ... ...... y of; 19. subject Coupon NO...
to Any right; of 'Prior redemption' reserved - in the
Bond .hereinafter mentioned to which this, coupon.
appertains, the City of.Y6taluma will (unless, the,
within ,mentioned Bond be registered) pay to the.
-bearer :exclusively from the.,special fund referred
to,in the,heroinafter mentioned 136nd, at'ther,'San
Francisco Main. Office of Bank of America N�ational
Trust; and Savings Association in the City and
County of SanYiancisco,v"8tate,,of California (the
Fispaj.Agent= of rsaid. City) .......................................... $ ................
13
in lawful money of the United States of America,
being interest then due on itEJ,9.59 Water Revenue'
Bond; Series A, ........ - - ,........ No. A-, ....... ....,
'dated September 1-,19W
Treasurer o fthe, City o f Petaluma
(FORM" 0Y;REGISTRATION ENDORSEMENT)
Thin Bond is registeredin the; name of the registered. owner
-whose name.;and.:addres&Appear last in the space, below' and both ,
th'e principal .of ,and interest on, this 'Bond are _,payable to. such
registered owner.
Note: There must be. no writing in the. space below except -by the
Fiscal Agent.
Datcof. Name of 'Address,of Signature of
Registry Registered Owner Registered Owner Fiscal Agent.
SECTION 5. Execution of Bonds and Coupons; Registration; Sub-
° st tution of Bonds; Temporary,Wonds.
(ay Execution :o f ,B_ond_s ,and Coupons. The Mayor and the Treas-
urer are herebyauihorized,'and directed, 'respectively; .as�,s_uch; officers,
to execute each of the Bonds; on"behalf of the City; and the Clerk, or one
or, more of his deputies;, is _hereby authorized and directed to,,counter-
sign each of the Bonds; and to affix the official seal`: of the City thereto.
The Treasurer ;is hereby, authorized and directed to sign each of the
interest coupons by -printed,, -lithographed or engraved facsimile.signa-
ture. Such signing, countersigning and sealing as hereiii'provided, shall
be a sufficient and, binding ,eXecution of the Bonds and coupons by the
-All such signatures and dountersignatures ,,except ng that: of.
the'Clerk or his deputies; may be printed; lithographed or en
graved°
1
14
In .case any of -such officers whose signatures or countersignatures ap..
pear on the Bonds or ,coupons, !shall cease to be such officer, before the -
delivery of such Bonds to the purchaser, such signature or counter-
signature shall nevertheless.be valid- and sufficient for all purposes the .
same,as though he,had remainedjn office until the,delivery of the Bonds.
(b) Regisfratioo. The City 'will keep, at the San Francisco- Main
Office of the Fiscal Agent. at all times when. any of the Bonds shall be'
outstanding.'and unpaid,,•books for the registration and transfer o_f_the
B:on&. The owner of any°coupon Bond may present the Bond at•:such
office to the Fiscal Agent,and request the conversion of the Bond;into .
a registered Bond. The Treasurer shall cut- off and .cancel. the coupons:.'
of any coupon Bond so presented and shall cause to be, endorsed,, upon
the back of such coupon Bond so presented i statement to the effect, that
the Bond is registered 'in the: name of the owner, and that thereafter the
interest and principal of the Bond are .payable to the registered owner.
Such statement. shall be substantially in the form hereinabove set f orth.
.After- such registration sand. -notation no transfer :of any such coupon
Bond shall be valid unless evidenced.bya written instrument of transfer
in form satisfactory to theFFiscalAgent, duly executed by the registered,.
owner in person' or by his, duly authorized agent' The Fiscal ,Agent shall
keep in its office a registration book which shall atall times show what'
Bonds Tare registered and -the names and addresses of the registered,
'owners, respectively. The° addresses ,appearing in the registration book
shall'.be deemed to be;,for all. purposes the addresses` of the registered .
owners. The Fiscal Agent shall pay interest to fliel owner of any:regis-
ter.ed Bond„by check mailed to such owner at his address appearing, on
the registration book and shall 'pay to the owner or his legal assignee
the principal. of any registered Bond'upon presentation and surrender
,of such' -registered Bond. The ,registered owner of any registered Bond
may at any time (provided; such .Bond shall not have ;been called for
redemption). present sudh..Bond :to the Fiscal ,Agent and request con-
version. of' such Bond into :a coupon Bond' in' which. event the Fiscal
Agent shall cancel the registration of such Bond and shall `attach there-'
to: coupons for-all'unmatured interest thereon and as a condition ;of any
such: conversion may .require such. charge therefor. as it may deem
proper, not exceeding: $3.00..
(c) Bonds.. Mutilaied;: Lost or Destroyed:' In `case: any Bond shall,
bec9me mutilated in_ respect, of the body of such Bond or ;,the coupons;;
15
if any,- appertaini_ngg thereto, or shall be believed'by the City and the
'
Fiscal Agent to.have been destroyed; stolen or lost, upon proof 'of own-
ership satisfactory -to: the. City, and the Fiscal Agent and upon, the
surrender 'of such mutilated Bond with'its coupons, If any, at :the office
of. the :Fiscal Agent, or upon. the; -receipt of evidence satisfactory to the
City and the Fiscal Agent of such destruction,-theft;or, loss; and upon
receipt, -also' of -indemnity satisfactory to the City and the Fiscal Agent,
and upon payment of all expenses in by"the City and -the Fiscal
Agent :for any investigation_ relating thereto, .and, for each new .Bond
issued under this paragraph (.c),. the City shall execute and the. Fiscal'
Agent in .its discretion may deliver at its San= Francisco .Main Office
in.San Francisco,, Cal fornia,a new Bond or Bonds:of the same maturity
and for- the same aggregate principal amount; with the coupons if any,
appertaining thereto, of jike tenor and, date; bearing !the same, issue
number or numbers, with';such notations as the City, with the. approval,
of: the Fiscal Agent, shall determine, in exchange and substitution for
and upon, cancellation .of. the mutilated Bond and its, coupons, if any, or.' -
in lieu of and- in ,substitution for the Bond and its coupons, if 'any, so'.
destroyed, stolen or Jost:
If; 'any such destroyed; stolen. or lost Bond shall have. matured,,
payment of the. amount due -thereon maybe made- by the City upon
_receipt of like 'proof, ,indemnity and payment of `expenses.
Any such duplicate:. Bonds or coupons issued, hereunder shall be'
entitled, to equal and proportionate benefits with,all, other"Borids issued
hereunder; -Neither .the City —nor 'the Fiscal Agent, shall. be -:required to'
treat both=the original Bond and any duplicate Bond as 'being, outstand-
ing Tor the purpose 'of determining, the principal,;amount of Bonds; which
_
MAY,be issued hereunder or for the purpose •of determining, any per-
centage of - Bonds, outstanding hereunder, but-. both -the original and
duplicate Bond shall be treated as one: and the same:
'
(d) .Temporary Bonds.., Until' definitiye Bonds shall be prepared;
the City may cause to be executed andde'livered'in lieu of;such.definitive .
Bonds and subject to they -same provisions; limitations and conditions .
as are -applicable in the case of -definitive Bonds, except that they may
be in .any ,denominations; authorized by the '.Councijl.and ;shall be regis-
trable as to ;both principal .and interest and may he discharged 'fr.om,
elgistration,in. the. -same .manner :and siibject.;to the; same provisions
.
= ''her _eri_contained applicable to definitive Bonds.one or more temporary
r
16,
printed, lithographed, or engraved Bonds: in bearer form without coin
pops, or with, one- 6r;mqre coupons, as maybe by the Cou ncil
substantially of the:. same tenor and, until exeban -'-Pd for definitive,
-Bonds, entitled -and subject to -the same benefits and provisions . of this,
Resolution as definitive Bonds ,of: the _same'characterAnd maturity and'
nd'
executeda, an d issued. hereunder. Temporary, Bondsshall be exchangeable
:only ih, f6r definitive Bonds of the same aggregate
principal. amount with
-14 same maturity .9r maturities,. and bearing interest at the sahie rate
or.rates,'as are provid6d for in said temporary Bonds. Temporary
Bonds shall be,ex6hangeable from time to, time at,the oM6e of the Fiscal
Agent without expense to the holder, f6r-iempordry Bonds or for defi-
_
-nit ipe-Bonds of like aggregate pfihcipal7amount,,yhen,.�r6pdk6d of the
same, series,- character and serial maturity as the .case may be and of
the ,denominations, :authorized: - All temporary Bonds go surrendered
shall be. cancelled by ..the Fiscal .Agent And surrendered to the City.
Withoutunnecessary delay, the City will execute, and will furnish: -such
definitive, Bonds, to., be, exchanged at. 'the San Francisco Main Office
,of the Fiscal Agent, in San Francisco, California,-. for �said_ temporary
.Bohd§`u-Poiis-utreAde,r thereof'to the F&9IAge.nt;' , The definitive,Bon'ds,
shall be7`IithograPhe4 or. engraved; in whole :or in part;
art; except thatIhe
text of the Bonds; maybe printed ofreproduced: I rom, type, composition -
early actic le to marketable corporate bonds of.
composition-
-comparable as n As pr ab
like -.character.
SECTIoN 6. al ' .8 e�OfBonds. T�qCiivhotebyLeov -6nants,aild,,Agtees
that: -it will sell and deliver, Bonds hereunder, only,spbject to the cond'14
tidlig hereinafter set- forth -in thus, Section 6. The City will initially, sell
the $2 800`000 principal, amo-dnt..of the Series A,Bond's, 'which willhe
sufficient to enabie,the ,City to acquire, const.ruat, improve and finance'
the.Enterprise, including x
s payre6nf of incidental expenses; reiinhurse-
ment, to the. City's ;General Fund and. deposits into the,'Reserve Fund,,
"Maintenance and OperatibftsYdnd and Replacement and Repair- Re-
serve . Fund, all .as hereinafter provided in .Section 7, hereof. Bonds of
Any other series mciy= thereafter be issued and, %sold. by, the City only
p-qnuant, to'S6eti6ii 11 hereof.
SEclm- oiq 7., Applicdtion of Proceeds, of Sala ,bf Bonds. tTpoji, the
"receipt of ',pd ymen't for the Bonds or any. part thereof when the ,:sai ne
shall have been dulyId"b the� City-, the Tj�easure)r, of the City so , y shall:
SeVasf de:and depo:'sii the-6-664d's", -receive'(! f r. -0 m such sale ,"bitheS ollow--
iAg're§pective,furidsl '.-tndin the following order of priority:
17
`(a) The Treasurer,shaR deposit, from the, prooeeds,received from
the sale .of- any of the Bonds,,, with the Fiscal Agent, (to be deposited by
it in the Interest Fund hereinafter provided for in Section 9:(d) hereof),
the accrued interest to, the date'of payment of the of
-putbEcase price
such Bonds received upon 'the, sale thereof.
(b) The, Treasurer shall deposit, from the pfoceedsi.',of sale 'of the
Series A Bonds, with the Yiscal Agent- (to, be deposited by it in the,
Reserve Fund hereinafter. provided for'in Section 9(f) hereof) the sum
of $150,000, and .shall :also deposit, from the proceeds of' -gale of any
Bonds of any subsequentseries; s -r �`es; with the Fiscal Agent (,to'be deposited
s -on
by it in the Reserve Fund) the sum requited by the,provigions of Section
11 (c) hereof.
(c) -The Treagqrershall' set aside and'd-op6sitj from. the proceeds
of'sale ofth6 Series A.Bonds, in the City Treasaryin the Maintenance
and Operation, Fun ' d,hereinafter provided for in Section 9(g) hereof
the sum of $35;000.
(d) The, -Treasurer shall sot aside and deposit, from the proceeds
of. sale of the Serfeg A Bonds in the City Treasury in
I flie',1959 Water
System Replacement -and .Repair Reserve Fund which the City hereby
y
covenants and,a.-rees'to establish and maintain as a revolving -fund,. the
sum. of $25,000. Moneys in said Fund shall be withdrawn- only for
necessary repairs or'teplacoinents of the Enterprise when no, other
funds of the City- are, available therefor. The City, agrees to replenish
said Replacement wid,Mepair Reserve Fund, from the first Revenues
of the Enterprise availa@& to the.City, as soon,.as practicable after any
withdrawals therefrom, go as, to maintain said Fund in -the,ful - I amount
ot:$25,0.0,0 so long as any Bonds or Additional Bonds 'issued hereunder
are outstanding.
(e) The renfainder,of the proceeds received from the sale of any
of the Bonds (including any premium, but excluding accrued interest
from the date; of the, Bonds so,,sold to the date of' payment of the pur-
chase price thereof) shall be set aside and deposited by the Treasurer
in a separate fund in the, City Treasury, to be known as the "1959'Water
System .Acquisition,:aii-d.Construction Fund", which said fu - nd the City
.hereby 'covenants and agrees to, establish, and maintain. The moneys in
the 1959 Water System Acquisition and Construction Fund shall be
used, in the manner provided by law, for the purpose, of'the acquisition,
construction, improveni-ehtand financingof the ,Enterprise, c des'ribe.(l
in said measure, including payment of all taxes levied during the Fiscal,
18.
all -portion' of the Enter d. prise acquire
Year 19594960 on, s by the. City
during- said Fiscal Year and also including. payment of all costs of said
.�speci6l- revenue'bond.',electioift hndvallcosts, of the issuance, of the 'Bonds;
and all engineering, appraisal,, -inspection, legal and,fiscal agent's fees
incident thereto, and reimbursement to the City for all funds advanced
'by the City from its General Fund for the acquisition, const-tuction,
improvement ,or financing of the Enterprise.
Any balance, remai-i- I gJIf the 1959Water System Acquisition and
Construction Fund After completion Of the acquisition,, construction,
improvement ,and financing. of: the EI terprise, shall be deemed to be
Revenues of the Enterprise -and shall be paid over to. and deposited by
the Treasurer -with,'the Fiscal .Agent, and shall be, deposited.,, by the
Fiscal Agent ;in the Revenue Fund provided for in Section '9,(b_) hereof
and shall be used f6rl:any purpose or purposes thereofyolating to the
Enterprise.
-All moneys hpi(i.bythe*Tre.asur.erin'the II959Water `System Re
placement and Repai:Reserve Fund andinthe 1959 Water System
' Fund. shall"be held in fimebr :demand
-Acquisition and Construction un
-deposits in anybank .or trust company authorized toaccept deposits,
-L �su& obligations
of piiblic funds and. shall be secured at R.11 times by
I
and to: the fullest extent required, by law - and shall not be invested,
except that any moneys in either of said .Funds 'not immediately re-
quired'to be expended may be invested by the Oity,in direct negotiable
obligations of :theUnited States of America or in, negofiable..pbligafion s
fully apt _-dL nd interost.by-the United States
guaranteed A__
of America which I) in the caseof obligatiojis'purchasod from moneys
'in the 1959Water System Replacement and Repair Reserv&Fund,
mature not more than 12 years from the date of purchase by theCity,
or, (2) , inAhe case; of -obligations purchased :from ,moneys in the 1959
Water :System Acquisition and Construction. Fund; - Mature prior to the
date on, which the Treasurer ,estimates that such moneys will be re-
:qpired, for expenditur.e'by the City e .y and in, any; event not more .than 3
yea rs from th6.dateof jmircha-se* by the City. -All interest, and profit
received by -the City on any -mon I eys so invested. shall be deposited in
-and - for the purposes of said respective Funds.
j
SECTION S.. Security O".f Bonds. (a) The Bonds and Additional
Bond's shall be revenue :bonds, phyable-eXclusively from the; It6venues
i�- the*. Enterprise' this Resolution provided, 'a -AA "Ait6,' -not * to -,N�
'secure.4 by the taxing power of -the City..No recourse, shall he had, -for
1
19.
the payment of any such Bonds or Additional Bonds, or interest
thereon, or any part thereof, against the -general, fund .of the .City, .nor
shall the credit or taxing. power. of the. City be. eleemed to be pledged
thereto, and the holder-snof all• such Bonds or Additional Bonds, or'the
coupons; thereto apperta.inin,b; shall never have the; -right to compel the
exercise of the taxing power V the City or the forfeiture of ,any prop'
erty of the City. The principal of and interest on all such ;Bonds and
Additional Bonds and ;any premiums, upon the redemption of any
thereof shall .not be, a debt of the. City nor a legal or equitable pledge,,
charge, lien, or encumbrance upon any property of the City, or upon any
income, receipts_ or `revenAes; Of_'the City .except the Revenues'of .the`
Enterprise pledged .to the payment thereof as in tl is' Resolution pro-
vided.
(b) The Bonds hereby authorized to be issued and all. Additional
Bonds which maybe issued in. accordance with the, terms and conditions
hereof :shall be special obligations .of the City and shall be secured by
a .pledge of and •shall be ;a charge upon, and shall_ be payable, as to,
principal thereof; interest thereon and any premiums upon the redemp-,
t on of any thereof, solely.•:from and secured by a lien, upon -the Gross
Revenues of the Enterprise as hereinafter provided. Tlie, City'hereby
• pledges and assigns for the security of all of, such Bonds all of the Gross
Revenues of the,.Enterprse, including the, Revenues, .of improvements,
additions and extensions thereto which may hereafter be constructed
Or acquired. 'The sums :re;ClureCd: t0 meet the payment, of interest; on
and ;principal of all such Bonds ;and any premiums -upon ,the redemption
of any thereof ,shall be secured by an exclusive pl`edge,.'charge and lien
upon all of the. Gross Revenues of the Enterprise and, all of such Reve-
nues; together with any interest earned thereon, and the funds herein-
after, provided for in Section 9 hereof and any .other funds that may
'hereafter be created from said:Revenues for the payment of 'principal .
or interest or the •better securing of the payment of principal of or
interest on such Bonds, shall, constitute: a trust; fund for the security
and payment of the -interest on and principal of all .of such .Bonds aiA
except as, otherwise. specifically :authorized by -this Resolution, shall not
be used for any other -.purpose; so long.as such Bonds or any.of them or
the interest thereon are outstanding or unpaid; except that out of such
Revenues there may be apportioned; so long qsj e 'interest: on and
principal of all, of si cli Bonds are paid as the -same,' became, ,due.'.- and
payable; together- witfi all other charges required for..the protection or
�i'6ft6f'securing of such Bonds, such sums for,s-a&,Purposes and -'in the
..order of priority as, are .authorized ,And provided for in ,Sections 0(g)
and (h)hereof.
(c) All of, the Bondshereby authorized to be issued and all Addi-
tional Bonds which,may be issued in accordance With- the, terms and
conditions equally n
o litiops hereof shall be, eq secured (except as, to maturity and
rede .Mpti6n provisions,,and except insbfar -as-any:§inking fund or' funds
established in_ accordance, with the ,provisions of thisResolution may
afford' additi6nal,'sec-dritylo'r any.,series Wo Bonds; of fo-vanyAdditional
:Bonds).,., without priority for nuniber date of Bonds - or of: Additional
B'64&, of sale, of execution or of delivery, by said pledge, charge and
lie"n, upon the Revenues of the Enteip rise pursuant to the Law and this
Res-oldtion. Said .pledge; charge ;and` lien- shall be prior and paramount
to Any and all other claim's and obligations that inAy arise, or be
incurr-
�ed..against- said Revenues.
SEcT-iox 9. Rev_ g'$ zMd: Funds. For the purpose of making,
_
effective the, lien .of the Bonds and Additional Bonds! provided for in
Section.8 hereof, the City; covenants and agrees with the holders of the!
Bonds and Additional 'Bonds as provided in this,!Section:9.
(a) CO-Ileckiw of Charges.. All fees, tolls,, rates- and other charges
in, respect of the Enterprise lshall be collected by the, City upon monthly,
bi7 have in effect at
p6ifthly sl�d
or quafterly: bills,therefor. The City -11%
all' times while any .of the Bonds or Ad - ditio.n1al Bon& -,are outstanding
an-6rdinan-ceproviding for such fees, tolls, -rates; and other charges, for
the biltingtherepf, for RA" date and .a delinquency -date: for each bill,
and f or'discontinuance of water service within.a reasonable period (not
in'excess excess of 90 days) after such.delinquen,eydate.
�(b) 1959 Water, Revenue Fiund. All of. the 'Gross Revenues of
fhe Enterprise, including all' fees, -tolls, rafes -and. :other chArges and,
.46,11 other revenues, income and profits of any kind- howsoever -derived
,Enterprise
from, the, - (except connection charges and -refundable .depos-
ffS7 M
ade to establish.credit),,together with an-y'interest earned thereon,
shall,, on the first business day of I each month next succeeding the calen-
ldat month in which such. . Revehtes..have been collected, beginnhig,with
the Revenues, collected in -the- month during which the` Series A Bonds
shall be 'delivered to the, puichaser there -of and. paid for, be deposited
by 'the Treasurer -with- the, Fiscal Agent and shall be deposited by the
Fiscal A ent.,in, as the "11959 Water,v -9
Revenue Puil&(herein :c6lled- the ``Revenue Fui &')-� which said fund
1
1
21
the City hereby covenants and agrees to cause to be 6tablished and.
,maintained and, which shall be held 'in trust b),,the Fiscal c_ I Agent.
(c) Deposit of Revenues. All moneys .in th6:Re'venue Fund. shall
be. set asi6�and deposited by the Fiscal Agent inihe following-, order
of priority in the following respective special fmidgi, each of which the
City hereby covenants and agrees to cause to -be established' and main-
tained, and ahall be, .Mld,in trust by the Fiscal Agent in such funds
(except -the Maintenance, and Operation Fund and the. Surplus Fund,,
which iitetp'be, -held in, the City Treasury; as hereinafter -provided.)and
shall be applied, -used and withdrawn only for the purp9ses'hereinafter
authorized,
(d) 1959 Fiwd. The Fiscal'Agent, Water.Reveiwe Bond Interest�
'shall set aside- out of the Rev6nub. Fund, in the 1959. Water Revenue
i3ond,14iterest. Fund, (which is hereby created and is herein called the
"Interest Fund") (the initial payment into which, is- provided in See-'
tion , 7 (a) hereof)in approximately equal monthly insiallments,,on or
before the fifth business daY Hof each month; beginning in November
1959; oneAenth.of` the aggregate amount of interest, beo *in]-
ng due and
payable, on all outstanding R'04dsi on September I, 1,9601,until the aggre�,
gate amount of. such interest is on deposit in such Fund, and `beginning
in September.,, 1960, an Amount equal to one -sixth of th6,aggregate -half-,
yearly amount
ount of the .interest 'becoming due and payable on 611 out-
standing Ron& And Additional Bonds, during the next :ensuing six
months until_ the requisite halfyearly amount of interest on all of the
outstanding Bonds and Additional, Bonds1s, on deposit in such Fund.
No payment need be. into the InterestFundif -the amount con-
tamed therein is at least equal to the,interest to, be,Ooafe due on, the next
succeeding in- erest,pdy mMt dateor d6t,es;, op:all 'of the Bonds and Addi-
tional n.the h
tional Bonds then ' outst4ndihAnioneys1Interest Fund
1�e used and withdrawng�
by,the Fiscal Agent `solely for .the purpose of
paying, the intereston'tlie,.Bonds and Add.ition-alBond' s as it shall be-
come 'due and payable (inclu'-diiO: accrued interest on, any Bonds or
Additional Bonds pnr6hased or called. and -redeemed prior to, maturity
pursuant -to this; Resolution).
(e) . 1959: Water Revenue B,6,h,d Relirewnt,Tm�4. The Fiscal
Agent: shall set aside out of thel Revenue Fund `in the-'1959'Water Reve-
nue Bond Retirement- Fund (which
hich is hereby created and. is herein
called" the "Retirement Fund!?) in ap equal monthly proximately., eq in-.
month ,'beginning
stailment§, on or bef ore'the. fifth business day of eikel'�'
/e'l,1—). _,11.) .
1
1
9 ,
22
in ° September; .1960; an amount equal to one. -eleventh of .the aggregate
yearly .amount :of principal due ;aid payable_ on all outstanding Serial
Bonds and Additional, Bonds during the next,ensiling twelve..months
until there shall, be'acc%uiiulated, in the. Retirement Fund. on, or before,
each -current maturity, date' of all such Serial Bonds, an -amount snffi-
K.
cierit to pay the, jrincipal amount of all such Serial Bonds maturing by
-.their terns on such current, maturity date., No -paymekl need be ihade
into the,Reti.rement'FundisoJong -as th'er�e.shall bein said-Fundmone3Ts
sufficient to pay the pr.ihdipal,off.all-.such Serial Bonds then outstanding
maturing by their terms 'in the nest `ensiling .twelve months. All such -
mone-ys .in the Retirement Fund shall be 'used ,and withdrawn by the
Fiscal. Agent solely for the purpose of haying the princii�a1 of:all such
Serial Bonds- and Additional `Ponds then outstanding as they shall
'become due and payable: '
Solong;-as any of fhe Series A Bonds are ou'tstandin; the Fiscal
Agent shallJset aside::out of>`the:Revenue'Fund';and'depos t in,tlie Series
A Sinking Fund Account (`.-hiah is hereby'.crea.ted) within the Eietire-
-,ment Fund, on.:or before the fifth_ business day of each month; beginning
:in ,September, 1977, an ;afrno.unt equal to not less than one2eleventh' of
the amount -required to, redeem Series A Term Bonds (at 'the then ;ap-.
pli.cable `r;,edeniptien, price, inclilcli'ng premium but excludin#; accrued
interest)-iii the follciwing respective principal amounts on. September'
1 in, each of the follow rig, years`: „
Principal' Amount' Principal Amount"
of;Series A Term Bonds ot,Series,A Term Bonds
Year'Ending to Be Galled Year'Ending io Be Called.,
September V and Redeemed September; t, end`Redeeme.d .
1978 $ '75,000 1986 $,110,0.60
1979 80,000 1987 115,'000.
1980. 85,090., 1988 120;000
1981 85;000, 1989 125,000
1982 ',90:000 1990 130,000
-, 1983 95;OQ0 . 1991. 13.5,000
11984 160,000 1992, 145;000
1,985 165,090 1993 150;000
1994 155;000
All moneys in the; 'Seiies A Sinking Fund Account on or, after the
fi"fth business day- of Septeiilber; 1977, shall be used and applied -by -the
Fiscal Agent°for the purpose of retiring: -Series -A Term Bonds. -The
Fiscal -Agent may apply, -any moneys. in the Series. A Sinitng=Fund Act
23.
count to. the purchase of Series: A Term fonds at public -or private sale.
as and when and at such prices, (excluding :aecrued interest) as it may
in its discretion ,determine; but knot to exceed the then current redemp-
tion price (including premium but excluding accrued interest'). When -
:ever on the fifth business day of any January or July; beginning in
January, 1978, the; moI.neys in the Series,.A Sinking Fund Account are
sufficient to 'redeem at Yeast $5,000 principal amount of .Series A .Term
Bonds, on the next succeeding. interest payment date; the :same shall be
used and withdrawn by the Fiscal Agent -for -the, purpose of, -so redeem-
ing. Series A Term Bonds- at the then current redemption price (in-,
eluding premium but ,excluding accrued interest).:. Accrued :interest on
Series A Term Bond's; so °purchased or redeemed, by the Fiscal Agent
..shall be paid from ,the Interest Fund. r
(f,) 1'959 Water Revenue Bond Reserve Fund. The Fiscal Agent
shall set aside out of'the RevenueYund in the 1959 Water Revenue _Bond
Reserve Fund (whichis'hereby created and is herein called the "'Re-
serve Fund") ('the -initial payment into which is .provided -for in 'Sec-
tion 7(b) hereof) on or 'before the fifth business' day of ,each month
beginning no later than November; '1959,. all -moneys that shall be re-
quired to maintain the :Reserve Fund in the ;full, amount -'of $150,000
while any Series A Bonds shall be . outstanding and unpaid. If any
Bonds of any subsequent series or, any Additional Bonds,shallbe'issued
hereunder," minimum. ;amount required to be inaintained .in the Re-
se`rve Fund shall be ,the amount specified. in the proceedings: for the
issuance of such Bonds of such subsequent series or such Additional
Bonds, but 'not less than $150,000, while any Series: A Bonds;,are .out-
standing hereunder. No payment. need be made` into the Reserve Fund
so long as there shall he in the Reserve Fund a 'sum. equal, to said re-
quired a:inount or, when and if the' amounts contained therein and also
in the -Interest Fund Viand in the Retireinent Fund pro��ided for in Sec-
tions 9 (d.) and (e) hereof ` are :at least equal to the,. aggregate principal
amount of, together with 'interest then due or thereafter to become due
on, all of ' the Bonds and Additional Bonds alien outstanding. All moneys .
in th'e.Reserve Fund shall .be used and withdrawn solely.for the,purpose .
of paying ..the principal of and interest on the Bonds- and Additional
Bonds in the event that no other :fiends of the City are, available there-.
for;' or 'for the retirement; of ,all of the Bonds and ,Additional Bonds,,
-then. outstanding.
24
(g), Wdte.r. Maintenance and Operation Fund. - The Fiscal Agent.
shall set aside 'monthly out of the, Revenue, Fund' and transfe'r, to the
Treasurer for, depo'qit in the. Water, Main'tenande and Operation. Fund
(which is he.r6b y. created, and .is -herel, n- called - the "Maintenance and
:Operation Fund,?') all moneys in the Revenue. Fund which shall be
'required . to pay the: annual amount budgeted by :the City for mainte-
paAce and operation, costs of the Enterprise during the then . current
�fiscal year. Said _m6n'ei7,s so transferred and, deposited ,shall' be in addi-
tion, -to.fhe -sum of 05,000 to be initially deposited in the Maintenance
and .Operation Fund,"Iftom,the proceeds of sale of the Series A Bonds
as prow ided'in, Section 7(c) 'hereof:. -
The City - shall . file with- the 'Fiscal Agent 'a budget covering, the
estimated -maintenance 'and operation costs of 'the Enterprise for the
period .commencing wi W the; date of acquisition of the Enterprise by,
the 'City and, ending, June 30., 1960,, together. -.with a certificate of the
Treasurer as to, the -date of such acqui s- itlion. It he: City shall also: Me
with "the Fiscal,. Agent.before: the first day of, each Fiscal Year, com-
mencing with the, Fiscal Year beginning July 1, 1960, a budget covering
the estimated .maintenance apd,operation -costs- of. the Enterprise for
the next ensuffig. Fiscal Yea-t,
The ,Fiscal Agent shall determine upon the basis, ofeach such
budg
et the amounts . of. 'money to.be transferred to, the Maintenance
and Operation Fund. The Fiscal, Agent shah 'be entitled to rely upon
each such -budge;ltand shall'not, be requiredio determine, or verify the,
`accuracy thereof;. The Fiscal Agent shall pay to, the Treasurer for the
account 0 the- Ma.mifenancer and Operation Fund, on the basis of said,
first:_Ibudget, the,ainount required for maintenance and .operation costs,
during said period. ending June'..30 '1960 in nine.Appy'O)dmately equal,
monthly' On the fifth business
.ss day of-eachmonth, eom-
mencin . 'in October, 1959. The Fiscal Agenfshalljpay. to the Treasurer
of the. 'City on. the fifth, business day of',each, month, beginning in the
month of"July, 1960, an Amount equal to one -eleventh of- said amount,
budgeted by the City, fornaintenaifee, and operation costs- of the Enter�.
prise for such Current '.Fiscal Year, until there, shall have been,.paid over
r to the. Treasurer for the,acco-unt of the Maintenance and Operation
Fund,,an'Amount equal :to the total of said `budgeted amount for said
current is Fiscal:.. Nifffi Year, :including �y sum. required to -maintain a revolt' -'
ing balance, of not less than �$10;1000 therein. All money's in the Ma'int.e'
2s
.nance" and Operation Fund shall be used to pay necessary and reason-
able °operation and xiiantenan_ce costs of the Enterprise.
(h) Water Revenue Bond Surplus R"eveiwe .Fund: - All moneys
remaining in the. Revenue Fund on the fifth" business .day .of each
month, after setting aside; and transferring all'of the sums required
to be set aside. or transferred by the `Fiscal Agent by he'provisi�ons of
Sections 9('d), ,(e.),; ,(f) 'and ,("g) hereof, shall, be transferred `by the
Fiscal Agent to the, Treasurer for deposit in the Water Revenue Bond
Surplus Revenue Fund.--(which,is hereby created and, is herein called
the "Surplus Fund"). All moneys in the Surplus Fund shall be used
and withdrawn by the. Treasurer as directed by a ;resolution :of the
Council, for any or all of 'the foll_owing"purposes, exclusively:
(1) To pay maintenance and operation costs of the.Enterprise
:for the enrreot Fiscal Year for which no adequate budgeted. amount
was provided by the City
(2) To p4y„the „costs of. extensions or improvements of or
additions or betterments to the :Enterprise or, of making new
consumer connections! to the Enterprise,;
(3) To be re -deposited with Fiseal.Agent:and Odeposited
by the Fiscal Agent in the Series A, Sirihino Fund: Account. or ixi
any sirikin fund account or- accounts hereafter created by.resolu-
tion. of the Council .for ithe Term, Bonds of any other series or for
any Additional Bonds which are Term Bonds and used and with-
drawn by- the Fiscal Agent solely for the purpose of' purchasing
or calling,;and redeeming the Bonds or Additional Bonds for which
such sinking fund account shall have been created;.-Dur.suant to; the
provisions hereof or of such resolution ; (ii) used and withdrawn
by, the Fise'al.Agent :for the purpose of purchasing Bonds or Addi_.
tionat Bonds at ;public:. -or private sale, as and, when .and_ at such
prices (includingbrokerage, and. other charges, bilt{excluding ac-
cruel interest): as._it may in its discretion determine; but not to
exceed the. par value, thereof, or, in the case of Bonds or Addi-
iional Bonds which .by their, terms are subject to •call and redemp
tion,..the highest _r.edeniption price (excluding accrued interest) or
-the then current ,redemption price (excludingaccrued interest),
valicliever is lover.; .(ii) `used and withdrawn by the Fiscal Agent
on and after September 1, 1970 for --the purpose of calling and
redeeming Series, A Bonds pursuant to the provisions of S:ection.3.
hereof' -,;or (iv): used and withdrawn by the Fiscal; Agent for the
1
26'
purpose of calling: and ;redeeming Bonds of any .other .series or
-Additional Bonds, pursuant to the. provisions of the resolution
authorizing the same; or
(4) For any -lawful purpose of. the City, 'including without.
limiting, -the.:generality of the foregoing; :all moneys required to
maintain" the _1959 Water,:Systeni Replacement and Repair Reserve
Fund" (created by Section 7(:d), .hereof) in :the full "amount. of
$25,000, and all moneys required; to be paid, by the City at any time
in order to, satisfy the- obligations created by- refund. agreements
executed by California Water Service Company which, have been
(or'will, upon the date of acquisition by the".City of the properties
of California Water Service Company, be) assumed by the City
and all ob'ligations created by. water main, extension .refund agree-
ments hereafter executed by the City.
(i) -The -Fiscal Agent shall not permit any withdrawal to be made
by .the. "City of any, moneys_' held by the: Fiscal -Agent if 'and wh"en; to
the'linowledge of' the `Fiscal Agent, the City is 'in default hereunder.
:The City shall not ,permit .the withdrawal to be: made by the Treasurer
of ;any moneys `he .d by the Treasurer in the, -Mai ntenance and Operation
-Fund or. the Surplus 'Fund if' and when the City is in default here-
un_der.
(j)_Alf moneys held 'by they Fiscal Agent and' allocated by the
= Fiscal Agent"to any of, the, funds, other than the Reserve Fund, shall be
held in time :or 'demand deposits; and- shall be .secured .at all times by
-- such obli'gatians and. to ,the `fullest extent required by, law and ,shall
;not be_ invested; except that ouch moneys held by° the Fiscal Agent
may, `upon written instructions from the City' be -invested- in direct
negotiable obligatons,of the United States -of America or in negotiable
,Obligations 'fully, guaranteed; as to both principal and interest by the
United... States of America. maturing prior to the date on which such
`moneys .are required, to be paid out by _the Fiscal Agent-hereunder.
Moneys allocated rto the, Reserve. Fund shall be held- in dine or demand
,deposits ,secured as above referred to, except that,:upon,written instruc- _
tions' -from; .t-he ,City, the Fiscal Agent shall invest any or. all of the
moneys in the Reserve. Fund, not then required to be applied to the,
redemption of Bonds for Additional Bonds, indirect negotiable .obliga-
tions; of the United States of America ;or in negotiable; obligations fully,
guaranteed• as to both principal `and" interest ;by the United States, of.
1
27'
America maturtin'g-, notmore: thAn'tWelve years.. from the, date of PUr-
chase by the Fiscal, Agent. 'For ffie-pirpoge of . determining the Amount
of'money in. the Re serv-6 Fund, all, investments of,hf6n6Y$ ther'ein shall
be -valued: at -their current market valtles as of the. ne'xt',prboedi g Feb-
-v 28 or August 31. All interest, received b heFi'ca'1-,A entonany
.ruar
: Y t)
.moneys so invested shall be deposited by, it in and for thie. purposes of
the.,Relvenue Fund.
SECTION'.10. Covenants, of the City. In order that the payment
of the Bonds and in-te'resf.thereon shall be adequately ecured, the City
covenants and agrees with theholdersthe .'Bbiids,,4s' -follows":,
,
(a) The:City wiltpay or,�c-guse to be . paid minettfally the principal
of every Bond, and theInterest, thereon, on the ,date.or-dates and at the,
-Place, or places and. `iii -the,manner mentioned in the Bonds and,in the
coupons thereto appertaining and in accordance, with this'Rosolution.
(b) The 'City Will commence, the acquisition, construction And im-
proyement ,of the 'Enterprise,, described :in said measure and continue
'the same to coriipletion-vVith-allpy-aptica-ble,dig-batdh. and inwsound.alid
economical manner;, and will operate the.-Enterprfse in an,efficient: and
economical manner and will- operate,, maintain., and preserve the 'Efiter-
pris6'in good xepdir,and working order from the Revenues available
fore such pur
poses prpos6s .as: prpAdea'herein and will prescribe, revise and
collect ,such fees, toll's, rates andother charges, in connection therewith
thdt-the.,se_rvices, facilities wand water of the Enterprise .are furnished
to .inhabitants of -the,Citv and other users -at the Rw6st-,possible cost
consistent with sound economy and prudent management and the 8e=
g r� iy an al d payment of the principal and, interest'of the -Bonds.
q. i ,
.(c) The 1.City will fik said'; fees, tolls;' rates And other charges on a
basis toyield .Revenues at least sufficient with respect tothe then im.-
mediately ensuing. twelve monilis period after making due and. reason-
able- Allowances for contingencies and errors in thet estimates;,. . to pay
each ach and all of the follo ing charge-s". in the rie'spective`priority and
,order below sptiorth, to Witv
(i) The- interest ,on and principal of. the Bonds as they become
due -and payable;(
'(fi) All, payment& required for compliance 'iii",all respects with
the terms of this Resolution, Incl-dding pwrticularjy the_
e -provisions -
of,Section 9 hereof';1
(iii) All - pay . in other obligations -y.
payments to inset: ! gatio 8� of the Cit
which.,,,axe i charges, -liens. or'.enciinibranc6s- U-po - n, or payable, from;'
flit l Reve'nues- of the Enterprise; and.
'(iv-);� A_11;current exppns,6 of management; maintenance, oper,
ation and,re-pairof the'Eliterprise;
provided that such, tolls, rates,aridother charges ,shall ,at"all times
be at least sqffici6ht to.enable the City to pay to fhe,.Fiscal, Agent in
the next succeeding twelve=month period Annual' Net Revenues equal'to
at least 1.30-times the aggregate amount Of the principal. of -,and interest
on the Bonds and minimum. sinking fund payments,(if an hi6h shall
w_
become dueand payable. 'within, said next. succeeding twelve-month
period, plus, payments required to: be made ade into the, Reserve'Fund dur-
Ing, said next succeeding tweIve-month. period.,
(d) The City Will - preserve and pr6tec , t the, security of'the_B6nds
and the, rights of the, holders thereof, atd.vAll, warrant and defend
Such
rigl[iis, against, all claims ,,and ,demands, of Alt persons. From and -after
-the sale. and!, delivery ,of -'any of the •Boi:ids'by_.,i the City, -the13onAs, -and'
-qQllpons,app'6itaiiiing,thereto shall be incontestable: by the'City.
(6) The City will pay, and discharge, or cause to be paid or,dis-
Aarged,, any and -all lawful 'cla'im& for ',labor,' materials, and, supp
lies,
�plies,
which if unpaid might1plaw become a1i.en or.6harge uvpntthe Revenues
funds :in the,
-part 6 said R . f ii-
offlie,Entetpris*e or any Revenues, or any
hands of the Fiscal Azent-or,the Treasurer, prior to or superior to the
Reii of -the Bonds, or, which might impair security of,the 'Bonds, to
the -end that the, priority and security of the Bonds' shall be fully
T pre-
served- and protected.
(f)_ The City Will collect and Bold,in-trust, the Revenues. or other
funds; -pledged :to th e payment of ent f theprincipal of and intei�est on, the
Bonas'I or ilie, benefit- of t'he.holdets,of it -he Bonds and, Will pay the same
over -to the Fiscal Agent- as herein provided and will apply 'such'Reve-
nueslorrotherlunds, only asprb V-1ded by this'Res.olution, .or, if: this Reso-
-
-lotion shall hereafter be modified in the manner provid6d herein, only
as�b.rovi&d inthisResolution as modified.
(g) The City will'.keep p.rioper.books of record and --accounts, of the;
Enterprise (separate from all other, records and-accounfs of the City)
':in Which complete and, correct entries shallbe made of, all transactions
relating, to the Enterprise, or any part -they-66f, and which,logether with
other &dll at a Itime& durina'business
y s -kallbooks ..and records of the Cit
hours'besubject, to the ifw t" g Aeint,aftd (ii) 'the-,
pec ion of, (i) the Y
holder
. or' "h'o'lld.6"'*r"9*'o'f'--'not 'less than 107, of;a& .0i f - the incipal amount o
29
Bonds then outstanding; or his, or their representatives duly authorized
in. Writing..
(h) The City"will prepare, and file with the Yiscal- Agent annually
within 60 days, after the close of,each .Fiscal Year'(6ommencilig with
the fiscal year ending Jimo a0,1960), so long as an of the Bonds are
y
oift'standing:
(1) a detailed statement: for the preceding; Fiscal Year stow-
'ing the amount of the Gross. Revenues of the, Enterprise; all dis-
bursements from such Revenues ,and all expenditures, applicable to
the Enterpriso, together with a detailed balando slieet reflecting'. the
financial condition, of'-,the;"Enterprise, including the balances in all
:funds held by the Fiscal Agent and the Treasurer as of the end.
iof such Fiscal Year,. accompanied by a certificate --,or opinion in
wfffing of an independent certified public accountant selected by
the City and satisfactory to the Fiscal Agent;
(2) a genetdl, statement showing, the schedule of rates, charged
for each class of water connections, the number of users - in 'each
separate classification ,of rates all as of the close of such Fiscal
Year, -'and the gross revenues. - received in each such. classification
of, rates during. such Fiscal. Year; and
(3) a general, statement :.Of the physical condition of the
Enterprise.
(i) The, City will Me With the .Fiscal Agent and will publish -once
annually, (,at the
- Ci
ty as: part of the, cost_. of maintenance
lexpense the ty
of i
And- operation of the Enterprise), not more than 120, days after the Close
of each Fiscal Year, in aim6Wspa , per pnblished.in- the County
of Sonoma;
State, of California 'a summary of the statement required to be prepared,
by -the City p-qrsiianti toi:Sectioja 10 (4).(1) hereof and' will furnish- toth_ e;
Fiscal Agent such reasonable ,number of copies thereof fhot exceeding
100 copies.) as may beye-qui-re'd -by the. Fiscal Agent, for distribution
to. -invbstment,. bankers,; security rs dealers and others 'interested 'in- the
Bonds and. to the :of Bonds requesting copies thereof, but'. the
6
Fiscal' Agent shalljfqt be required to incur any non-lreimblir,sable ex-
pensos in,making such distribution..
The City will:n6t�mortgage orotherwise e-Muihbdr,.pledge, or
place any. chargeup6h the Enterprise or any of the...Rpvenue.s thereof,
and will not. sell, lease ,or. otherwise!dispose' of the Enterprise :or, any
partthereof essential to its operation &necessari to the;maintenance
:7
1
1
30
of Revenues or enter 'into any lease ,.or agreement which impairs
br, impedesjhe,6pQirat_ion of the,.`Enterpri.se or any part thereof 'neces=
s6ky to secure adequate Revenues for the p of the t prine - ip*a1 ,of
payment
and interest -on, the :Bonds, or which .otherwise would impair, the rights
of -the holders of'016 Bohds,with. respect -to su6h,,-R;evenues,or the opera=.
tionof the Enterprise;; I
�ris.e�- provided, however, that�,an,y 1reaLor personal
property which las become j4onnoperative or which. is hot needed for
the: efficient,and,,prqper_ Operation Of the Enterprise, or, any material -
or :equipment which has worn-out;. ' MA ,may be gold at not, less than the.
-market, value thereof without 'the:cpnseAt of the, holders of the Bonds'
if such gale, will not reduce the Hevenues:of the,t nierpH96 and it all: of:
,the ,net Piocoe d"s of such .sale, are .de-og_Aed 1 in - the Revenue Fund and
used :for dny'purpose or purposq& thereof .relaying to the Enterp
rise.
The City will:.at all times maintain 'wi
for the benefit of thehol&e of i& Bonds,, insurance on the Enterprise,!
-which shall be -.adequate, in amount and as t- the 0 xiskst insured against""
-including insurance. against accident to or destruction of the Ente
rprise
or,,any part 1heroof, against suchy-isks, a' usually
ly insurable in conr
. I . 8
metibn with similar enterprises. ri . Ahv,p is proceeds of' any such insurance;
collected, by the City in the .event of any loss orZamage shall be, applied`
"ta-therepair or, rekobstruction"Or other,.,imp:ro 6ftiehtof 'the Ente v rprise.,
The City shall begin :such work of repair, reconstruction or, improye�
.meat promptly after' such' loss or damage shall, occur and;s . hall continue
and properly complete.-iheoame as; expeditiously as possible. The, City.
shall cause to:�,ibe paid out off the proceeds, of such, insurance and from
any other :available funds, all cost
s and expenses in _connection; with,
`61i re ion, or improvement �so, that, the
Su, pair, rpconstrddt'- t same shall be
completed Enterprise; om leted, and .the Enterpi se: shall -all. be free and clear of all -liens and
claims. If the; proceeds received by 'reason of 'I y such loss shalle'x-6eed
son An
the cost of such rep61r, reco
nstruction_ or improvement, the excess
shall, be, dep-ogiied by the; City
ty with the FisaAl Agent in the Revenue
Fund and shall be used for ,any purpose or `purposes thereofthereofrelating.g,
.,-to the Enterprise. The, City will also- carry for the benefit 'd: thei bond-'
holders -fidelity insurance'With respect -t6 all -City officers arid_ employees
who. respectively'reeeive*, collect, or have in their care, or -custody,, any
Revenues or funds of the Ehierprise, such insurance; to `be in an am ount
:'6r amounts at least equal in the aggregate -to -the ma3d mium amount of,
such%Revenu6s,vr funds at any one time in the i%ie or custody of, all -
such officers or,employl'e_es;`'
a
31,
(l) The City will pay ;and discharge or cause to -be paid and- dis-
charged. all taxes -.and, assessments .and, other gpvernmental charges
which may her-eafter-be lawfully.imposed'upon the; Enterprise or 'upon
any�part thereof' or upon airy Revenues therefrom, when the same shall
become .due; and the !City will duly observe and conform to all valid
requirements:of any, governmental authority'relative to .the Enterprise
or any part thereof.
(m) The City will :have in effect ;at all times an ordinance of the
City re uiring the owner- of :any premises located within or without the
_q � .
limits .of the City and connected with the Enterprise to pay the fees,
td rges aplicable: to such connection, and-forolls,
water furnished by the Enterpri'se.,
(n) The. City will not acquire, construct, .operate or maintain, and
Will not within the :scope of its powers permit any oiherpublic or private
corporation, political subdivision, district or agency or. any pe"r,.son what-
so,ever to, acquire, construct, operate or maintain; within the City or "any
part thereof, any system :or utility competitive with the Enterprise:
('o) The City will :not permit any. part ,of -the Enterprise; or any
facility thereofI: or any water furnished thereby, to the used or taken
advantage, of'; free of charge' by any, person, `.firm or corporation, or
by :any public agency (including the State of California, the. United
States of America, or any public -corporation, political subdivision, city,
county,' �disfHd or agency ,,of any ,thereof, and the City or any agency
of, the City) .
None(,_of the .foregoing covenants; agreements; :or� duties 'shall be
construed to .reduire the e� penditure in, any manner, or, for any purpose
by the City .of`:any funds other than Revenues received. or receivable
from the Enterprise;
SECTION 11: Additiondl B'o.nas. The City covenants and agrees
with the Holders, of the. Bonds that Bonds of any :series, in addition to
the'.'S'eries A Bonds may he issued and sold.by, the. City `only subject to
and upon compliaice:.by the City with the conditions set forth in ,the
following paragraphs, '(:a');; (c'); (d)` -and (e) and then 'only on .or after ;
September 11 1964' but 'not prior thereto,), and that Additional Bonds
_Having a lien upon and payable .from the Revenues of the Enterprise..
(including all Revenues from any extensions, additions or, betterments
thereto) may be issued `upont a parity with the Bonds' iss ed'liereunder,
but, only on -or :after_'SAe Jtembe, L 1,1960 ,(but not.prior-thereto),and only,
for the .,purpose of irrthrovinp" the Enterprise or, 'for .tlie purpose of
V C7
T
32
acquiring, constructing or ,improving extensions., additions or, better,
men -the. erp� se:or for purpose of, refunding any outstand-
ts to Ent' i
i Bo' ds or f or �a,n�y combination of, sg�,b purposes;
ng, n poses; iand,only subject to
and upon complihnc& by the `C_Ity with the -conditions set. foAlf in the
following paragraphs (A); (b)', (o);, (d) :and- (6)
(a) The City shall not at.the .0 e of the issue a_sueh Bonds -or
Additional Bonds be in default horeunder-.
(b) The issuance': of the, Additional Bonds shall have 'been duly
authorized at anole6tton pursuant to the Law
(c) The issuance. of -the; Bonds .or Additional Bonds lghalf,,be pro-
vided for by a resolution duly -adopted by'lhe Coun6il,;, ffie,fast,! niaturitv
date of the Bonds.or"A'ddifional -Bonds shall not be earlier, than the last
maturity date of any' .Bonds then outsta]lding,;.isu6h'Bonds -.Q,r- Addi-
Konal.Bpnds shall. mature on September I and 'fixed :serial, matuffties
or mandatory minimum, sinking u
in 'ifd payments; or, any,combination
*
thereof,: shall be: established ;in amounts s ffi i- nt io f r
U Cie. . -..p:tbvi,d o 'the,
P aph6nt and retirement of All such Bonds of Additional Bonds onor
before ; their respective mftturit)T&tes; an-
. - the Reserve Fund -.shall be,
_d
.increased- to a,rmnimum -amount equal' to the Affaximam: Annual Debt,,
j
the. issuance of such Bonds: or rAdditional"
.8-ervice in any year'after i ch Bon
Bonds and' shall -"thereafter- be -maintained in an .amount equal at any
;time while any of the Bonds orAdditional 'Bonds are outstanding to
im
not- loss than the Maximum, Anniial -Debt Service thereafter to become
due dud,payabje:; and
-Enter ,
(0) The actual Annual Net Revenues of` the prise"for the
12' months ending th6 calendar month, next preceding, the date of 'ajop -
tion. . by the Counc.11, of :a resolution Aufligrizing, -*the, issuance of such,
Bonds or Additional Roifds asl�showii by an audit certificate oor'opinion .
of an .independent cerfified, b-Liblic, accountAdit, employed by the City and
satisfactory -of the additional Annual
the Fiscal Agent, o,
_ to plus 757
Net ;Revenues (overand above said amount- of said actual Annual NeA,
Revenues, for. said .preceding 12 months? period), estimated to be* pror,
:auced- b;y, the Enterprise in, an '12months' ,p-erioId out-, of the.,2,4 months
next :succeeding the; -d6te;-.o'n which. such, Bonds .or.Additional Mfids will,
ill
fti becoe:�outsta-nding', as' shown by a certificate or opinion of a qualified
independent engineer employed, by the City, - And satisfactory to ,the Pis-,
cal Agent shall have,'produced a sum equal -to afleast, 30 times
(i) Thea inter -
%average, annual amount of the principal of a..
the BTo-4id's and'Additional N6116 'fh6n. outstanding * _hefe=`
6s on,
i
33
under. pay"„able during,the then current fiscal. year and in=each fiscal
year thereafter so long as any, of such Bonds and, Maitional_Bonds
issued'hereunder 'are. by ;thei.r terms; outstanding, computed. on the
assumption `tliat,_all of sucli'B'onds and Additional Bonds .then out-
standing are- being retired on the basis of approximately equal-
annual- principal. and interest payments during.. the ,period �of their
fixed., maturity dates calcixfated iin ;accordance. with standard �an-
nuity tables.; plus
(ii) ' The average annual amount of principal and interest on
.the Bonds --or Additional" Bonds proposed to. be:issued`'payable dur-
ing each, fiscal :year so long as zany of such Bonds or Additional
Bonds' shall by, their ~terms be o,utstanding,, computed on the as-
klmptioh,,,that: all' .of such Bondst or Additional Bonds will be -re-
tired on the basis of: ,approximately :equal, annual principal and
interest payments-du-r--ing the period of their-fixed,'maturity dates
calculated in :accordance ivit s_tandar:,d. annuity tables and frith
interest estimated at -not less than'the'average interes;t.rate on all
Bonds and Additional Bonds then --outstanding hereunder:
In the event and to the 'oderit that Additional `Bonds -are .to be
issued solely for the purpose of refunding and, retiring any Bonds or
Additional Bonds alien- outstanding he
then, for the,` purpose of
'.the, calculation req� nired under the, preceding; clause (ii ), the average an -
a,
nual amount of principal'of and.-Ji terest. on -such Additional; Bonds pro=:
posed to .be issued''need be. taken .'into-cohsideratio n.only in:.any future
year- in which i`any. of the: Bonds or"Add:itional Bonds issued hereunder.
will' alsa,be oAtstandin—after•the issuance of suc$,Addi:t onal Bonds,;
provided that;; noahing 'in this Resolution contained -;shall limit or r.e-
strict, the issuance of. any .Additional Bonds ;if after the 'issuance and
:delivery of :such.Additional Bonds (whether for tefunding, purposes or
otherwise) -none. of: the, Bonds authorized hereunder will be outstanding.
(e) All of the provisions 'of Secti.on,10 and 'of Sections 12 -to 18,
both inclusive; hereof shall be applicable to -such Bonds or Additional.
Bonds,, wh"ich ,shall be issued,,subibct to the provisions and limitation&
of sai§ions and entitled _to the beiiefi't and security thereof,, and: the..
t6fi "Bonds"'as, used°in sai§ions shall mean and include.Additional
Bonds.
.-
SEc?r oN' 1-a F irtl er :Assurances. -:'The `City -will ffom, time;. to,;
tiin'e adopt; ,such further, ;resolutions and make, execute, deliver and
34
record' such- further .instruments and ass*urances. as may now or here-
after -be authorized'by law, or as -may reasonably :be required to.comply
with the terms and provisions of this Resolution. in- order 'to assure to
-
the holders of the Bonds the rights- and benefits herein provided for
them.,
_
SECTION' 13., Eminent Domain Pro'ceediiigs. If' all or any part of
the, Miterpri'se shall be 'taken- by eminent domain. proceedings or other
proceedings j authorized by law, the net proceeds realized- by the City
therefrom= shall be .d'eposited. by -the City with the Fiscal Agent; in a
special fund, in trust for the exclusive benefit of the holders of the
Bonds then outstanding :and- subject to the following conditions
(a) If such fund''s are:suffi6ien:'t to provid& for the payment -of the
entire -amount of principal: due or to become due upon all of the Bonds,,
together- with the interest thereon from the date of -receipt of such
proceeds tothe maturity date of the -Bonds; ;tlien..such money shall be,
applied by the .Fiscal. Agent to the 'payment; of; -the principal of and
interest on all of`the Bonds..
(b) If such proceed_§ are insuffieien't.to proyidemoneys for the pur.-.
poses in subparagraph (,a) of this 'Section 13 provided, then the Game
shall -be deposited -by the City with the Fiscal Agent in a ,special`fund
in trust for, the benefit of the Holders of all the Bonds then outstanding,
-wlio shall be entitled to, share in such .proceeds equally, and ratably in
the ,proportion wliich th_e. ,principal amount of Bonds owned-'byeach
-holder-beais to, the. total principal amount of •alt of the Bonds then out-
standing, without preference,or priority of 11 v one Bond, over any other
Bond, and irrespective of :.any registration of such, Bond for izon-
payment. or otherwise as provzd'ed by law;: and- without preference' or
pri6iity,of,any Bond registered as to both-pr-incipaT�and-interest in, he
name of the registered owner -over Any Bond payable to,'bearer,. so that
all of the Bonds shall be, deemed under such, circumsitances to be on a
parity and entitled to,;share in ,such proceeds on the basis of absolute
"
equality:, No such pib, rata shay--ing shall impair the, right, of, the, holder
of any Bond, which ,is absolute; to :receive payment in full of the. prin-
cipal of and interest..on-Al.l.o£ the Bonds `held by him from -any source
ofyom-thereafter be availab_leirw
for such payment by "the City;.
Notwithstanding, anything;' -herein contained; if, such eminent domain
proceed iars do note substantially impair :or'.affeetAhe�Revenues of .:the
Ei)tQrprisei or. the operation:bf the Enterprise: or the ability` of the City
{
ell-
-3 5
to meet all of its obligations hereunder with respect. to the �payinent of
-the Bonds outstand-ing hereunder; and; interest thereon, all. as shown by
a certificate -"of. an independent engineer employed'by'the, City,and, sat-
isfactory to 'the Fiscal Agent- 'then the Council shall. by _resolution So
determine and declare and 'such .net proceeds realized by` the City shall
be considered to be,, and'shall be'treated as; Reyenues,.of the Enterprise.
;Such determination:, of, sucli ,faet by -the Coun_ cil, in any !such resolution
- shall be -final and conclusive.
SECTION 14: pe f atilt; .Remedies Hof Rondhold'ers. (ra) -If. one or
more.of the following,' vents (herein called " eyehts of 'default") shall.
happen, -to wit,: �.
(1) :If d-efault shall bade in the due: aii&punctiial payment
of the.principal. of,any Bond when and',as the same shall become
due and payable. whether at maturity, as `therein, expressed; by
proceedings for redemption ' by declaration, or otherwise,; .
If default4hall be made in ane due and punctual payment
of, any installment -of interest on any Bond when :and as such -
interest .installment slia_ll become -due ,and, payable, and such de-
fault Itshall have -continued for :A period of- 30 d'ays.;
(3) If default _shall bexnaAe in:the,due and punctual payment
or satisfaction, of .any annual ,sinking fund payment when,*and as
such siniting_fund. payment shall become• -due, and payable .as pro-
vided for herein or•,in'any'res•oliztion of the Council relating to any
series of .Bonds .other.than the Series A Bonds: or'any Additiona'1
Bonds, and; such :default shall -have continued for a period ,of 30
days,; ;
(4) If 'default, shall. be mad'e'by the"'City in -;the .,observance
of _any .of the covenants,, agreements or conditions on ;its part in
this 'Resolution or:, -in, any ;resolution of the Council' relating to any
series lof Bonds ,other: than the Series A Bonds or to. -any Additional
Bonds or in any Bond.contained, and such ,d'efault shall have con-
,
tinued.for a period.of 30' days,; or
(5) 'If ,the' `City :shall file a petition or answerseeking re-
organization- or larrangement under the Federal Ban'kruptcy,,Laws,
or any .`other :applicable law 'or +statute of the United States,%M
America,• or if:'a court of ,competent jurisdiction. shall,approve-:a
'Petition.,., filed with or without, the consent of the. City,, seeking re=
:organization` under th'e -Federal Bankruptcy Laws or any, other:
applicable `'law or statute of the United ;States of, Amer-ica, or if:
36
ender the provisions of any other law for. ,the relief or, .aid of ,
debtors .any court, of competent jurisdiction shalLassume custody
or control -of the, City or of the whole or any ,substantial- part of
its ' property;
then and in each and every 'such .case the, holders of not less than a,
majority in aggregate, principal amount of the Bond's :at,the time out-
standing shall be entitled, upon notice in writing to the City-, to declare
the principal- of all of the Bonds then outstanding hereunder and the
interest accruedthereon- to, be due and payable ;immediately, and upon
any such declaration the same shall become and shall be immediately
•due and payable; ariything;in this; Resolution or in the Bonds contained
to the contrary notwithstanding.
All' of the Gross Revenues, of the :Enterprise, including all sums
in :all of the: Funds provided for in Section 9 hereof, and -all. sums in all
,of the Funds provided for,. in Section 7 hereof; upon the date of .the
declaration of acceleration by the. holders of the. Bonds as above pro-
vided following• any :event •of default, and all sums thereafter received
by'the City •or the -Fiscal Agent;hereunder shall be applied by -the Fiscal `
Agent. in 'thei, order following. upon -presentation of the several Bonds
and coupoiis,Yuand, the stamping, thereon of the ,payment. if only partially
paid, or upon.the' surrender thereof if `fully paid'.:
First, to'the payment of the. costs and expenses of the, bondholders
in declaring ,such event .of: default, including reasonable compensation
to . their agents,, attorneys' and counsel-; and to the payment of the
costs ,and expenses of, the Fiscal Agent in carrying out the provisions
of this Section, including reasonable compensation to its agents, at-
torneys and counsel,;
Second, to the payment of the whole amount then owing and unpaid
upon the Bonds for. principal and interest; with interest on the overdue
principal ,and installments of interest at the rate of 6% per annum (to
the extent that such interest on overdue 'installments of interest shall
have been' collected); and in,, -case such .moneys shall be insufficient to,
pay in full the wholeVamount so,owing and'uupaid upon t_he Bonds, then'
,to the:'payment of such principal and, interest, without preference or
priority of principal over°interest_; or of 'interest over principal, o_r of
any' 'Installment.,, of -inter est .,over any other- installment of 'interest,
ratably to the aggregate of,,.meh'principal and interest;
(b) Subject to.any contractuallimitation, binding, upon; the holders
of any of the Bonds:: (,including; but notlimited'to-. any limitations upon
the exercise of any remedy to bondholders holding a, specific -percentage
of such Bonds), any holder of Bonds shall have theright, for .the equal,
.benefit and protection of All holders of Bonds similarly situated:
_ (1) By mandamus or -other suit or proceeding at law or in.
equity -to enforce'his.rights against the City,, the Council, and any
officers; agents and employees of: the .City; and to require and com-
pel the City, the Council or .any such officers, agents: or employees,
to perform and carry .out their duties under the Law and their -
agreements ,with. -bondholders; as provided in this Resolution;
(2.) By isuit in °equity to. require the City and "the Council to
account as if they were :the :trustee of an express trust.; or'
(3). By suit in equity to enjoin any acts" or'things which may
be unlawful or. "violate the rights of the bondholders.
Except,only as provided,'bi Section 15 hereof, nothing in this Resolu-
tion or Tin• the Bonds ,or in. the coupons contained, shall affect. or impair
'the obligation of the City; which -is absolute and unconditional, to pay
the principal of and-:inferest on- the Bonds to the- respective holders of
the Bonds and coupons :at the yes:pective dates of matilrity, or upon
call for: redemption,, as herein. provided and out of the. Revenues herein
pledged`.for such payment, or affect or, impair; the right of action; which
is also, absolute, and unconditional (except as provided in Section 15
hereof),. of such holders. to institute suit to.: enforce such payment- by
virtue of the contracti,embodied iri the Bonds -;and coupons..
The= remedies conf erred .hereby and by the, Law upon, any liolder
of .Bonds do not: exclude any .other :remedy, ,but each such remedy is
cumulative, and in addition to every other remedy and.may be exercised
without_ exhausting":aiid-without regard to any other remedy conferred
hereby or by. the Law or. -by any other law. A waiver of any default or.
breach,..of duty 'or, contract `by. any bondholder shall not extend to or
affect any subsequent default or breach of duty or contract or impair
any rights or remedies on any subsequent default or 'brea'ch. The .delay;
oromission of any bondholder to, exercise any right or power accruing,
°upon :any default shall, not„impair any such right or- power and shall not
be a waiver .of .any such default or 'acquiescence, therein.. Every sub-
stantive; right and every- r,eme`dy conferred upon ,the bondholders may
be enforced and exercised as often as is d'e'emed 'expedient. If a suit,
1
•
_ �� �.-,y, ,.tea
,38 ,
action, or proceeding to ,enforce"any right° or _exercise any --remedy shall
be abandoned or :determined adversely -to the bondholders; their, and in
every ,such cmej,fhel City and such bondholders shall be restored to.
their former positions,, rights and. remedies as if such suit, action; or
proceeding'had not been1rought or taken.
Any suit, .action :or proceeding, which any, holder- of Bonds shall
have the. right -to bring to .enforce any -right. or remedy hereunder may
be .brought ''by :the Fiscal Agent for the equal benefit and. protection
all
of Holders,of':Bonds,similarly°situated and the Fiscal Agent is hereby
appointed';('and1he successive respective holders and, registered owners
of the Bonds and interest coupons issued hereunder; by taking and
_ holding. 'thee same; shall be conclusively deemed so to have: appointed
-it), the true.and lawful attorney-in=fact of the respective Holders and
registered owners of "the Bonds and' interest coupons for the purpose'
of bringing any such suit, action, or proceeding and to do and perform
any and all acts and things for and in behalf of the, respective holders
-
and -registered owners of ,the, Bonds and coupons -as a, class or classes,
as :may .be necessary or 'adwisabl'e. in the, opinion of the Fiscal- Agent as
such attorney -in -fact.
SECTION, 1 . ,Amendment of .Bonds .and' Resolution. All, of th_e'
-
provisions iof this Resolution shall' .constitute. a, contract between the;
'City and the: `holder 'or- 'holders .of the Bonds hereby, authorized,, and
from and, aftefthe sale."and delivery of any ;of the Bonds no amendment,
alteration or modification of the,B.ond's or-,, of the coupons: appertaining
t ythereto. or � of this Resolution shall be .made which shall, in any manner
'impair, impede or'lessen the. rights of the holders, of the Bonds or.the,
coupons appertaining thereto, .then outstanding; without, the prior writ-
ten consent of 't6 holders of';at least 7517,o of the aggregate principal
amount :of 'Bonds then. outstanding. Any' such amendment, alteration
or modification which ,shall have received,'the written :consent of the.
holders of sa d,-percentage• of ;said outstanding Bonds as provided in
this ;Section shall be binding upon the holders of all,,of the Bonds and
coupons: appertaining athereto,, either attached to or detached from
said' Bonds. If, ;in ithe ,opinion of the Council, .any"proposed' amendment
substantially and adverselyaffects the: rights: otlhe electors of. the City;
the Council, may submit such amendment '.for the approval of the
ele_ctors.,at, an election ealled,and held- for" that ;purpose: Such :election
iiaay'be called: and held as •now,,or hereafter may be provided by law; or
39
'in the absence of, any express provision of '.law, may be called and held
in substantially the same manner as provided by. law for the ;holding -of
an elect on:fof1he issuance .of revenue bonds under the Law..; provided.
that only, a majority vote, ofAhe voters voting upon the measure at such
election. need be required and the measure to be 'submitted at such elec-
Lion shall. ,be generally to the effect. -of, whether or not the proposed
amendment shall be approved and adopted.-
SECTTON 1_6. F.isca'l Agent. The City hereby appoints Bank of
America National Trust and Savings Association in the City, and
County of San 'Francisco, 'State of . California, as the 1959 Water
Revenue Bond:Fiscal.Agent for the purpose of paying the principal of,
and interest on any of the .Borids�presented for paymentin-the City and
County of 'San Francisco,-,, State of California;, and for the purpose of
performing all other duties. assigned to or imposed upon the Fiscal
Agent as in this Resolution provided: The Fiscal ,Agent initially ap-
,pointed ,and any, successor thereof may be, removed: by the City and a:
successor or successors appointed.; provided that each ;such successor
shall.be a.bank or trust company doing business inand having an office'
in the..City and County of aSan Francisco,: State. of California. Any such'
Fiscal Agent designated 'by the City, shall, continue to be 'the Fiscal
Agent Hof the .City- for all of said purpose"s until the' designation of a'
successor -as stach,Fiscal.Agent, and the:City agrees.that it will maintain
a Fiscal Agent: in said City and County :of San Francisco so long As any
of .,the Bonds are outstanding and unpaid. Thee Fiscal 'Agent is: hereby
authorized and directed to withd-raw from the Funds and 'in themariner
provided in Section 9' hereof all stuns required, for the payment, of the
principal of and interest on the .Bonds presentedJor payment in Sari
Francisco at maturity., or, on call and xedemption, or on purchase by
the Fiscal. -Agent prior -to maturity. The Fiscal. Agent: is hereby author-
ized'to redeem :the Bonds and the: inte'rest:coupons: appertaining thereto;
When duly presented to• it for payment. at maturity, or. -on call and
redemption or on purchase by the Fiscal Agent prior to maturity, and
to cancel all Bonds -.and coupons upon. payment -thereof and to return
i
the same so cancelled to the. Treasurer. The Fiscal Agent shall keep
accurate records of all funds.administereil"by it and of -all. Bonds and
coupons paid and ,discharged by it. The Council is hereby authorized
to compensate the Fiscal Agent for the services -of the Fiscal Agent
rendered ,pursuant .to the provisions 'of, this. ResoTutioi-
1
n
4o
_ The recitals of fact` and' all promises, covenants -and �agreemerits
herein and in. the .Bonds of .said authorized issue contained ;shall be
taken as statements, promises,, covenants and, agreements of the City,
and the Fiscal. Agent,assuMes ;no.responsibility for the -correctness of
the same, grid makes no representations ,as to the validity or sufficiency
of-,, this Res'olutiori or ,of the 'Bonds or coupons,, ,and, ,shall, ,in_cur no
responsibility in respect thereof; other. than 'in connection with .the
duties or *obligations ,Herein or in the Bonds assigned: to or imposed
=
upon the Fiscal .Agent: The Fiscal Agent shall 'be under .no respon_si-
-,bility',& duty. -with respect to the .issuance of the Bonds ;for value. The
= Fiscal Agent, shall. not. be. liable in connection -with: the performance of
its duties'.hereunder; except :for its .own negligence: or default.
Any Fiscal Agent appointed hereunder may resign at any time..
Upon.the merger,,consolidation or .other reorganization of any Fiscal
Agent, the. Council shall, appoint a new�Fiscal,Agent, which may be the
corporation ':_resulting from such reorganization.
SECTION 17. Discharge. of Resolution. 'Whenever all of'the Bonds
_
= and -al'linterest then accrued thereon shall have been fully ,paid and
` discharged,i;the..agreements: in ,thin Resolution contained shall- cease and
determine .and. the City shall be :under, no further obligation, to .apply
the: Revenues of the'Enterprise as, herein required, or otherwise to do
or`perform,;any of the: covenants; conditions or agreements in this Reso-
,lut on- contained, and'dall sums then. held. by ;the Fiscal .A_ gent hereunder
shall forthwith "be transferred 'by it to the Treasurer.
SECTION; 18. Partial ,Invalidity., If any, section_, paragraph; sub-
division, sentence, clause or phrase of .this .Resolution shall for any
reason be adjudged by.any court of coinpetent,jnrisdiction to be uncon-
stitutional, unenforceable, or. invalid, such judgment sllall;not affect the
-, validity. off the remaining portions of this. Resolution. The Council
i.. hereby declares that°t would have adopted this Resolution and each
and every other- section•, paragraph, subdivision, sentence, clause and
phrase. lier'eof; and . would have authorized the ,issuance of the Bonds
pursuant'hereto:-ir"resp;ective, of the fact that any .one or more, sections,
paragraphs, subdivisions, sentences; clauses or phrases of; this Resolu=
tion or the,f application thereof to any person or circum tance, may' be '
held,to-be,unconstitutional, Unenforceable or invalid.
SEcTwN -19: E ffecGa'V'6Date ,o.f Re.s•olut: oii. This .Resolut on shall
bike effect from and after As .passage "and apl .oval:.
41
PASSED AND ADOPTED this 29th day of June, 1959, by the following
=vote:
AYES: .Councilmen 'G.rinella; Ellis, Gustafson, King, Matzen,
NOES : None',
Van Bebber and .1Vlayor Parent.
ABSENT: None.
ARTHU:R W., PARENT"
Mayor of tl e�City of Petaluma,
California
Attest
(seal) GLADYS-R.` WAL:LIN,
_ a .
City Clerk.
Presented to and approved,, by me this 29th day of June;1959.
ARTHU..R W. PARENT
Mayor o f 'the City o f'Petalurna,
California'
42
CC;EAIK�§ CIfRU7FDjATE
Gladys R.-Ifallin!City Cl
---- ----------- .......... Clerk of the Clity of'Petaltima,
Calif ornia
do hereby that -the oregoing is afilf, true and correct copy of:
a resolution
adopted-At an. adjdurned. regul Ar,n ing -le6fi o e f,� the Council
j -
of said City dWy; and tregulayl, and legally -held r
y at the regular
meeting place; thereof on the"29.M day- of itine 1959 ; of'which meeting
all of the .members , of ;said Council had due notice and dt1which- a,
ityy thoreof,was lrhaytaa�eetatinieution'said was intro-
NO
Mn....oVner�ponduced'by Coup6man .. .. .......
rn, washerei
THO S J"
by Councilifian ...................... ...Adopted
by the foliowi-ng yote;;
A-Yhs: Qquii6ilih6n Crinell"a -Ellis; Gustafson" King, katz,.en'
Van Beb.ber, and May-bT Parent,
Noks-: ITne.
'ABSENT:- None,
That''I have carefully coMpared the, same withthe original minutes
of said meeting oh,file:-azfd of- record in -my office l and, that said res'olum-
-if * � g __0
Iioriis a f-611' true •.qnd:d6rreci,.cQpy of the: original resolution adopted at
'F' t I.
said m6etijagand,-eiitered in i said
minutes ,and '.-r 9614ion,has
aifd that said e o
not ,been amended;,,mqdjfled or'rescinded'-sinceAlfd date of its adoption;
and is now in full force and eftect. X�
Witness -M.Y.-Ii p:dand the seal of sa-id,.O-1'Yzv of Petaluma this 29th
:day of Jiiri 1959'-.
cit l'&k7dfIhe,,ffty,-o
'P,Rdhi�id" Cal
r
INTRODUCED- iY GO.UNCILMAN SECONDED BY COUNCILMAN
GRILA
tVE RETF A. MATZEN
RESOLUTION NO. 47-1, N. C.I.-S.
•
RESFOLUTIONiir OF THE, QITY COUNCIL, OF, THE CITY' OF PETALUMA.:
AUTHORIZING'' AND DIRECTING THE .SALE OF $,2,8'00,000 PRINCIPAL
.AMOUNT OF CITY OF PETALUMA 1959, WATER E'REV-NUE BONDS,
SERIES A
WHEREAS,,the,,City Council of'the City of Petaluma
has, heretofore, by Resolution No. 1260 NCS, adopted
June 29, 1959(h-
ereinaf ) ter called the "Resolution of Issue",
, ,
duly authariz'ed the issuance of $3.0300,000 principal 'amount
of 'City of Petaluma -1959 'Water Revenue Bonds and the i-s s uanc e
of $2,,800;000 -principal amount thereof A-s Series A 'Bo,hdsj and
it is desiralble that said Series A Bonds be offered for ,sale
0.1 -_
at,this time, subject to the terms and conditions of the No
tijc'o of Salel,here,inafter set forth.,
RESOLVED' by the City Council
NOW, THEREFORE..,Bt 17
of the Cityi,of Petaluma, as foll,ows::
S.eptiQn 1. Wednesday„ August 5, 1959, at the h our
of 11: 00 A.M. :(,Cal. D. S.. T. ) .is hereby fixed as the time and
the Council" I Chambers, City,11alli Petaluma-, Sofio'_M County-,
California,is hereby fixed as the placre, at which' bids will
be receivedl',for the purchase of $2,$00,000 principal Amount
of City of Petaluma 1959 'Water Revenue Bonds., A, sub-
ject to thellterms and conditions of the .Notice of Sale, herein;
after setf8rth.
settion 2'. Messrs., Orrick, D-ahlq uistj Herringt,on &
zutcliffo, bond. counsel to -,the City, are horeby authorized to:
cause copies of the Resolution of Issue to be printed for
CorT
1
1
mailing by Stone & Ybungberg,� f inanc',ial consulta
nts 'to
the
City, along ,with printed copies of said notice.of-sale and
printed copiel's, of the Official Statement relating
to, the.
,,Series, A-0onds approved or to be approved by the City Council.
Sec't'i,on 3. The City Clerk is. hereby, authorized and
directed to cause the notice of sale of said Series A Bonds
to be published once in the Petaluma ArgUs-COdrier, a neWs-
ji
paper published and circuIated in the City, and such notice,
shall be in, substantially the following' -form:
I
OFFICIAL NOTICE OF SALE
$2,.,8Wo-OGO CITY, OF !PETALUMA 1959 WATER .REVENUE E BONDS, -SERIES �A,
NOTICE IS _H.EREBY, GIVEN.'that sealed proposals will be
received by the -City Council of the City of Petaluma Sonoma
County-, . Ca,li,f oriiia at the Council Chambers) City Ha'11$ Petaluma,,
California on
WEDNESDAY, August 5, 1959
at 11.-00 A.k;, (Cal,.D.S.T. )- for the purchase. of , $'2,8-00,000 prin-
cipal amountl!of City of Petaluma 1959 Water ReVenue Bonds,
Series A., authorized -to be issued tinder the provisions of a
-resoluti - on, . "of , 'the City Council, adopted June 29, 1959 . (herein-
af c. ter a,lledi f� the I(Resoluti-on")'- - p
Bonds are more particularly
described irill the Resolution (which is incorporated herein by
reference) and a c,opy thereof will -be furnished to any interested
bidder upon reques.t. Said bonds are art. of an autho"rized issue
in the aggregate princ . ipal amount of'
3,300,000 authorized at 9
special 2
revenue bond .election held in. the City on April .8�
I $, 1959.
The - remaining 509,,000.of Bonds of said autho,ri;zed issue will not.
be offered for sale prior to. September 1, jL96,0- ' The Bonds hereby
offered for !'sale are generally described f ollows
ISSUE: $2,,80-0) 000 cons:i ' r�tiing of 2,800 bonds Of the
denominati-on of $1,000 each, numbered Al to
A2800, both Unclusive, designated "'City -of Petaluma 1959 Water
Revenue Bonds, Series .A".
DATE- he;Series, A Bonds are dated September, 1,,, 1,959.-
1NTEREST. Maximum not to exizeed. 6�_per- annum,_.,payA.Plq,
annually the fir&t"year -on ,September, .'L- 1960,P'
'17' w
.and therea - Pt�er, semi. -annually on. March:- 1 and Septemb&`r' ^ - i . each
year., Bidders, must specify_ the rate Of interest which the boAk's —
by offered f hereor :sale shall`shall`bear. Bidde V6 will be permitted
!
2
14� ttt
to 'bid dlfferent rated of-ihterest and to split rates irre-
spective of the maturiti.es, of said bonds, pyoYi ded -that the
interest, rate` or rates stated in. any :bid must be in a multiple,:
of IAor 1/20 of 1%, that no bond shall bear more than o.ne rate.
of interest ormore tha-n one coupon'to evidenc',e any interest
payment,, and rthat the maximum differential between the lowest
and highest coupon rates named- In any bid shall :not exceed 1-1
MATURITIES: The Series
Principal
.,Amount
$ 251ZOOO
35,000
40 00,0,
4 '.5 '000
50,000
'55,000
6o,,.,,000
65."OGO
70,0001
75,000
i, goo, 000
Borid-s'mature serially as follows:
Maturity Date
(September 1)
'(Both year's inclusive.).
1961
1962
1963-1964
1-965-q966
1967 -1 96'8
1905- , 1971,
1972
1973-197-4,
105-1976
1977
.1g94
REDEMPTION: Bonds numb.ered Al to A900, both inclusive,,
maturing by their 'terms on, or -prior to Sep-
tember 1, 1.9717, are not subject to call and redemption priox to
their fixed maturity dates. Bonds numbered A9,01 to, A28001.0 -both
inclusive,, maturing on September 1, 1954,. are subje,ct- 'to --call
and redemption' at the option of the City, on September 1,. 19770"
bu-t not, prior!) tlhereto,, and on any interest payment date there, -
after prior, to, maturity as a whole, ,or in. part by lot, from
funds derived, by' the. City f-rom, any source, including the-3eries A
Si ' riking Fund provided for in, the Resolution,, at theprincipal
amount thereof and Aacrued - Interest to date; of re°delmption plus
a premi u-m- Is "set forth - in LColumn 3 below, as follows :
Co'lumn 1
QalLimn..2
C.olumn.3
Column I
Column 2
Clolumn, 3
Bonds
Bonds
Redeemed
And
Redeemed
And
On -,or
Prior
On or
Prior
After
to
After
to
September
1 September 1
Premium
September 1
September -1
Premium
1970
1972
4
1982
1983
2. %
1972,
197-4
5-3/4%
108 �
0
104
1-3/4%
1974
ig?6
11
3-1/2%
a.984
19$5
1:- 1/2%
-197 -
76
lg,
3-1/4%.
:L985
1986
1-1/4%
l-47,6
1979
3 %
1586
19'87
1
.1979
198.0,
. 2-3/4%
1987
1988
3/4 of 1%
-i9�0
i , - Ol
2-1 /2%'
1-988
1989
1/2 of 1%
198,1
11
._19.�'2
2-- 1 /4�
1989
1990"
1 /4 of .1 %
1990
Maturity
None
-PAYMENT:
Both principal
and interest, 'ar-epayable in lawful, -
money
of the United States of America
at the San,
Prancid.ao
Main Office of
Bank of
America National
Trust
and,"S'avings
Association, 300 Montgomery
if
Street, San 'Francisco,. California.
.3
.,EXECUTION,AND� Coupon bonds will be issued by the City. Said
REGISTRATION: bonds will be executed by the manual signature
___ of at least one•official authorized to execute
theT B'onda.,`said bonds are registrable only as to both principal
and interest.
•PURPOSE: 'The Series A Bonds are authorized for, the purpose,
of the ,acqu.isition by purchase and the improvement
and .financing,, of .a municipal water system for 'the City.
SECURITY: The principal of and interest on. the Series A,
Bonds are pal yable exclusively from a speciafund
provided for .in the' Re.solutio:n (designated the''"1959 Water Revenue
Fund".).. Bidders, are referred to the Resolution and•. to the Official
.Statement f'or'further particulars.
FISCAL_ AGENT:., Bank of America National Trust and Savings-
Asaociat on has been appointed Fiscal Agent for
the payment of 'the principal and interest of the 'Series, A Bonds and
the registrat-ion thereof and -will hold in trust the Interest Fund.,
Retirement Fund and Reserve Fund, and all moneys paid to it out of
revenues for the payment of bond principal and interest and Reserve
Fund purposes,.
TAX EXEMPT STATUS: In the -event that prior to the delivery of the
Series. A Bonds 'the income. received by, private
holders from bonds of the same type and character shall :be de-
cla_red to be taxable under any Federal Income; Tax Las, either 'by
the terms of .suc_h laws or by ruling o:f a Federal Income Tax auth-
ority or loffic'ial which is followed by the Internal Revenue Service
or by decision onf any Federal Court, the successful :bidder may, at
his option prior to the tender of the Series A Bonds 'by the City,
be relieved -of, his obligation- under the contract to purchase the
•Se:rie,s;A Bonds, and in such case the deposit accompanying his bid
will :be: returned..
LEGA_L� OUNION: The legal opinion of .Messrs, Orrick, Dahlquist,
Herrington & Sutcliffe, of San Fr.anclsco., Cali-
f ornia, approving the validity of the Series A Bonds will be furn-
ished without charge to the sucdessful,b.idder. A copy of the legal
opinion, certified by.the official in whose office the original is
filed, will. be= printed on each, bond without charge to the successful
bidder.
TERMS OF SALE
Highest ,Bid: i The. Series A- Bonds "will, be awarded to the highest
bidder,, considering °the interest rate or rates
specified in the, bid and the premium :offered, if any. The highest
'bid :will be determined by deducting the amount of the premium bid
(if any') fromlithe total amount of interest which the: City would, -be
'required 'to' pa'y .from the, date, of. the aeries A Bonds' to their re"
spect.ive maturity dates At the coupon rate or rates specified in
the bid, and t;he award will be made on the basis Hof the lowest net
antere'st, cost ;to° the City. The .lowest 'net interest cost shall .be
computed on a 360-day year basis. The purchaser must pay accrued
interest from the date of the Series A Bonds, to the •date: of delivery.
The cost :of'.0r,inting the Series A. Bonds will be, borne by the City.
, //,/0
Right, of The 'City reserves, the right, in its discrOtIon,
Rejection: to reject any ,and all . bids and to, waive any
irregularity or informality in any bid:.
Prompt Award:The City Council will take action awarding the
Series. A Bonds or rejecting all bids not 'later_
than 24 hours after the. expiration of the 'time herein prescribed
for the'rocel-t of proposals, unless such time of award Is waived
R
by. the successful bidder,.
Prompt Delivery; Delivery of the Seri -es A Bonds- will be made- to
'the, zucces,,sful bidder at the "San Francisco Maln
Office of the:Fis.cAl Agent., in San Francisco, 'California, as s,00n
as the Bonds 6!an be, prepared, which it is estimated will be within
3O -days, from the,'d&te.of sale, but not prior to the daite of the,
Series A Bonds The Series A.Bonds will be delivered simultaneously
with -the purchase of the, Water Systeml�by-the City and the transfer
of ownership :thereof to the City.
Right of The successful. bidder shall have the right, at his
Cahaellation: -option, to cancel the contract of purchase of the.
Series, A Bonds if the City shall fail to execute,
the Series A Bonds, wid -tender the same for delivery within 60 days
from the date 'of- salle, thereof, and in such event the successful
bidder, shall -be entitled to the return of the deposit accompanying
his bid.
Form of _Bid.: All, blds must be 'for- not less than, all of the..,
Series A Bonds, hereby offered for sale, andi-for not
less than thellpar value thereof and accrued interest to date'
delivery Each bid.,- together with bidder's check, must be,, encloae.di
0
in a, sealed envelope addressed to the C,Itiy -Council- of the 'City of
P,eta-luma Sonoma, County, California,'.and endorsed "Proposal for
um City of Petaluma 1959 Water ReVenue Bonds,], Sees A
Bid Check:- With each bid must be submitted, a certified check
or cashierl,s 'check for $,5,OGO drawn on a bank.br
trust company rtransacting, 'business in the, State of California pay-
able to the order of the City to secure the City from any loss re-
slulti ng from the failure of the bidder to comply with the terms, of
his bid. In,addition bidders are requeat'ed, but not required, to
supply an es.timate -of the total net interest cos't,'to the City, on
the basis of their respective bids-,, which shall be considered as.
informative only.a4d not binding on either the bidder or" the City.
-Cheaks of the .unsucc,essful bidders will be -returned by the City by
mail upon the award of the, Bonds. No intere`sttwill. be paid upon -
the deposit made by the successful. bidder.
Official. 8tate'rhent:, The, City has prepared an official statement, a
'copy of which, will be furnished Upon request
addressed to.Mes3rs. Stone & Youngberg,,J, Russ. Building, San 7r8Lhcisco
4, taliforriia 'the -City' s _,fi,.nanc,.in& consultants.
5.
e
There is no controversy or litigation pending or threat-
ened con.cernirg the validity of the Series A Bonds, and:the City
will furnish to. -the 1s.ucc:essful bidder a no -litigation certificate
certifying tolithe�foregoing as of and at, the time of the, delivery
of the Series A Bonds..
Dated: June 29, 1959.
(seal)
GLADYS R. WALLIN
City Clerk, of the City oi' ,eetaluma-
'State of California
Section '4., This Resolution shall take effect from and
after its passage and approval.
PASSED: AND ADOPTED this 29th day of June, 1959, by the
following vote:
AYES: Councilmen Grine'lla, Ellis, Gustafson,, King, Matzen,
Van Bebber,,. and Mayor-P,arent.,
NOES,,:, - None.;
ABSENT- None-. _
ARTHUR W. ,PARENT
:Mayor of the :City -of Petaluma
State: of California
(seal) i
GLADYS _R. WALLIN'
City -Clerk of'the. City of PetalumaState of California
Presented to and approved. by me` this 29th day of
June,, 1959.
ARTHUR_ W. PARENT
Mayor of -the- City- of-Fetal-Uma
State of California
.6
I
CLERK'S CERTIFICATE
Gladys,R, MaIlin City Clerk of the City of
Petaluma, California, do hereby certify that th:e, foregoing is
a full', true :and, correct copy of' a resolution duly adopted at
an adjournedregularmeeting of the City Council of sai.d.city
-dulyand regularly and legally held -at. the regular- meeting place
thereof on the' 2.9th*daffy of June,,. 19-59, of which me.eting all of
the 'members of" said City Council had due notice and, at which a
majQri,ty thereof was present; 'that, at said meeting :said resolu-
tion was introduced by.Gounc'I-lman 'Marino'P. Crinp-11a and read in
-full, and was 1.thoteupo.n�, V,11-11111111111tvl/,
seconded by Counci , lman Everett: A.,_,Matzen- adopted by the fallow-
Ing vote:
AYES:. Councilmen -Crinella, Ellis, G King, Matzen,agtaf
Van Bebber' and Mayor' Parent..
NOES,: None.
ABSENT-1- None.
That 1 have carefully, compared said resolution with
lj
the ori-gin-a -I :minuf' tes oisaid, meetingf r on file and of in -my
offiae-and that said resolution is a full, true and correct copy
of the original resolution adopted, at, said, meeting and, entered,
in, said minute"6. That said resolution has not be.en amended,
-modified or rescinded since the date of its adoptiain, and the
same 181 now -in full force and effect,
T
WITNESS my hand, sealand the 06 -f`� 9�i- - d,- C i , t y of Petaluma
this 2Rth.
day of June,, 1959.
Clty'-Cl,Vk of the City of Pet-alUma
----State. e,of Calif ornia