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HomeMy WebLinkAbout1968-02-07; Municipal Water District; Resolution 215RESOLUTION NO. 2 15 RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT DECLARING ITS INTENTION TO SELL BONDS OF SAID DISTRICT FOR IMPROVEMENT DIS- TRICT NO. 2 THEREOF IN THE AMOUNT OF $125,000 AND FIXING TIME AND PLACE FOR TAKING BIDS AND DIRECTING PUB- LICATION OF NOTICE INVITING BIDS. WHEREAS, this Board of Directors deems it proper and the necessity therefor appears that bids be invited for $125,000.00 bonds of CARLSBAD MUNICIPAL WATER DISTRICT FOR IMPROVEMENT DISTRICT NO. 2 (said amount being part of the $900,000 authorized at an election held in said Improvement District on November 19, 1957) ; NOW, THEREFORE, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT does hereby RESOLVE, DETERMINE AND ORDER as follows: Section 1. That sealed proposals for the pur- chase of said $125,000 bonds be received by this Board of Directors at its meeting place, 5780 El Camino Real, Carlsbad, California, up to the hour of 2:OO o'clock P.M., Pacific Standard Time, March 20, 1968, and in the manner contained in the notice set forth herein. Section 2. That the Secretary of this Board is hereby authorized and directed to publish notice inviting c such sealed proposals once in the CARLSBAD JOURNAL, a newspaper of general circulation, circulated within said district, said publication to be at least ten (10) days prior to the date of opening bids stated in said notice. Section 3. That the Secretary of this Board is hereby authorized and directed to cause to be furnished to prospective bidder copies of the notice inviting pro- posals and of an official statement relating to the properties, operations and finances of said district, but failure in whole or in part to comply with this sec- tion shall not in any manner affect the validity of the sale. Section 4. That said notice shall be substan- tially as follows: 2 c I 1 i .. ! NOTICE INVITING BIDS ON $125,000 GENERAL OBLIGATION BONDS OF CARLSBAD MUNICIPAL WATER DISTRICT FOR IMPROVEMENT DISTRICT NO. 2. NOTICE IS HEREBY GIVEN that sealed proposals for the purchase of $125,000.00 par value general obligation bonds of CARLSBAD MUNICIPAL WATER DISTRICT FOR IMPROVEMENT DISTRICT NO. 2 of San Diego County, California, will be received by the Board of Directors of said district at the place and up to the time below specified: TIME : Wednesday, March 20, 1968 2:OO o'clock P.M. Pacific Standard Time. PLACE : Meeting Place of the Board of Directors, 5780 El Camino Real Carlsbad, California. MAILED Mailed bids should be addressed BIDS : to the district, c/o William Carmichael, Secretary Carlsbad Municipal Water District 5780 El Camino Real Carlsbad, California. ISSUE: $125,000 consisting of bonds numbered 1 to 125, both inclusive, of Le denomination of $1,000 each, all dated May 1, 1968, designated "ELECTION 1957, SERIES 3" (being part of an issue of $900,000 authorized at an election held in said Improvement District No. 2 on November 19, 1957). 3 MATURITIES: The bonds will mature in consecutive numerical order on May 1 in the amounts for each of the several years as follows: c Principal Amount $ 5,000 5,000 5,000 5,000 5,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 Year 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 INTEREST: The bonds shall bear interest at a rate or rates to be fixed upon the sale thereof but not to exceed 5% 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 office of the Treasurer of the District, Carlsbad, California, or at the main office of Bank of America National Trust and Savings Association in Los Angeles, California, or San Francisco, California, or at any fiscal agency of the district in Chicago, Illinois, or New York, New York, at the option of the holder. 4 REGISTRATION: registerable only as to NOT CALLABLE: maturity. The bonds will be coupon bonds both principal and interest. The bonds are not callable before PURPOSE OF ISSUE: Said bonds were authorized for the acquisition and construction of water transmission pipe- lines with appurtenances and appurtenant works. SECURITY: Said bonds are issued pursuant to the provisions of the Municipal Water District Act of 1911. Under said Act if the revenues of the district or of the improvement district are or in the judgment of the Board of Directors will probably be inadequate for any cause to pay the principal of or interest on these improvement dis- trict bonds as it becomes due the Board of Directors must cause a tax to be levied as provided in said Act upon the taxable property within the improvement district sufficient to pay the amount of such principal and interest as will become due before the proceeds of a tax levied at the next general tax levy will be available. 5 TERMS OF SALE Interest Rate: The maximum rate bid may not exceed 5% per annum, payable annually the first year and semiannually thereafter. of 1/8 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 rate bid must be a multiple 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 the total price offered for the bonds, 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, and accrued interest to the date of delivery. 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 total price offered, the interest rate or rates specified and the premium offered, if any. The net cost to the district on any bid or bids offering par 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. The net cost to the district on any bid or bids offering less than 6 P c par will be determined by adding to 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 the amount of the discount bid. The award will be made to the bidder or bidders offering the lowest net cost to the district. In the event that two or more bidders have bid the same total cost to the district the bid offering the highest price for the bonds will be considered the best bid, unless each bid has the same price, in which case the award shall be made by lot. Interest shall be computed on a 360- day year basis. the date of the bonds to the date of delivery. The cost of printing the bonds will be borne by the district. The purchaser must pay accrued interest from Prompt Award: The district will take action award- ing the bonds or rejecting all bids not later than twenty-six hours after the expiration of 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 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 District, or at any place agreeable to both the Treasurer of the district and the successful bidder. Prompt Delivery, Cancellation for Late Delivery: It is expected that said bonds will be delivered to the successful bidder within forty days from the date of sale thereof. The successful bidder shall have the right, at 7 P c- 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: Each bid, together with the bid check, must be in a sealed envelope, addressed to the dis- trict, with the envelope and bid clearly marked: "PROPOSAL FOR CARLSBAD MUNICIPAL WATER DISTRICT - IMPROVEMENT DISTRICT NO. 2, ELECTION 1957, SERIES 3 BONDS." Bid Check: A certified or cashier's check on a responsible bank or trust company in the amount of $5,000 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 pro- posal 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 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 8 c. 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. 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 litiga- tion pending affecting the validity of the bonds. INFORMATION AVAILABLE: Requests for information concerning the district should be addressed to: William Carmichael Carlsbad Municipal Water District 5780 El Camino Real Carlsbad, California GIVEN by order of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT. ADOPTED on FEBRUARY 1, , 1968. ._.- WILLIAM CARMICHAEL, "Secretary of the Board of Directors of Carlsbad Municipal Water District. 9 r ADOPTED, SIGNED AND APPROVED this ~ 7th day of FEBRUARY , 1968. President of thdh oard of Directors of Carlsbad M)n/ndipal Water District. ATTEST : Secretary of the Board of Directors of Carlsbad Municipal Water District i (SEAL) 10 I i STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. I, WILLIAM CARMICHAEL, Secretary of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Board of Directors of said District at a regular meeting of said Board held on the fth day of FEBRUARY, , 1968, and that it was adopted by the following vote: AYES : Directors CARMICHAEL, KELLY, MAC LEOD, MAERKLE AND PALMER NONE NOES : Directors ABSENT: Directors NONE I Secretary of Carlsbad Munidipal Water District and of the Board of Directors thereof. I (SEAL) 11