Ordinance Number 36129
Capistrano at a regular meeting thereof held on the 23rd day of October
1961.
AYES: Councilmen: Bathgate, Chermak, Durnford, Olivares, Buchheim.
NOES: Councilmen: None -
ABSENT: Councilmen: None
(SEAL)
City Clerk of San
Juan Capistrano
ORDINANCE N0. 36
ORDINANCE OF THE CITY OF SAN )
JUAN CAPISTRANO,.CALIFORNIA,
PROVIDING FOR THE ISSUANCE OF
TEMPORARY NON-NEGOTIABLE NOTES
AND REPEALING ORDINANCE NO. 27.
WHEREAS, the City of San Juan Capistrano (hereinafter sometimes call-
ed "81ty" or "the City") is a newly incorporated City being incorporated
as a general law City on the 19th day of April, 1961; and. `
WHEREAS, the City has not received revenues from property taxes;
and
WHEREAS, the fiscal year of the City starts on the 1st day of July
and ends on the 30th day of June; and
WHEREAS, an analysis of the various sums that will be paid to the
City disclose that between the 1st day of July, 1961 and the 30th day
of June, 1962, the City will receive the sum of $36,050.00 which is not
earmarked and which it will have available to pay its obligations (here-
inafter,sometimes called "anticipated revenue"); and
WHEREAS, under Government Code Section 37210 the City is authorized
to issue temporary non-negotiable notes, the aggregate amount of which
shall not exceed 85% of said anticipated revenues; and
WHEREAS, United California Bank, San Clemente, Office, San Clemente,
California (hereinafter sometimes referred to as "Lender") had offered to
lend the City under said Government Code Section 37210 an amount not to
exceed the lesser of either $25,000.0 or 85% of the said anticipated
revenues at the ratio of three per cent (3%) per annum;
NOW THEREFDRE, the City Council of the City of San Juan Capistrano,
California, DOES ORDAIN as follows;
Section 1. That it is necessary for the City to issue temporary
133
non-negotiable notes under and pursuant to Government Code Section 37210
for the purpose of paying lawfully incurred current expense and salaries
and wages of officers and employees. The amount of money neede may be
borrowed on one note or notes may be issued from time to time as the City
needs money for said purpose without further authorization from this City
Council. The aggregate amount of notes to be issued shall not exceed 85%
of said anticipated revenues. The City Clerk and City Treasurer shall
keep current information and shall make a report to this City Council _
once a month while said notes are outstanding said information and rep-
ort to show the aggregate amount of said notes and the amount of antic-
ipated revenues for said fiscal year which are not earmarked .and will
be available to pay Said notes, so that should the estimate herein of
anticipated revenues for said fiscal year be incorrect, the aggregate
amount of notes issued can be adjusted accordingly to meet the require-
ments of Government Code Section 37210. A copy of said report shall be
mailed to Lender upon request.
Section 2. Said notes must be repaid on or before June 30, 1962,
the maturity date of said notes. Therightshall be reserved to the
City to pay all or any part of said notes prior to maturity in which
event the interest due to date on the amount so paid shall be paid a-
long with such payment of principal, and interest shall cease on the
amount of principal so paid. Both principal and interest of said notes
shall be payable in lawful money of the United States only from revenues
received during or allocable to the fiscal year 1961-1962.
Section 3. The offer of Lender is hereby accepted and said notes
shall bear interest at the rate of three per cent (3%) per.annum from
the date of delivery thereof.
SectAn 4. The notes may be in such denominations as 1s aggeeable
to the City Treasurer and Lender, but all notes shall be in the sum wh-
ich is an even multiple of $1000.00. The notes shall be dated the date
of their execution and delivery, and shall be numbered in consecutive
numerical order. Said notes shall be payable at United California Bank,
San Clemente Office, San Clemente, California.
Section 5. The Mayor and City Treasurer of said City are hereby
authorized and directed to sign each of said notes and the City Clerk
131
of said City is hereby authorized and directed to countersign said notes
and affix thereto the corporate seal of the City.
Section 6. Said notes shall be in substantially the following form:
CITY OF SAN.JUAN
CAPISTRANO, CALIFORNIA
Temporary
Non-negotiable Note
No.......
FOR VALUE RECEIVED the City of San Juan Capistrano promises to pay
I
to United California Bank, San Clemente Office, San Cle)nente, California,
.................... on or before June 30, 1962, the sum of..............
($................) with interest thereon at the rete of three per cent
(3%) per annum from the date hereof until this note is paid. This note
shall be repaid only from revenues received during or allocable to the
fiscal year 1961-19.62. Both principal and interest are payable in law-
ful money of the United States of America at United California Bank, San
Clemente Office, San Clemente, California. The right is received to said
City to pay all or any part of this note prior to maturity in which event
the interest dire to date on the amount so paid along with such payment
of principal and interest shall cease on the amount of principal so paid.
It is hereby certified, recited and declared that all acts, condit-
ions and things required by law to exist, happen and be performed prece.
dent to and in the issuance of this note have existed, happen and been
performed in due time,form and manner as required by law and that the
amount of this notg,together with all other indebteness of the City
does not exceed and debt limit preseribed by the laws or Constitution
of the State of California.
IN WITNESS WHEREOF, said city of San Juan Capistrano has caused
this note to be signed by the Mayor and the City Treasurer of said City
countersigned by the City Clerk of Said City and sealed with the corpo-
rate
orpo-rate seal of said City and has caused this note to be dated the ... .-..
day of ................... 1961.
Mayor of the City of San Juan
Capistrano, California
( SEAL )
133
... ....... ... ..
.... ... .. ..........
City Treasurer of the City of
San Juan Capistrano, California
................................
City Clerk of the City of
San Juan Capistrano, California
Section 7. This ordinance is an ordinance for the immediate pres-
ervation of public peace, health and safety and pursuant to the provis-
ions of Subsection (b) of Section 36937 of the Government Code shall take
effect immediately. The facts constituting such urgency are as follows:
The City was incorporated on April 19, 1961. It needs funds for the
purpose of paying expensessand the salaries and wages of officers and em-
ployees in order to preserve and protect the public peace, health and sa-
fety. Unless such funds are made available immediately the safety of per-
sons and property within the City will be seriously impaired.
Section 8. The City Clerk shall certify to the passage and adoption
of this Ordinance by the City Council of the City of San Juan Capistrano
at a regular meeting held on the 23rd day of October, 1961 and shall cause
the same to be published in the Coastline Dispatch within fifteen days
after its passage.
Section 9. Ordinance No 27, an Ordinance of the City of San Juan
Capistrano, California, providing for the issuance of Temporary Non- neg
otiable Notes, is hereby repealed.
PASSED AND ADOPTED by the following called'_ votethis-.-23rd.:day of
October, 1961. -
AYES: Councilmen. Bathgate, Chermak, Durnford, Olivares, Buchheim.
NOES: Councilmen: None
ABSENT: Councilmen: None
Mayor of the City of San
Juan Capistrano, California
ATTEST:
City Clerk of the City of
San Juan Capistrano, California
( SEAL )
State of California )
County of Orange )ss.
133
City of San Juan Capistrano)
I, Ernest A. Thompson, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing ordinance was duly passed
and adopted by the City Council and signed and approved by the Mayor of
said City, and that said ordinance was passed and adopted by a vote of
four=fifths of the members of said City Council, to wit:
AYES: Councilmen: Bathgate, Chermak, Durnford, Oliaares, Buchheim.
NOES: Councilmen: None
ABSENT: Councilmen: None
F
City Clerk of the City of San
Juan Capistrano, California -
(SEAL)
State of California )
County of Orange )ss. -
City of San Juan Capistrano)
I, Ernest A. Thompson, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the above and foregoing is a full, true
- and correct copy of Ordinance No. 27 of said City and that said ordinance
was adopted at the time by the vote stated on the certificate attached
thereto, and has not been amended or repealed.
Dated October 23, 1961.
City Clerk of the City of San
Juan Capistrano,. California
(SEAL)
ORDINANCE NO. 37
CITY ORDINANCE RELATING TO
CIVIL DEFENSE AND DISASTERS
The City Council of the City of San Juan Capistrano, California
does ordain as follows:
SECTION 1. Purposes. The declared purposes of those ordinance are
to provide for the preparation and carrying out of plans for the protection
of persons and property within this city in the event of a disaster and
to provide for the coordination of the civil defense and disaster function
of this city with all other public agencies and affected private persons,
corporations and organizations. Any expeditures made in connection with