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ARA1977-049OLU L i J. A it 7 7_ 49 A ?ESOLU` IO- i OF l A1`A-H I' . —H Z TE 7 .1` -�' AG yCY DECLA IAG IT SS Ti1Ti i1T1O�1 1 S ,LL B'01vDS On SAID AGi i1CY L'1 'at i1 A !OU ?�' On ti 30, 000, 000 t III G TI , !E AND PLACE F0'R �'A�:Ti1G :SIDS A tD DIPEC`.i'I - G PUBLICATIOil OF ivOTICL I'ffITI'_1G BIDS. iHEREAS, this Agency deems it prover and the necessity therefor appears that bids be invited f -or the purchase of its a 30, 000, 000 Redevelopment Project Alpha �T1. Allocation Bonds, Series A, (the "Ponds "), and that if bids are satisfactory the Bonds be sold in the iianner and at the time and place hereinafter set forth. i1O'l, THEREFORE, the Anaheim Redevelopment Agency DOES ilE RESOLVE as follows Section 1. Sealed bids for the purchase of the Bonds shall be received by the Agency at the time and place hereinafter set forth in the 14otice Inviting Bids. Section 2. The Secretary is hereby authorized and directed to publish said i4otice Inviting Bids by one insertion in the Anaheim Bulletin, a newspaper of general circulation in the City of Anaheim, California, said publication to be at least five days prior to the date of opening bids stated in said Notice. Section 3. The Secretary is further authorized and directed to cause to be furnished to prospective bidders copies of said ilotice Inviting Bids to,ether with copies of the Official Statement relating to the Bonds and conies of the resolution authorizing issuance of the Bonds; but the failure, in whole or in part, to co: with this section shall not in any manner affect the validity of the sale of said Bonds. Section 4. Said notice shall be in substantially the form attached 'hereto as Exhibit " A " (consistin; of two pages). T iE FOREGOING P �SOLUi'TOi is annroved and si ned by Tae this 12th day of July, 1977 C HA _ "-IA1v A14HEI1i REDLVE;LOPP!ENT AGE 1 ATTES SECRETARY AilArlt�It1 i�i;DLVE�LOP1 /iL - !r2 AGENCY '`ES :jh STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LINDA D. ROBERTS, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA77 -49 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 12th day of July, 1977, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Kaywood, Kott, Roth and Thom NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Seymour AND I FURTJIER CERTIFY that the Chairman of the Anaheim Redevelopment Agency approved and signed said Resolution on the 12th day of July, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 12th day of July, 1977. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL) 7/12/77 NOTICE INVITING BIDS ON $30,000,000 TAX ALLOCATION BONDS OF THE ANAHEIM REDEVELOPMENT AGENCY NOTICE IS HEREBY GIVEN that sealed proposals for the purchase of $30,000,000 par value tax allocation bonds of the Anaheim Redevelopment Agency will be received by said Agency at the place and up to the time below specified. TIME: Wednesday, July 27, 1977 10:00 o'clock A.M. PLACE: Council Chambers City Hall 204 East Lincoln Avenue Anaheim, California MAILED BIDS: Mailed bids should be addressed to: Anaheim Redevelopment Agency c/o Linda D. Roberts, Secretary City Hall 204 East Lincoln Avenue Anaheim, California 92803 OPENING OF BIDS: The bids will be opened at the time and place shown above and will be presented to the Agency at its meeting to be held later on the same date at the same place. ISSUE: $30,000,000 designated "Redevelopment Project Alpha Tax Allocation Bonds, Series A," consisting of 6,000 bonds, numbered A -1 to A -6000, both inclusive, of the denomination of $5,000 each, dated August 1, 1977. MATURITIES: The bonds will mature in consecutive numer- ical order on August 1 in the amounts for each of the several years as follows: Principal Principal Year Amou Y ear Am ount 1981 .. $ 620,000 1987 .. $ 890,000 1982 .. 655,000 1988 .. 945,000 1983 .. 700,000 1989 .. 1,005,000 1984 .. 740,000 1990 .. 1,065,000 1985 .. 790,000 1991 .. 1,135,000 1986 .. 835,000 2003 .. 20,620,000 INTEREST: The bonds shall bear interest at a rate or rates to be fixed upon the sale thereof but not to exceed 8% per annum, payable semiannually on February 1 and August 1. PAYMENT: Said bonds and the interest thereon are payable in lawful money of the United States of Amer- ica at the corporate agency division of Bank of America Na- tional Trust and Savings Association, Fiscal Agent for the Agency, in Los Angeles, California, or, at the option of the holder, at the office of any Paying Agent of the Agency in Los Angeles or San Francisco, California, New York, New York, or Chicago, Illinois. REGISTRATION: The bonds will be coupon bonds regis- trable as to principal only or as to both principal and interest, and the form of registration may be changed, and any registered bond may be discharged from registration, all in the manner and with the effect set forth in the resolution providing for the issuance of the bonds (herein- after referred to as the "Resolution ") adopted on July 12, 1977. REDEMPTION: The bonds maturing on or prior to August 1, 1987, shall not be subject to call or redemp- tion prior to maturity. The bonds maturing on or after August E: eURBIT - - -- - - -• A ...........:.. Pu .-- - -.... ... .. a ..... R ... 1, 1988, may be called before maturity and redeemed at the option of the Agency on August 1, 1987, or on any interest payment date thereafter prior to maturity, from any source of funds, as a whole or in part in inverse order of maturity and by lot within a maturity, at the following premiums (percentage of par value) : Redemption Dates Premium August 1, 1987 and February 1, 1988 ...... 2%% August 1, 1988 and February 1, 1989 ...... 2 % August 1, 1989 and February 1, 1990 ...... 1 %, % August 1, 1990 and February 1, 1991 ...... 1 % August 1, 1991 and February 1, 1992 ...... %% August 1, 1992 and thereafter ............ 0 % PURPOSE The bonds are to be issued by the Agency under OF ISSUE- and pursuant to the Community Redevelopment Law of the State of California ( Part 1 of Divi. s'on 24 of the Health and Safety Code) to aid in financing a redevelopment project in the City of Anaheim, known as Redevelopment Project Alpha. SECURITY: The bonds are payable, both principal and in- terest, solely from Tax Revenues (as defined in the Resolution) and from certain other limited funds as pro- vided in the Resolution. The bonds are not obligations of the City of Anaheim or the State of California. TERMS OF SALE Interest Rate: The maximum rate bid may not exceed 8% per annum, payable semiannually. Each rate bid must be a multiple of 1 /a or 1/20 of 1%. No bond shall bear more than one interest rate, and all bonds of the same maturity shall bear the same rate. Each bond must bear interest at the rate specified in the bid from its date to its fixed maturity date. Only one coupon will be attached to each bond for each installment of interest thereon, and bids providing for addi- tional or supplemental coupons will be rejected. The rate on any maturity or group of maturities shall not be more than 1 1 /2% higher than the interest rate on any other maturity or group of maturities. 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 accrued interest to the date of delivery, the purchase price, which shall not be less than 98% of par, and the interest rate or rates at which the bidder offers to buy the 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; Bond Printing: The bonds will be awarded to the highest responsible bidder or bidders considering the interest rate or rates specified and the premium or discount offered, if any. The highest bid will be determined by deducting the amount of the premium bid (if any) from, or adding the amount of the discount (if any) to, the total amount of interest which the Agency 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 to the bidder or bidders offering the lowest net interest cost to the Agency. The pur- chaser 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 Agency. 7/12/77 Right of The Agency reserves the right, in its discretion, to Rejection: reject any and all bids and to the extent not prohibited by law to waive any irregularity or informality in any bid. Prompt The Agency will take action awarding the bonds Award: or rejecting all bids not later than 26 hours after the time herein prescribed for the receipt of pro- posals; provided that the award may be made after the expira- tion of the specified time if the bidder shall not have given to the Agency notice in writing of the withdrawal of such proposal. Place of Delivery of said bonds will be made to the De ivery and successful bidder at the principal office of the Funds for Fiscal Agent in Los Angeles, California, or at Payment: such. other place as may be agreed upon by the successful bidder and the Treasurer of the Agency. Payment for the bonds shall be made in Federal Reserve Bank funds or other immediately available funds. Prompt Deliverv; It is expected that said bonds will be de- Cancellation for livered to the successful bidder on or about Late Delivery: August 17, 1977. The successful bidder shall have the right, at his option, to cancel the contract of purchase if the Agency shall fail to execute the bonds and tender them for delivery within 60 days from the date herein fixed for the receipt of bids, and in such event the successful bidder shall be entitled to the return of the check accompanying his bid. The Agency expects to make such delivery in the form of definitive bonds, but reserves the right to make such delivery in the form of temporary bonds, ex- changeable for definitive bonds, at no cost to the purchaser. Form of Bid: Each bid, together with the bid check, must be in a sealed envelope, addressed to the Agency, with the envelope and bid clearly marked "Proposal for Rede- velopment Project Alpha Tax Allocation Bonds." Bid Check: A certified or cashier's check on a responsible bank or trust company in the amount of $250,000, payable to the order of the Agency, 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 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 Agency, shall then be cashed and the proceeds retained by the Agency. The check accompanying each unaccepted proposal will be returned promptly. Change in At any time before the bonds are tendered for Tax Exempt delivery, the successful bidder may disaffirm Status: and withdraw the proposal if the interest re- ceived 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 Internal Revenue Service or by a decision of any federal court, or shall be declared taxable or be required to be taken into account in computing any federal income taxes, by the terms of any federal income tax law enacted subsequent to the date of this notice. Closing Papers; Each proposal will be understood to be con - Legal Opinion: ditioned upon the Agency furnishing to the purchaser, without charge, concurrently with payment for and delivery of the bonds, the following closing papers, each dated the date of delivery: EXHIBIT .......... >1�....:.. . R u ......... ...... G F ..... . -. �:. .. (a) The opinion of O'Melveny & Myers of Los Angeles, California, Bond Counsel, approving the validity of the bonds and stating that interest on the bonds is exempt from income taxes of the United States of America under present federal income tax laws, and that such interest is also exempt from personal income taxes of the State of California under present state income tax laws. (A copy of said opinion of O'Melveny & Myers, certified by an officer of the Agency by facsimile signature, will be printed on the back of each bond. No charge will be made to the purchaser for such printing or certification.); (b) A certificate of the Agency certifying that on the basis of the facts, estimates and circumstances in existence on the date of issue, it is not expected that the proceeds of the bonds will be used in a manner that would cause the bonds to be arbitrage bonds; (c) A certificate of the Agency signed by officers and representatives of the Agency certifying to the following: (1) that said officers and representatives have signed the bonds, whether by facsimile or manual signature, and that they were respectively duly authorized to execute the same; and (2) that there is no litigation threatened or pending affecting the validity of the bonds; (d) The receipt of the Agency showing that the pur- chase price of the bonds, including interest accrued to the date of delivery thereof, has been received by the Agency. Official The Agency will furnish to the successful bidder Statement: as many copies of the Official Statement as said bidder shall request. No charge will be made to the successful bidder for the first 300 copies of the Official Statement. The Agency will deliver to the successful bidder, at the time of delivery of the bonds, a certificate of the Executive Director of the Agency, acting in his official and not his personal capacity, to the effect that at the time of the sale of the bonds and at all times subsequent thereto up to and including the time of the delivery of the bonds, the Official Statement relating to the bonds did not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circum- stances under which they were made, not misleading. CUSIP Numbers: It is anticipated that CUSIP numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor error with respect thereto shall constitute cause for failure or refusal by the purchaser thereof to accept delivery of and pay for the bonds in accordance with the terms of the purchase contract. All expenses of printing CUSIP numbers on the bonds shall be paid by the Agency, but the CUSIP Service Bureau charge for the assignment of said numbers shall be paid by the purchaser. INFORMATION Requests for information concerning the AVAILABLE,: Agency should be addressed to Municipal Department, Blyth Eastman Dillon & Co. Incorporated, 555 California Street, San Francisco, California 94104. GIVEN by order of the Anaheim Redevelopment Agency, adopted July 12, 1977. Secretary of the Anaheim Redevelopment Agency