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HomeMy WebLinkAboutParking Authority - 6 frr 4' r RESOLUTION N0. 6 A RESOLUTION OF THE PARKING AUTHORITY FOR THE CITY OF HUNTINGTON BEACH AUTHORIZING THE PUBLI- CATION OF NOTICE INVITING BIDS ON 1968 PARKING REVENUE BONDS OF THE PARKING AUTHORITY OF THE CITY OF HUNTINGTON BEACH. WHEREAS, the Parking Authority for the City of Huntington Beach -has ad.opted. Resolution No. 5 authorizing the issuance of parking revenue bonds in the amount of $2,300,000.00, and. said.. Parking Authority does desire to publish notice that such bond.s are being issued. and. to invite bids for the purchase of said. ,bonds, NOW, THEREFORE, the Parking Authority for the City of Huntington Beach does hereby resolve as follows : 1. That the date for opening bids for the purchase of said, bonds shall be October 21, 1968 at the hour of 2 :00 o ' clock P.M. or as soon thereafter as may be feasible; 2. That the Notice Inviting Bids attached, hereto and. marked. Exhibit ' "A" shall be published. at least once in the Huntington Beach News, a newspaper of general circulation in the City of Huntington Beach, and, shall be distributed. to potential bid.d.ers in such manner as the Secretary of the Parking Authority d.eems advisable. PASSED,AND ADOPTED this 30th day of September, 1968. PARKING AUTHORITY FOR THE ITY OF HUNTI BEACH By Chairman BY 6 Acting Secretary EXHIBIT "A" 9/23/68 NOTICE INVITING BIDS ON 1968 PARKING REVENUE BONDS OF THE PARKING AUTHORITY OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that sealed proposals for the purchase of $2,300,000 par value 1968 PARKING REVENUE BONDS OF THE PARKING AUTHORITY OF THE CITY OF HUNTINGTON BEACH functioning by resolution of the City Council of the City of Huntington Beach in accordance with the provisions of the Parking Law of 1949 will be received by the governing body of said Authority at the place and up to the time below specified. TIME: 2:00 o'clock P.M. Pacific Standard Time October , 1968i PLACE: Office of City Clerk City Hall Huntington Beach, California MAILED BIDS: Mailed bids should be addressed to: Clerk of the Authority Office of the City Clerk City Hall Huntington Beach, California OPENING OF BIDS: The bids will be received by the Clerk of the Authority on October-F3 , 1 968, at 2:00 o'clock P.M. (P.S.T.) at the Office of the City Clerk of the City of Huntington Beach, California. The bids will be opened by the Clerk of the Authority immediately following receipt and will be presented to the governing body of the Authority later during said day. ISSUE: $2,300,000 designated "1968 Parking Revenue Bonds of the Parking Authority of the City "of Huntington Beach," consisting of 460 Bonds, numbered 1 to 460 both inclusive, of the denomination of $5,000 each, dated September 1, 1968. MATURITIES: The Bonds will mature on September 1 in each year and mature in the amounts and on the dates as follows: Maturity Principal Maturity Principal Date Amount Date Amount 1970........................ $ 45,000 1982------------------------ $ 90,000 1971........................ 50,000 1983......_..___._.__....__. 95,000 1972------------------------ 55,000 1984---------------.-------- 105,000 1973________________________ 55,000 1985------------------------ 110,000 1974------------------------ 60,000 1986------------------------ 115,000 1975........................ 65,000 1987------------------------ 120,000 1976------------------------ 65,000 1988------------------------ 125,000 1977------------------------ 70,000 1989------------------------ 135,000 1978........................ 75,000 1990------------------------ 140,000 1979------------------------ 80,000 1991------------------------ 150,000 1980........................ 85,000 1992------------------------ 160,000 1981________________________ 85,000 1993........................ 165,000 1 9/23/68 INTEREST: The Bonds shall bear interest at a rate or rates to be fixed upon the sale thereof but not to exceed six percent (6%) per annum, payable semiannually on the first day of March and the first day of September in each year. PAYMENT: Said Bonds and the interest thereon will be payable in lawful money of the United States of America at the office of the Fiscal Agent, Bank of America National Trust and Savings Association in the City of Los Angeles, California, or at the option of the holder, at any paying agency of the Authority in Chicago, Illinois or New York, New York. REGISTRATION: The Bonds will be issued as coupon Bonds registrable only as fully registered Bonds as to both principal and interest, and the form of registration may be changed, or the Bonds discharged from registration, all in accordance with the provisions in the Resolution Providing for the Issuance of the Bonds. REDEMPTION PROVISIONS: Bonds maturing on or prior to September 1, 1979, are not subject to call and redemption prior to maturity. Bonds maturing on or after September 1, 1980, are subject to call and redemption prior to maturity and by bond number, from funds derived by the Authority from any source, on September 1, 1979, or on any interest payment date thereafter, upon payment of a redemption price equal to the principal amount thereof plus a premium (percentage of par value) equal to one-fourth of one percent for each year or fraction of a year from the redemption date to the maturity date of the Bonds, but in no event shall the premium exceed three and one-half percent (31/2%). In the event of loss of or substantial damage to or condemnation of the whole or any substantial part of the Project, all or any part of the Bonds may be redeemed at any time by payment of the total principal amount and accrued interest to the date of redemption plus a premium as set forth above, but applied to all outstanding bonds whether callable or not. PURPOSE OF ISSUE: The proceeds from the sale of 1968 Parking Revenue Bonds of the Parking Authority of the City of Huntington Beach will be used for the construction and financing of public parking facilities. �S�'2o�---- - -'— SECURITY: These Revenue Bonds are issued pursuant to the Parking Law of 1949 (Part 2 of Division 18, § seq. of the Streets'and Highways Code of the State of California). These Bonds and the interest hereon (to the extent set forth in the Resolution) are payable from, and are secured by a charge upon the Pledged Revenues derived by the Authority from the Project. The term "Pledged Revenues" as used in the Resolution shall include: all rentals payable by the City to the Authority under the terms of the Lease Agreement, all moneys credited upon rentals as provided in the Lease Agreement or in this Resolution, all gross revenues, if any, received by the Authority from the re-letting or operation of the Project, and any other moneys which under this resolution are required to be placed in the Bond Service Fund. Bond principal and interest coming due each year are payable from annual lease payments for use of the facilities payable by the City. Under the terms of the Lease Agreement, the City agrees to pay the Authority an annual fixed rental which will be sufficient to pay bond principal and interest plus additional rental in an amount sufficient to meet other necessary expenses of the Authority. The City has agreed to make appropriations in its annual budget for the amount of the rental and a reasonable estimate of additional rental. These Bonds are a special obligation of the Authority only, and are not a debt, liability or obli- gation of any other public agency, or a.lien or charge against the property or funds of the Authority, except to the extent of the Pledged Revenues, as provided by the Resolution pursuant to which the Bonds are issued. Neither the payment of the principal of these Bonds or any part thereof nor any interest thereon constitutes a debt, liability or obligation of the City of Huntington Beach or the State of California. 2 9/23/68 TERMS OF SALE INTEREST RATE: The maximum rate bid may not exceed six percent (6%) per annum, payable semiannually on the first day of March and the first day of September in each year. Each rate bide must be a multiple of 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 additional or supplemental coupons will be rejected. The rate on any maturity or group of maturities shall not be more than two percent (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 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 bidder 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 Authority 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 Authority. The purchaser must pay accrued interest from the date of the Bonds to the date of delivery computed on a 360-day year basis. The cost of printing the Bonds will be borne by the Authority. RIGHT OF REJECTION: The Authority reserves the right, in its discretion, to reject any and all bids and to the extent not prohibited by law to waive any irregularity or informality in any bid. PROMPT AWARD: The Authority will take action awarding the Bonds or rejecting all bids not later than twenty-six (26) hours after the time herein prescribed for the receipt of proposals; provided that the:award may be made after the expiration of the specified time if the bidder shall not have given to the governing body notice in writing of the withdrawal of such proposal. PLACE OF DELIVERY: Delivery of said Bonds will be made to the successful bidder at. Jeffries Banknote Company, 1330 West Pico Boulevard, Los Angeles, California, or at such other place agreeable to both the successful bidder and the Authority. Payment for said Bonds shall be made in cash or certified'or cashier's check or other comparable funds. PROMPT DELIVERY; CANCELLATION FOR LATE DELIVERY: Subject to the next suc- ceeding paragraph regarding temporary bonds, the successful bidder shall have the right, at his option, to cancel the contract of purchase if the Authority shall fail to execute the bonds and tender them for delivery prior to November 5, 1968, and in such event the successful bidder shall be entitled to the return of the deposit accompanying his bid. The right is reserved by the Authority to deliver temporary bonds to the extent permitted by law in order to make delivery of the bonds prior to November 5, 1968, and the successful bidder shall be required to accept the same as good delivery under this notice. In the case of delivery of temporary bonds, definitive bonds shall be issued in place of temporary bonds within thirty (30) days from the date of delivery of the temporary bonds. Temporary and definitive bonds shall be issued only to the original purchaser of the bonds. The form .and provisions of temporary bonds shall be sufficient if they refer to the Resolution of Issuance, set forth the interest rates at which the bonds were awarded and provide that they are exchangeable for definitive bonds in accordance with this notice. FORM OF BID: Each bid, together with the bid check, must be in a sealed envelope, addressed to the Clerk of the Authority with the envelope and bid clearly marked "Proposal for the 1968 Parking 3 9/23/68: Revenue Bonds of the Parking Authority of the City of Huntington Beach." Each bid must be in accordance with the terms and conditions set forth in this notice and must be submitted on, or in substantial accordance with the bid form provided by the Authority. BID CHECK: A certified or cashier's check on a responsible bank or trust company in the amount of $25,000 payable to the order of the Authority 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 Authority, shall then be cashed and the proceeds retained by the Authority. 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 withdraw 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 Internal Revenue Service or by a .decision of any federal court, or shall be declared taxable by the terms of any federal income tax law enacted subse- quent 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 time of delivery of the Bonds, at the expense of the Authority. A copy of such opinion, certified by an officer of the Authority by his facsimile signature will be printed on the back of each Bond. No charge will be made to the purchaser for such printing or certification. NO LITIGATION CERTIFICATE: At the time of payment for and delivery of said Bonds, the Authority will furnish the successful bidder a certificate that there is no litigation pending affecting the validity of the Bonds. INFORMATION AVAILABLE: For details as to the items referred to in this notice prospective bidders are invited to examine the Official Statement and the Legal Documents authorizing the issuance of the Bonds. Any requests for such documents and other information concerning the Authority and this proposed financing should be addressed to: Stone & Youngberg Municipal Financing Consultants 1314 Russ Building San Francisco, California 94104 GIVEN by order of,the governing body of the Parking Authority of the City of Huntington Beach; California, adopted __Sep .4___30___, 1968. Acting Secre "a,ry AM&X df the Authority BID FOR THE PURCHASE OF Approved as to form 1968 Parking Revenue Bonds of the Parking Authority of the City of Huntington Beach Ass't. City Attorney 4 9/23/68 Parking Authority of the City of Huntington Beach c/o Clerk of the Authority Office of the City Clerk Huntington Beach, California In behalf of a group which we have formed, consisting of and pursuant to the notice inviting proposals hereinafter mentioned, we offer to purchase $_________________ principal amount, all or none, of the Bonds designated as "1968 Parking Revenue Bonds of the Parking Authority of the City of Huntington Beach," particularly described in said notice, with interest rates as set forth in the following schedule, entitled "Schedule of Interest Rates," and to pay therefor the par value thereof plus a premium of $---------------- (making an aggregate sum of $--------------------) plus interest accrued on such Bonds to the date of delivery thereof. Maturity Principal Interest Maturity Principal Interest Date Amount Rate Date' Amount Rate 1970-------------------- $ 45,000 1982-------------------- $ 90,000 1971____________________ 50,000 1983-------------------- 95,000 1972-------------------- 55,000 1984-------------------- 105,000 1973____________________ 55,000 1985-------------------- 110,000 1974-------------------- 60,000 1986-------------------- 115,000 1975____________________ 65,000 1987-------------------- 120,000 1976------------_------- 65,000 1988-------------------- 125,000 1977-------------------- 70,000 1989------------,------- 135,000 1978____________________ 75,000 1990-------------------- 140,000 1979____________________ 80,000- 1991--------------...._. 150,000 1980-------------------- 85,000 1992-------------------- 160,000 1981____________________ 85,000 1993-------------------- 165,000 This proposal is made subject to all the terms and conditions heretofore published, all of which terms and conditions are made a part hereof as fully as though set forth in full in this proposal. This proposal is subject to acceptance within not less than twenty-six (26) hours after the expira- tion of the time for the receipt of proposals, as specified in the said notice inviting proposals. There is enclosed herewith a `k-------------------------------- check for $25,000, payable to the order of the Parking Authority of the City of Huntington Beach. * Insert "certified" or "cashier's". 5 9/23/68 . There is.submitted herewith a memorandum (which shall not constitute a part of this proposal) stating the exact total amount of interest payable on the Bonds, during the life of the issue, under this proposal. MEMORANDUM OF INTEREST REQUIREMENTS (For Information Purposes Only) 1968 Parking Revenue Bonds of the Parking .Authority of the City of Huntington Beach The exact total amount of interest payable on the Bonds during the life of the issue under the above proposal is $----------------------------- Net interest rate is ____________________.___. 6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS : CITY OF HUNTINGTON BEACH ) I. ERNESTINA 'DI FABIO, Acting Secretary of the Parking Authority of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Parking Authority of the City of Huntington Beach at a meeting of said Parking Authority held on the 30th day of September, 1968, by the following vote : AYES : Councilmen : Shipley, Bartlett, McCracken, Kaufman, .Matney, Breen, Coen NOES : Councilmen : None ABSENT : Councilmen: None ('Ming Secretary of .the Parking Authority of the City of Huntington Beach, California i n