HomeMy WebLinkAboutResolution 1958 - 0561RESOLU?IOU 1~O.561-11
~LSOLUTION ANENDING RL$OLUTION NO.552-11 01?THE
EOARD OF DIRECTORS OF COUIrTY SANITATION DXSTRICT
NO.11 OF ORANGE COUNTY,CALIFORNINIA,ENTITLED
1~ESOLUTION AUTHORIZING SALE OF BONDS.
T1~e Board of Directors of County Sanitation District No.11
of O:ari~e County DOES HER~Y RESOLVE AND DETERMINE AS FOLLOWS:
That Re~1ution No.552-11 is hereby amended to read as
follows:
Section ]..That all the bonds ($l.,515,000.OO)of County
Sanitation District No,11 heretofore ordered issued by this
Board shall be sold andthe bids for said bonds shall be received
by this Board at the office of the Secretary of the District,Room
239 at 1104 ~1est Eighth Street,in the City of Santa Ana,State of
California,up to the hour of 1:00 o’clock P.tfl.)~Iovember 19,1958.
Section 2,That the Secretary of this Board and District Is
hereby directed to publish notice Inviting sealed proposals for
the purchase of said bonds once in the HUNTINGTON BEACH NEWS and
to publish an advertisement in THE BOND BUYER,but failure to
publish in THE BOND BUYER or any defect In said publication,shall
not affect or In any way invalidate said sale.
Section 3,Said notice shall be in words and figures as
follows:
NOTICE INVITING BIDS ON $1,515,000
GENERAL OBLIGATION BONDS OF COUNTY
SANITATION DISTRICT NO.11 OF ORANGE
COUNTY,CALIFORNIA
NOTICE IS NER~Y GIVEN that sealed proposals for the purchase
of $1,515,000 par value general obligation bonds of County Sani
tation District No.1].of Orange County,California,will be
received by the Board of Directors of said district at the place and
up to the time below specified:
TIMES November 19,1953,1:00 o’clock p.m.
PLACE:Office of the Secretary of the District,
Room 239,1104 1/eat Eighth Street,
Santa Ana,California.
OPENING OF BIDS:The bids will be opened at the meeting
of said Board of Directors to be held November 19,1958,at the hour
of 1:00 o’clock p.m.
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ISSUE:$1,515,000 consisting of 1,515 bonds,nunibered 1 to
1,515,both inclusive,of the denomination of ~1,0O0 each,all
dated January 1,1959.
MATURITIES:The bonds will mature in consecutive numerical
order,~30,000 thereof on January 1 in each of the years 1960 to
1963,inclusive,$40,ooo on Jan4ary 1 in each of the years 1964 to
1968,inclusive,$45,000 Ofl January 1 of the year 1969,
$50,000 on January ~in each of the years 1970 ~1989~Inclusive
and $15,000 on January i in each of the years 1990 ~o 1999,inclu
sive.
INTEREST:The bonds shall bear Intei~est at a rate or rates
to be fI::ed upon the sale thereof but not to e;:ceed 6~per annum,
payable annually the first year and semiannually thereafter.
PAYMENT:Said bonds and the interest thereon are payable in
lawful money of the United States of America at the of~iceof the
County Treasurer of the County of Orange,in the City of Santa Ma,
State of California.
REGISTRATION:The bonds will be coupon bonds registerable only
as to both principal and interest,
NOT CALLABLE:The bonds are not callable before maturity.
PURPOSE OF ISSUE:Said bonds were authorized at an election
held July 22,1958,for the purpose of providing additional trunk
sewers for said district.
SECURITY:Said bonds are issued pursuant to the County Sani
tation District Act (Chapter 3,Part 3,Division V of the Health
and Safety Code of the State of California)and are payable,both
principal and Interest,from an unlimited annual ad valorem tax
upon the ta;cable real property in said district.
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TERMS OF SALE
Interest rate:The maximun rate bid may not e;~ceed 6%per
annum,payable annually the first year and semiannually thereafter.
Each rate bid must be a multiple of 1/4th of 1%.Any number of
rates may be bid but no bond shall bear more than one interest rate,
and all bonds of the same maturity shall bear the same rate.
Award:The bonds shall be sold for cash only.All bids must
be for not less than all of the bonds hereby offered for sale and
each bid shall state that the bidder offers par and accrued interest
to the date of delivery,the premium,if any,and the interest rate
or rates not to exceed those specified herein,at which the bidder
offers to buy said bond8.Each bidder shall state in his bid the
total net interest cost In dollars and the average net Interest rate
determined thereby,which shall be considered Informative only and
not a part of the bid.
Highest Bidder:The bonds will be awarded to the highest
responsible bidder or bidders considering the interest rate or
rates specified and the premium offered,If any.The highest bid
will be determined by deducting the amount of the premium bid (if
any)from the total amount of Interest which the district would be
required to pay from the date of said bonds to the respective
maturity dates thereof at the coupon rate or rates specified In the
bid and the award will be made on the basis of the lowest net
interest cost to the district.The purchaser must pay accrued
interest (computed on a 360—day year basis)from the date of the
bonds to the date of delivery.The cost of printing the bonds will
be borne by the district.
Right of Rejection:The district reserves the right,in its
discretion,to reject any and all bide and,to the extent not
prohibited by law,to waive any irregularity or informality in any
bid.
Pronipt Award:The district will take action awarding the bonds
or rejecting all bids not later than twenty-six (26)hours after
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the expiration of the time herein prescribed for the receipt of
proposals;provided,that the award may be made after the expira
tion of the specified time if the bidder shall not have given to
said Board notice in writing of the withdrawal of such proposal.
Place of Delivery:Delivery of said bonds will be made to
the successful bidder at the office of the County Treasurer in
santa Ana,California,unless some other place of delivery is agr~d
upon by said treasurer and the purchaser.
Prompt delivery,Cancellation for Late Delivery:
It is expected that said bonds will be delivered to the
successful bidder on or about January 2,1959.
The successful bidder shall have the right,at his option,to cancel
the contract of purchase if the district shall fail to execute the
bonds and tender them for delivery within sixty days from the date
of the sale thereof,and in such event the successful bidder shall
be entitled to the return of the deposit accompanying his bid.
Form of Bid:Bach bid,together with the bid check,must
be in a sealed envelope,addressed to the district with the envelope
and bid clearly marked:“Proposal for $1,515,000 bonds of County
Sanitation District No.11.”
Bid Check:A certified or cashierts check on a responsible
bank or trust company in the amount of 3%of the principal amount
of the bonds,payable to the order of the district,must accompany
each proposal as a guaranty that the bidder,if successful,will
accept and pay for said bonds in accordance with the terms of his
bid.The proceeds of the check accompanying any accepted proposal
shall be applied on the purchase price or,if such proposal is
accepted but not performed,unless such failure of performance
shall be caused by any act or omission of the district,shall then
be retained by the district.The check accompanying each unaecepbed
proposal will be returned promptly.
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Change in Tax Exempt Status:At any time before the bonds
are tendered for delivery the successful bidder may disaffirm and
withdraw the proposal if the interest received by private holders
from bondsof the same type and character shall be declared to be
taxable income under present federal income tax laws,either by
a ruling of the Bureau of Internal Revenue or by a decision of any
federal court,or shall be declared taxable by the terms of any
federal income tax law enacted subsequent to the date of this
notice.
Legal Opinion:The unqualified opinion of O’Melveny &Myers,
attorneys,approving the validity of said bonds will be furnished
the successful bidder at or prior to the date of delivery of the
bonds,at the expense of the district.
No Litigation Certificate:At the time of payment for and
delivery of said bonds the district will furnish the successful
bidder a certificate that there is no litigation pending affecting
the validity of the bonds.
INFORMATION AVAILABLE:Requests for information concerning
the district should be addressed to Ora Mae Merritt,Secretary,
County Sanitation District No.1].of Orange County,California,
Room 239,llOL~West EIghth Street,Santa Ana,CalifornIa,
GIVEN by order of the Board of DIrectors of County Sanitation
District No.11 of Orange County Ca ‘rnia,adopted November 5,
1958.
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ORA MAE TvEBRITT
Secretary of the Board of Directors
of County Sanitation District No,1].
of Orange County,Calii’ornia
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STATE OF CALIFORNIA)
38
COUNTY OF ORANGE )
I,ORA MAE IVIERRITT,Secretary of the Board of Directors of
County Sanitation District No.11 of Orange County,California,
do hereby certify that the above and foregoing Resolution No.
561-11 was regularly passed and adopted by the Board of Directors
of County Sanitation District No.11 of Orange County,California,
at a regular adjourned meeting of said Board held on the 5th day
of November,by the following roll call vote,to wit:
AYES:Directors Willis H.Warner,Victor Terry and
Ear].T.Irby
NOES:Directors None
ABSENT:Directors None
In witness whereof,I have hereunto set my hand and affixed
the official seal of County Sanitation District No.11 of Orange
County,California,this 5th day of november,1958.
c1112 ~~
Ora Mae Merritt,Secretary of the
Board of Directors of County
Sanitation District No.1].of
Orange County,California
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