HomeMy WebLinkAboutResolution 1959 - 0751RESOLUTION NO.7~P-2
RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.2 OF ORANGE COUNTY,
CALIFORNIA,AUTHORIZING SALE OF BONDS.
The Board of Directors of County Sanitation District No.2 of
Orange County DOES HEREBY RESOLVE AND DETERMINE as follows:
Section 1.That all the bonds ($4,000,000)of County Sanita
tion District No.2 heretofore ordered issued by this Board shall be
sold and the bids for said bonds shall be received by this Board at
the office of the Secretary of the District,Room 239 at 1104 West
Eighth Street,in the City of Santa Ana,State of California,up to
the hour of 11:00 o’clock a.m.,November )/~,1959.
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 in the FULLERTON NEWS TRIBUNE 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 $4,000,000
GENERAL OBLIGATION BONDS OF COUNTY
SANITATION DISTRICT NO.2 OF ORANGE
COUNTY,CALIFORNIA
NOTICE IS HEREBY GIVEN that sealed proposals for the purchase
of $4,000,000 par value general obligation bonds of County Sanita
tion District No.2 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:
TINE:November J:~,1959,11:00 o’clock a.m.
PLACE:Office of the Secretary of the District,Room 239,~
1104 West 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 24,1959,at the hour
of 11:00 o’clock a.m.
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ISSUE:$4,000,000 consisting of 4,000 bonds,numbered 1 to
4,000,both inclusive,of the denomination of $1,000 each,all dated
January 1,1960.
MATURITIES:The bonds will mature in consecutive numerical
order,$50,000 thereof on January 1 of each of the years 1961 to
1963 inclusive,$100,000 on January 1 of each of the years 1964 to
1966 inclusive,$150,000 on January 1 of each of the years 1967 to
1987 inclusive,and $200,000 on January 1 of each of the years 1988
to 1989 inclusive.
INTEREST:The bonds shall bear interest at a rate or rates to
be fixed upon the sale thereof but not to exceed 6%per annum,pay
able 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 office of the
County Treasurer of the County of Orange,in the City of Santa Ana,
State of California or at the main office of the Bank of America
National Trust and Savings Association in the City of Los Angeles,
California,or the City of San Francisco,California,or at any
fiscal agent of said County Sanitation District No.2 in the City
of New York,New York,or the City of Chicago,Illinois,at the
option of the holder.
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 August 5,1958,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 taxable real property in said district.
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TERMS OF SALE
Interest rate:The maximum rate bid may not exceed 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 b~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 bonds.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 in
terest 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 coGt of printing the bonds will be borne by
the district.
Right of RejectIon:The district re~crves tho right,in its
discretion,to reject any and all bIds and,to the extent not pro
hibited by law,to waive any irreguinrity or informnllty in any bid.
Prompt Award:The district will take action awarding the bonds
or rejecting all bids not later than twenty-six (26)hours after the
expIration of the time herein prescribed for the receipt of proposal
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provided,that the award may be made after the expiration 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 agreed
upon by said treasurer and the purchaser.
Prompt Delivery,Cancellation for Late Delivery:It is ex
pected that said bonds will be delivered to the successful bidder on
or about January 4,1960.
The successful bidder shall have the right,at his option,to
cancel the contract of purchase if the district shall fail to exe
cute 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:Each 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 $4,000,000 bonds of County Sani
tation District No.2”.
Bid Check:A certified or cashier’s 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 unaccepted proposal will
be returned promptly.
Change in Tax Exempt Status:At any time before the bonds are
tendered for delivery the successful bidder may disaffirm and with-
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draw the proposal if the interest received by private holders from
bonds of 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.A copy of such opinion,
certified by the Secretary of the district by her facsimile signature
will be printed on the back of each bond at the expense of the
successful bidder if requested in the bid.
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.2 of Orange County,California,Room 239,
1104 West Eighth Street,Santa Ana,California.
GIVEN by order of the Board of Directors of County Sanitation
l~istrict No.2 of Orange County,California,adopted November 1O~
1959.
ORA MAE MERRITT
Secretary oUEhe Board of Directors
of County Sanitation District No.2
of Orange County,California
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STATE OF CALIFORNIA)
55
COUNTY OF ORANGE )
I,ORA MAE MERRITT,Secretary of the Board of Directors of
Count~y Sanitation District No.2 of Orange County,California,do
•‘hereby certify that the above and foregoing Resolution No.751-2
was regularly passed and adopted at a regular adjourned meeting of
said Board on the 10th day of November,1959,by the following roll
call vote,to wit:
AYES:Directors Frank 3.Schweitzer,Jr.,Howard M.Cornwell,
Glenn G.Fry,A.Allen Hall,-W.A.MacKinnon,Rex A.Parks,
Raymond L.Pound,Walter W.Walker,Robert Wardlow
NOES:Directors None
ABSENT:Director Willis H.Warner
IN WITNESS WHEREOF,1 have hereunto set my hand and affixed
the official seal of County Sanitation District No.2 of Orange
County,California,this 10th day of November,1959.
Ora Mae Merritt,Secretary of the
Board of Directors of County
Sanitation District No.2 of
Orange County,California
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