Loading...
80R-039 11, ~. i E.Y#/8/T ~ o I QTYl10F ANAHEIM, CALIFORNIA $7,350,000 WAl'tR REVENUE BONDS, 1980 SERIES OFFI(f:IAL FORM OF PROPOSAL and NOTICE OF SALE o . i q.te of Sale: February 26, 1980 , ~ \p l4 r T i~ I I ~. ~. S7,35OtQOO WATER REVENUE BONDS, 1980 SERIES PriIIci,.. ~ti S 100,00(> 110.000 115,000 125,00(> 135.00(> 150,00(1 160,00C> 175,000 185,(04) 200,~ IIItenIt Rate Matwity Date JIIIy 1 1991 1992 1993 1994 1995 1996 1997 1998 1999 2005 OFFICIAL FORM OF PROPOSAL FOR OF THE CITY OF ANAHEIM, CALIFORNIA February..... 1980 Ms. Linda D. Roberts City Clerk City Hall 204 East Lincoln Avenue Anaheim, California 92805 Dear Ms. Roberts: In behalf of a group WhiCj we have fonned, consisting of the firms named on the attached list, and subject to the provisions of. an in accordance with the terms of this Official Form of Proposal, and of the attached N. otice of Sale dated J. ~uary 29, 1980 (the "Notice of Sale"), which is hereby made a part of this Proposal. we offer to purchase it of the $7,350,000 Water Revenue Bonds, 1980 Series (herein called the "1980 Series Bonds"). of the C ty of Anaheim, California (herein called the "City"). to be issued pursuant to the Constitution and laws o( the State of California, including particularly the Revenue Bond Law of 1941 (Chapter 6, Part 1, DivisfQn 2, Title 5 of the Government Code), the City Charter and procedural Ordinance No. 2933, and und,r and pursuant to the resolution authorizing issuance of the 1980 Series Bonds (herein called the "Reso~tion") to be adopted following the award of the 1980 Series Bonds, at the price of ............................................................................................ Dollars (S...........................) plus interest accrued thereon to the date ohheir delivery. SCHEDULE OF INTEREST RATES The 1980 Series Bonds sh.11 bear interest at the rates set forth in the following schedule: r't Ma&W'ity Date ~ 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 PriIIcipal A_t (nterest Rate S 215,000 235,000 255,000 275,000 295,000 320,000 345.000 370,000 400.000 3,185.000 We enclose herewith a certified or cashier's check drawn upon a bank or trust company in the City of New York or the State of Califtmia payable to the order of "City of Anaheim", in the amount of $73,500 as a good faith deposit. It shall be a condition of our obligation as successful purchaser(s) to accept delivery of and pay for the 1980 Series Bonds that, conten;poraneously with or before accepting the 1980 Series Bonds and paying therefor, we shall receive the CI4s(ng Documents specified in the Notice of Sale. each dated the date of such delivery. ~j ~ ~. ~ I ! There is submitted herewi,h a Statement (which shall not constitute a part of this Proposal) of the total amount of interest payable on ~hie 1980 Series Bonds during the life of the issue under this Proposal and the effective interest rate thereon. We hereby request that .................. copies of the Official Statement be furnished to us in accordance with the 'Notice of Sale. If the foregoing is accept4ble to you, please signify by signing and returning a copy of this Proposal: whereupon it will become a b~ing agreement between us. Very truly yours, By Accepted and agreed to ............................ 1980 City of Anaheim. California By /~""t , i 2 L 1 ~ """" LIST OF SYNDICATE MEMBERS (Sultjec~ 10 Change Prior to Deli"ery of 1980 Series Bonds) .~~ ! /~ , ''1 3 i I r /"""\. f~ STATEMENT OF' TOTAL INTEREST AND EFFECfIVE INTEREST RATE The total amount of inter,st payable on the 1980 Series Bonds during the lifc of the issue under this Proposal. without deducting th~premium bid, if any, or adding the discount bid, if any, is $....................... . For the purpose of determiningj such amount of interest, the 1980 Series Bonds are deemed to mature in the amounts and on the dates set f~rth in the schedule of Sinking Fund Installments contained in the Notice of Sale. Effective interest rate for t~e 1980 Series Bonds calculated as described in the Notice of Sale is .........%. This Statcment is for infQrmation purposes only and is not a part of the above Proposal. f~ 4 bj ~ r", ~ NOTICE OF SALE ,'[ OF S7,3S;."ooo WATER REVENUE BONDS, 1980 SERIES OF THE CITY OF ANAHEIM, CALIFORNIA SEALED PROPOSALS r<>r the purcha,c of S7,350,000 Water Revenue Bonds, 1980 Series (herein called the "1980 Series Bond.") of the City of Anaheim, California (herein called the "City") will be received on behalf of the City pn February 26, 1980, at the office of the City Clerk, First Floor. City Hall. 204 East Lincoln Avenue, AI$heim, California, until 10:00 a.m. (Anaheim time). The 1980 Series Bonds arq Co be issued pursuant to the Constitution and laws of thc State of California, including particularly the Retenue Bond Law of 1941 (Chaptcr 6, Part 1, Division 2, Title 5 of the Government Code), the City ~barter and procedural Ordinance No. 2933, and under and pursuant to the resolution aotborizing issuane of ,be 1980 Series Bonds (berein coUed tbe "Resolution") to be adopted following the award of the 19 . . Series Bonds. The 1980 Series Bonds will be secured on a parity with the $1,l55,OOO outstanding princital amount of Water Revenue Series 1971 Bonds. The 1980 Series Bonds ar~ being issucd to finance the acquisition and construction of certain additions to and improvements of the ~ter System of the City. The 1980 Series Bonds comprise the first series of $14,000,000 principal amount Of water revenue bonds authorized by the voters at a special election held on November 7, 1978. The 1980 Series Bonds wi,1 be dated and bear interest from January 1. 1980, payable on July 1, 1980 and semiannually thereafter o~ January I and July 1 in each year, at the rate or rates specified in such proposal as may be acccpted, _JIId will maturc as follows: MA TURITY SCHEDULE Maturity Dale A-..t Matwity Date A-.nt July I Matwinl July I Maturing 1981 SIOO,Ooo 1991 $ 215,000 1982 110,000 1992 235,000 1983 115,000 1993 255,000 1984 125,000 1994 275,000 1985 135,000 1995 295,000 1986 150,000 1996 320,000 1987 160,000 1997 345,000 1988 175,000 1998 370,000 1989 185,000 1999 400,090 1990 200,000 2005 3,185,000 .~. The City is obligated to rcth, by call and redemption or otherwise, the 1980 Series Bonds maturing on July I, 2005, in the minimum lunounts shown in the following table: SINKING FUND INSTALLMENTS (FOR I'" SERIES B(!)NDS MATURING JULY I, 100S) Year A-..t, Year Amount 2000......... 200 I......... 2002......... $435,ooQ 470,ooQ 505,OOQ 2003 ........ 2004......... 2005......... S545,OOO 590,000 640,000 5 ~ ~ I l r ~. f~ The 1980 Series Bonds m~turing on or after July 1, 1987 will also be subject to optional redemption prior to maturity on July 1, 1\'986 or on any interest payment date thereafter, upon published notice as provided in the Resolution, as ~ whole, or in ,art in inverse order of maturities (and in the event that less than all of the 1980 Series Bbnds of an entire maturity are redeemed, the 1980 Series Bonds of such maturity to be redeemed shall be selected by lot), on the respective redemption dates, and at the respective redemption prices (expressed ~ percentages of the principal amount of the 1980 Series Bonds or portions thereof to be redeemed) set forth below, in each case together with accrued interest to the redemption date: R........ Peri,. (.tes .....e)1 Redemption Price July I, 1986 to June 30,: 1989 .................................................................. 103% July I, 1989 to June 30, i 1992 .................................................................. 102 July I. 1992 to June 30, i 1995 .................................................................. 101 July I, 1995 and thereaf'dr ....................................................................... 100 For further information , to the 1980 Series Bonds, including the City's covenants with respect thereto, reference is hereby I114de to the Resolution and to the Preliminary Official Statement. EACH PROPOSAL MUf.T BE IN THE FORM OF THE OFFICIAL FORM OF PROPOSAL AND MUST BE A BID OF !NOT LESS THAN 98% OF PAR PLUS INTEREST ON THE 1980 SERIES BONDS ACCRUEDito THE DATE OF DELIVERY, AND MUST SPECIFY IN A MeL- TIPLE OF 1/8 OR 1/20 OF It% THE RATE PER ANNUM, NOT TO EXCEED 8%, OF INTEREST WHICH THE 1980 SERIES QONDS OF EACH MATURITY ARE TO BEAR. ONLY ONE INTER- EST RATE MAY BE SPECIfiED FOR THE 1980 SERIES BONDS OF THE SAME MATURITY. ONL Y ONE COUPON WILL BE A IT ACHED TO EACH BOND FOR EACH INTEREST PA YMENT. Each proposal must be enc\06ed in a sealed envelope and should be addressed to the City Clerk, at the address specified in the first patagraph of this Notice of Sale, and marked on the outside, in substance. "Proposal for Bonds." As a c~dition precedent to the consideration of its proposal. each bidder must enclose with it, as a good faith d~posit, a certified or cashier's check drawn upon a bank or trust company in the City of New York or the StaJe of California payable to the order of "City of Anaheim", for $73,500. No interest will be allowed on any isood faith deposit. The right is reserved to rej~ any or all proposals. The right is also reserved to waive, if permitted by law, any irregularity or inform4lity in any proposal. As between acceptable pro~als complyin, with this Notice of Sale, the 1980 Series Bonds will be sold to the highest responsible bidder,whose proposal offers to purchase all the 1980 Series Bonds at such rate or rates of interest as will produce t~e lowest effective interest rate to the City. The lowest effective interest rate will be determined in accordan4e with the "Canadian" or "true" interest cost method of calculation by doubling the semi-annual inter~t rate (compounded semi-annually) necessary to discount the debt service payments from the payment dat~ to the date of the 1980 Series Bonds and to the price bid, not including interest accrued to the date of d41ivery. For the purpose of determining interest cost, the 1980 Series Bonds maturing July I, 2005 wilJ be deemed to mature in accordance with the schedule of Sinking Fund Installments set forth herein. It is requested that each Proposal be accompanied by a statement of the total amount of interest payable on the 1980 Series Bon4s during the life of the issue under the proposal and the effective interest rate for the 1980 Series Bonds c+rnputed as specified in this Notice of Sale, but such statement is not to be considered as a part of the proPosal. Proposals will be accepted ot rejected by the City at a meeting of the City Council to be held not later than 24 hours after the expirati~n of the time for the receipt of proposals. When the Purchaser has been ascertained, the City Council wiU adopt a resolution awarding the purchase of the 1980 Series Bonds and will adopt the Resolution (substantially in the form heretofore approved) and the City Clerk or other authorized officer of the City wil~ promptly accept in writing the proposal of such Purchaser and will return all good faith deposits made to t'c persons making the same except the deposit made by the Purchaser. If the successful bid is submitted onaJehalf of more than one purchaser, the purchasers on behalf of whom such ~ i 6 t 1 ,.-... I""""'- bid is submitted will be jointly and severally obligated to purchase the 1980 Series Bonds in accordance with the Notice of Sale and their pr.,osal for the 1980 Series Bonds. The good faith deposit of the Purchaser will be applied as part payment fori the 1980 Series Bonds; or, if the Purchaser fails to comply with the terms of the proposal. will be retained aJ liquidated damages and in full satisfaction of any claims of the City against the Purchaser relating to the t ~80 Series Bonds; or if the City fails to fulfill the conditions stated in the proposal, the deposit will be re~urned. Pendin. the application of the good faith deposit of the Purchaser as aforesaid, such deposit may be invested in direct obligations of or obligations guaranteed by the united States or in repurchase agree~cnts with banks fully secured by such obligations, and the City shall be entitled to any income from any such investment. As soon as possible after ~he Purchaser is ascertained, the City will modify the Preliminary Official Statement so as to reftect the ~ffect of the proposal of the Purchaser, and the document so modified will constitute the Official Statemcflt. The City will then furnish the Purchaser with a reasonable number of copies, as required in connect~ with the rcsale of the 1980 Series Bonds, of such Official Statement. including one copy thereof sigped manually by the Mayor or other authorized official of the City. Any quantity of such copies so funiished in excess of 500 shall be at the expense of the Purchaser. The 1980 Series Bonds wi' be delivered in definitive form as couPon Bonds, registrable as to principal and interest only, in the denoiltination of $5,000 with a single coupon attached for each installment of interest thereon. Such delivery!.will be made on a date to be established by the City, but in no eVent later than 30 days after the day herc!iaabove specified for the receipt of proposals, in the City of Los Angeles or such other place as shall be ac~ptable to the City and the Purchaser, at which time the Purchaser shall pay the balance of the purchase pri~e by one or more checks payable in Federal funds to the order of "City of Anaheim". Any expense for m~king Federal funds so available shall be borne by the Purchaser. The City 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, ~xchangeable for definitive bonds. h is expected that CUSIP .umbers will be used in connection with this issue, but neither the absence of such number nor the presence or in incorrect number on any or all of the 1980 Series Bonds shall constitute reason for the Purchaser to ret\tse to accept delivery of the 1980 Series Bonds. Each proposal will be undetlstood to be conditioned upon the City's furnishing to the Purchaser. without charge, at the place of delivery,! aoncurrently with the payment for and delivery of the 1980 Series Bonds, the following Closing Docume"s, each dated the date of such delivery: (a) the opinion of O'rt1'elveny & Myers, of Los Angeles, California, bond counsel for the City. approving t,he issue as to l~. ,ality (A copy of said opinion of O'Melveny & Myers, certified by the undersigned by her facsimJle signature. will be printed on the back of each 1980 Series Bond. No charge will be made to th~ Purchaser for such printing or certification.); (b) the opinion of said tbond counsel that interest on the 1980 Series Bonds is exempt from income taxes of the United States <t America under present Federal income tax laws, and that such interest is also exempt from personaJ i~~ome taxes of the State of California under present State income tax laws: (c) the certificate of du~ General Manager of the Utilities Department of the City, evidencing compliance with Covenant II ("Limits on Additional Debt") of Resolution No. 71 R-233 (which provided for the issuance orthe Water Revenue Series 1971 Bonds) and accompanied by the report of an independent firm of cer1i6ed public accountants employed by the City; (d) the certificate of t* City Attorney of the City of Anaheim that there is no litigation pending affecting the validity of the 1980 Series Bonds; (e) the certificate of the General Manager containing a statement to the effect that at the time of the sale of the 1980 Series Bt>~ds and at all times subsequent thereto up to and including the time of the delivery of the 1980 Series Ji>nds, the Official Statement did not contain any untrue statement of a material fact or omit to sta* a material fact necessary to make the statements therein, in the light of the circumstances under wijich they were made, not misleading; .~. ,~ 7 i J ~ ,~ 1"1. , i (0 the certificate of ~he General Manager that on the basis of the facts, estimates and circum- stances in existence on th4 date of issue, it is not expected that the proceeds of the 1980 Series Bonds will be used in a manner1 that would cause the 1980 Series Bonds to be arbitrage bonds: (g) the signature certificates of the proper officers and representatives of the City, showing that they have signed the 198~ Series Bonds, whether by facsimile or by autograph, and that they were respectively duly authori~ to execute the same; and (h) the receipt of thq City Treasurer showing that the purchase price of the 1980 Series Bonds. including interest accrue~ to the date of delivery thereof. has been received by the City. For further information ~pecting the terms and conditions of the 1980 Series Bonds, bidders are referred to the form of Resol~tion. Copies of the PreliminarYIOfficial Statement (including the form of the opinion of bond counsel. the form of Resolution, this Notice/of Sale, and the Official Form of Proposal will be furnished upon application to the undersigned at the Ci~ Hall, 204 East Lincoln Avenue, Anaheim, California 92805 or to the financial Advisor to the City, Aunes J. Lowrey & Co. Incorporated, 100 Wall Street, New York, New York 10005. City Clerk of the City of Anaheim, California Dated: January 29, 1980 .t1. J- f i !. I I 8 i r-r l~ ,r\ ~ VII/8IT .B NOTICE OF INTENTION to SELL ~ONDS $7,350,000 CIT~ OF ANAHEIM, CALIFORNIA Mater Revenue Bonds 1980 Series The City ~ Anaheim, California, intends to receive sealed bids ~ntil 10:00 A.~1., Anaheim Time, on Tuesday, FEBRUARY 26, 1980 at the office of the! City Clerk, First Floor, City Hall, 204 East Lincoln Ave~. ~e, Anaheim, California, 92805, for the above Bonds date. January 1, 1980 and maturing in varying amounts on J ly 1 of the years 1981 "to 2005, inclusive. Copies of ~he complete Notice of Sale, together with copies of the Pt~liminary Official Statement to be issued in connectiontwith the sale of said Bonds, Official Form of Proposal, an~ proposed Bond Resolution may be obtained from the City Clerk, at the above address, or from the office of ~e City's financial advisor, James J. Lowrey & Co., Incorp~rated, 100 Wall Street, New York, New York, 10005. LINDA D. ROBERTS City Clerk City of Anaheim, California Dated January 29, 19$0 \~ ,-... .-. RESOLUTION NO. 80 R-39 ~ , l A RESO~GTION OF THE CITY COUNCIL OF THE CITY O~ ANAHEIM APPROVING THE TERMS AND CONDIT~QNS OF AN AGREEMENT WITH CARTER ENGINE.RING, AND AUTHORIZING AND DIRECTING THE MA10R AND CITY CLERK TO EXECUTE SAID AGREEMSNT. WHEREA~, the City of Anaheim desires to obtain professional ser~ices of Carter Engineers (hereinafter WEngineerW) in c4_nection with the redesign of the air conditioning at ~Ae Central Library and Haskett Branch in the City of Anah~im1 and WHEREA~, Engineer is qualified to render such professional engineering services to CITY, and desires to be employed for such purposes1 and WHEREAS, ENGINEER has submitted a proposal to render said prof~ssional engineering services by letter dated October 1, 1979, and signed by Harry A. Saunders1 and WHEREAS, the terms and conditions of said proposal are acceptable to the City Council of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of said proposal are hereby approved and accepted. BE IT~mRTHER RESOLVED that the Mayor and City Clerk be, and th~y are hereby, authorized and directed to execute said Agreement on behalf of the City Council of the City of Anaheim. THE FOREGOING RESOLUTION is approved and adopted by the City Coun4il of the City of Anaheim this 29thday of January, 1980. ATTEST: ,,-.... c-~ ~~~A~..~-h- ~ CITY ~LERK OF TH~. ANAHEIM ROF: j h 1>..1 "...." 1'1', STATI OF CALIFORNIA ) COUN'I'Y OF ORANGE ) s s . CITY OF ANAHEIM ) I, LIJIDA .D. ROBERTS, City i~erk of the City of Anaheiin, dohere~ycertify that the, 10... reao. iiIg Resolution!! .... 80R~39 w,. is. in trod. uced' and.. adGP. ted. '. '4,. t a regular meeti,11g provided by law, o the City ~ouncil of the City of Anaaeimheld on the 29th day of January, 1 ,80., by the' following vote of the members thereof: , c/ AYES: COUNCIL MEMBERS: 'Overholt, J(aywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: h~one ABSEIIT: COUNCIL MEMBERS: INone AND I FURTHER CERTIFY .that !11he Mayor. of the City of Anaheim signed said Resolution~o. 80R-39 on t~ 29th day of January"l980. IN WlDESS WHEREOF, I have.reunto setay hand and affixed the seal of the City of Anaheim this 29th ~y of January, 1980. CI~~~~~~ (SEAL) I, LDIDA D. ROBERTS, City qJ..erk of the City of Anaheim, do hereby certify that the foregoing is the origi~ of Resolution No. 80R-39 duly passed and adopted by the Anaheim City Councit on January 29, 1980. ~.~~~.~ . oou CITY CLERK ~ .8~j:>V u"J~'iq'{'J An~ l J )