HomeMy WebLinkAbout81-155RESOLUTION NO. 81-155
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CALLING FOR SEALED BIDS ON BONDS TO
BE ISSUED TO REPRESENT UNPAID ASSESSMENTS
UPON LANDS IN ASSESSMENT DISTRICT NO. 246
WHEREAS, pursuant to Resolution No. 81-119 adopted
July 20, 1981, and proceedings taken pursuant thereto under
and in accordance with the Municipal Improvement Act of
1913, Division 12 of the Streets and Highways Code of the
State of California, this City Council fixed and established
the boundaries of Assessment District No. 246; and
WHEREAS, the proceedings pursuant to said Municipal
Improvement Act of 1913 are being taken for the purpose of
acquiring and constructing certain public facilities in the
district; and
WHEREAS, an assessment of the proposed cost and
expense of said improvements was duly made and filed, and a
hearing was held thereon on August 27, 1981; and
WHEREAS, it is necessary and desirable that this City
Council sell bonds to be issued to represent each unpaid
assessment; and
WHEREAS, this City Council determined that pursuant
to Chapter 7 of said Municipal Improvement Act of 1913, that
said bonds would be issued pursuant to the Improvement Bond
Act of 1915, Division 10 of said Streets and Highways Code;
NOW, THEREFORE,.THE CITY COUNCIL OF THE CITY OF SANTA
ANA, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
1. That this City Council does hereby call for
sealed bids on the bonds proposed to be issued, to be
received up to the time specified in the notice set forth
below.
2. That this City Council hereby selects and speci-
fies as the date of the bond the date specified for that
purpose in the notice set forth below.
3. That the City Clerk of the City of Santa Ana
shall cause a notice inviting such bids to be given by two
publications in The Register, the first publication to be at
least ten (10) '~ before the bids are to be opened.
4. That the City hereby covenants and agrees with
the holders of the bonds herein, that the bonds shall be
enforceable and contain the terms and conditions set forth
in the notice of sale as follows:
NOTICE OF SALE
CITY OF SANTA ANA
ORANGE COUNTY, CALIFORNIA
ASSESSMENT DISTRICT NO. 246
NOTICE IS HEREBY GIVEN that sealed proposals will be
received and opened by a representative of the Clerk to the
City Council of the City of Santa Ana, Monday, November 2,
1981, at the hour of 11:00 o'clock A.M., in the offices of
the financing consultant, STONE & YOUNGBERG MUNICIPAL
FINANCING CONSULTANTS, INC., Suite 400, 1541 Wilshire
Boulevard, Los Angeles, California 90017, for the purchase
of not to exceed $3,500,000 principal amount of improvement
bonds of the City of Santa Ana, designated "Improvement
Bonds, Assessment District No. 246, City of Santa Ana",
issued under and pursuant to the "Municipal Improvement Act
of 1913" and the "Improvement Bond Act of 1915".
Proposals for the purchase of the Bonds will be made
and considered subject to the following terms and condi-
tions:
ISSUE: Not to exceed $3,500,000.
DENOMINATION: The bonds will be of the denomination of
$5,000, except for Bond No. 1, which may be issued in an
amount other than $5,000 to represent the difference between
the total amount of bonds and a multiple of $5,000.
MATURITIES: The final exact maturity schedule for the
bonds will be determined following the completion of the
cash collection period, estimated to end October 23, 1981.
After the expiration of the cash collection period and prior
to the date of delivery of the bonds, the actual aggregate
amount of bonds to be issued will be certified by the City
Treasurer. The maturity schedule will be arranged so as to
provide for approximately equal annual payments of principal
and interest, with bonds maturing on July 2nd of each year
in multiples of $5,000, except that the first maturity, due
July 2, 1983, may be in an amount other than a multiple of
$5,000. For the purposes of calculating the best bid for
the bonds, the following sample Maturity Schedule, which
assumes that bonds will be issued to represent the full
amount of proposed assessments, shall be used.
Maturity Bonds Maturity Bonds
Year Maturing Year Maturing
1983 $ 5,000 1990 $220
1984 125,000 1991 240
1985 140,000 1992 270
1986 150,000 1993 300
1987 170,000 1994 320
1988 180,000 1995 360
1989 200,000 1996 390
1997 430
000
000
000
000
000
000
000
000
DATE OF BONDS: The bonds will be dated November 15,
1981.
INTEREST RATE: The bonds shall bear interest from
their date at a rate or rates to be determined at the sale
thereof, not to exceed the current legal maximum of ten
percent (10%) per annum or the maximum allowed by law at the
time of sale, whichever is higher. Said bonds shall be
represented by coupons payable semiannually on January 2 and
July 2 in each year except the first coupon which will be
for interest from the date of said bonds to January 2, 1983.
Bidders may specify any number of separate interest rates,
and any rate may be repeated as often as desired; provided,
however, that (i) the difference between the highest and
lowest coupon rates specified in any bid shall not exceed
two percent (2%); (ii) each interest rate specified must be
in a multiple of 1/20 of 1% and a zero rate of interest
cannot be specified; (iii) no bond shall bear more than one
rate of interest, no interest payment shall be evidenced by
more than one coupon and supplemental coupons are not
permitted; (iv) each bond shall bear interest from its date
to its stated maturity date at the interest rate specified
in the bid; (v) all bonds of the same maturity date shall
bear the same interest; and (vi) any premium must be paid in
bank funds as part of the purchase price, and no bid will be
accepted which provides for the cancellation and surrender
of any interest coupon or for the waiver of interest or
other concession by the bidder as a substitute for payment
in full of the purchase price in bank funds. Bids which do
not conform to the terms of this paragraph will be rejected.
REDEMPTION: Any bond may be redeemed on any January 2
or July 2 prior to its fixed maturity date, at the option of
the Treasurer of the City of Santa Ana upon giving the
notice provided in the "Improvement Bond Act of 1915" and
upon payment of the principal amount thereof and interest
accrued thereon to the date of redemption, plus a redemption
premium of five percent (5%) of the principal amount there-
of.
PAYMENT: Both principal and interest are payable in
lawful money of the United States of America at the Office
of the Treasurer of the City of Santa Ana, Santa Ana,
California.
NEGOTIABLE: The bonds are negotiable instruments
payable to Bearer and, unless registered, title passes by
physical delivery.
EXECUTION AND REGISTRATION: Coupon bonds will be
issued by the City. The bonds will be executed by the
manual signature of at least one official authorized to
execute the bonds. The bonds are registrable only as to
both principal and interest, and after being registered are
not subject to discharge from registration.
SECURITY: The bonds herein offered for sale are issued
upon and secured by unpaid assessments together with inte-
rest thereon, and said unpaid assessments together with
interest thereon constitute a trust fund for the redemption
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and payment of the principal of the bonds and the interest
thereon, and all the bonds are secured by the monies in the
redemption fund created pursuant to said proceedings and by
the unpaid assessments levied to provide for payment of said
acquisitions and improvements, and, including principal and
interest, are payable exclusively out of said redemption
fund.
The unpaid assessments are collected in annual install-
ments together with interest on the declining balances on
the tax roll on which general taxes for real property are
collected and are payable and become delinquent at the same
time and in the same proportionate amounts and bear the same
proportionate penalties and interest and are subject to the
same provisions for sale and redemption as are properties
for non-payment of general taxes.
In the event of a delinquency in the payment of any
installment of principal and interest appearing on the tax
roll, the City is obligated to advance from surplus funds
the amount of such delinquency to the redemption fund.
Passage on June 6, 1978, of the Jarvis-Gann Initiative
(Proposition 13), now Article XIIIA of the California
Constitution, has sharply reduced the amount of general
property tax revenues received by the City; such reduction
in tax revenues makes it less likely that the City will have
surplus funds to advance to the Redemption Fund to cover
delinquencies. In addition, passage of said Initiative and
subse~_~uent statutory enactments ei~minate the forme'r'l¥
~p.--l-~c~-b-l~- ~a---6~0~y .~uty' ~ %~e par%.q~..the city ~6 ~y
and collect a special tax (in the amount necessary to meet
delinquencies, bd~ not to exceed 10~'p~r $100 of assessed
~luation .of pFqp~.y githin the City)' if'~iU~ funds are
not available to cover delinquencies.
COVENANT FOR SUPERIOR COURT FORECLOSURE: In the event
of dekinquency in the payment of any installment of an
unpaid assessment, the City may order institution of an
action in the Superior Court of the State of California to
foreclose the lien of such unpaid assessment, as authorized
in Part 14 of Division 10 of the Streets and Highways Code
of the State of California (the "Improvement Bond Act of
1915"). In such action the real property subject to the
unpaid assessment may be sold at judicial foreclosure sale.
Upon such a sale the right of redemption is limited to one
year from the date of sale, as distinguished from the
five-year redemption period in the event of a tax sale.
Such judicial foreclosure sale, which was authorized in
Part 14 of Division 10 of the Streets and Highways Code (the
"Improvement Bond Act of 1915"), is not mandatory; and the
City could, absent a covenant to use judicial foreclosure,
permit a tax sale and the five-year redemption period.
However, by the resolution of the City Council, the City
covenants with the holders of the bonds that in the event
there are no available surplus funds and moneys remaining
in the reserve fund from which transfers may be made into
the redemption fund, pursuant to and as provided in Sections
8802, 8803 and 8806 of the Streets and Highways Code of the
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State of California and the resolution, it will order, and
cause to be commenced and thereafter diligently prosecuted,
court foreclosure proceedings upon any and all such delin-
quent unpaid assessments and interest, pursuant to and as
provided in Sections 8830 through 8835, inclusive, of said
Streets and Highways Code. Such foreclosure proceedings
shall be commenced either (a) within 60 days after the
receipt of written demand of any bondholder whose interest
might be adversely affected by any delinquency, or (b)
within 60 days following the date of such a delinquency.
RESERVE FUND: By resolution of the City Council, the
City will cause the creation of a special reserve fund to
provide available funds from which the City can make payment
of the amount of any delinquent assessments levied in the
proceedings in which such reserve fund is created, and
interest thereon, for transfer into the redemption fund for
the bonds issued in the proceedings in which such reserve
fund is created, pursuant to and as provided in Part 13 of
said Division 10. Payments from such reserve fund shall be
deemed an advance to be reimbursed from the proceeds of
redemption or sale of the properties with respect to which
payment of delinquent assessments and interest thereon was
paid from such reserve fund.
The reserve fund shall be held and maintained by the
City as a separate trust account, distinct from all other
funds of the City. Upon receipt of the proceeds of sale
of the bonds, an amount equal to at least 10% of bonds
issued shall be deposi't'e~' ~'the reserve fund.
PROCEEDINGS: Said proceedings were authorized under
the terms and provisions of the "Municipal Improvement Act
of 1913", being Division 12 of the Streets and Highways Code
for the construction of certain public improvement work
within the assessment district, including appurtenances,
with authorization for the bonds being pursuant to the
provisions contained in the "Improvement Bond Act of 1915",
being Division 10 of said Code.
ASSESSMENT DESCRIPTION AND AMOUNTS: For a description
of the respective- lots, pieces and parcels of land upon
which the several assessments are levied and the bonds are
issued, and for other information, reference is hereby made
to the assessment presently on file in the Office of the
Clerk of the City of Santa Ana and upon confirmation to be
recorded in the Office of the Superintendent of Streets of
the City of Santa Ana, California.
TAX EXEMPT: In the opinion of the Bond Counsel,
interest on the bonds is exempt from income taxes of the
United States of America under present Federal Income Tax
Laws and also from personal income taxes of the State of
California under present State Income Tax Laws.
LEGAL OPINION: The unqualified opinion of Rutan &
Tucker, Santa Ana, California, approving the validity of
said bonds will be furnished to the successful bidder upon
delivery of the bonds at no charge, and a copy of said legal
opinion will be printed on each bond.
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BID: Said bonds will be sold for cash only to the
bidder whose bid in the opinion of the City Council will
best serve the interests of owners of land included in the
assessment district. All bids should be unconditional.
Each bid must state separately the premium or discount,
if any, and the rate of interest offered for said secur-
ities. The highest bid will be determined by deducting the
amount of the premium bid (if any) from, or by adding the
amount of the discount bid (if any) to, the total amount of
interest which would be paid from the date of the bonds to
their respective maturity dates at the coupon rates speci-
fied in the bid, and the award will be made on the basis of
the lowest net interest cost. Bids shall be for all the
bonds to be issued and any bids for less than the entire
amount of said bonds will be rejected. The purchaser must
pay accrued interest from the date of the bonds to the date
of delivery. All interest will be computed on a 360-day
year basis. The cost of printing the bonds will be borne by
the City.
DISCOUNT: NO discount may be specified which is in
excess o-~ twenty-five percent (25%) of the par value of the
bonds offered for sale.
FORM OF BID: Ail bids must be for not less than all of
the bonds and accrued interest to date of delivery, plus
such premium or less such discount as is specified in the
bid. Each proposal, together with bidder's check, must be
enclosed in a sealed envelope addressed to the Clerk of the
City Council, City of Santa Ana and endorsed "Proposal for
Improvement Bonds, Assessment District No. 246, City of
Santa Ana." All proposals must be delivered to the office
of the financing consultant, Stone & Youngberg Municipal
Financing Consultants, Inc., Suite 400, 1541 Wilshire
Boulevard, Los Angeles, California 90017, prior to 11:00
o'clock A.M., on Monday, November 2, 1981.
SECURITY AND DEPOSIT: A certified or cashier's check
for the sum of $25,000, payable to the order of the City,
must accompany every bid as a guaranty that the bidder, if
successful, will accept and pay for the securities described
in the accepted bid in accordance with the terms of his bid,
and said check will remain in possession of the City until
payment for said securities has been received. The City
reserves the right to disregard insubstantial irregularities
and technical defects in bids.
NET INTEREST COST: Bidders are requested, but not
required, to supply an estimate of the total net interest
cost and the estimated net interest rate to the City on the
basis of their respective bids, which shall be considered as
informative only and not binding on either the bidder or the
City.
RIGHT OF REJECTION: The City reserves the right, in
its discretion, to reject any and all bids and to waive any
irregularity or informality in any bid.
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PROMPT AWARD: The City Council will take action
awarding the bonds or rejecting all bids not later than 36
hours after the expiration of time herein prescribed for the
receipt of bids; provided that the award may be made after
the expiration of the specified time if the bidder shall not
have given to the City a notice in writing of the withdrawal
of such bid.
DELIVERY OF SECURITIES: Delivery of said bonds shall
be made to the successful bidder at the office of the City
Treasurer, City Hall, Santa Ana, California (or any other
mutually agreeable location). Payment shall be made in
cash, Federal Reserve Bank funds, or other funds immediately
available to the City. It is expected that the bonds will
be ready for delivery to the successful bidder on or about
November 15, 1981.
RIGHT OF CANCELLATION: The successful bidder shall
have the right, at his' option, to cancel the contract of
purchase if the City shall fail to execute the bonds and
tender the same for delivery within sixty (60) days from the
date of sale thereof, and in such event the successful
bidder shall be entitled to the return of the deposit
accompanying his bid.
NO LITIGATION CERTIFICATE: The City will furnish to
the purchase of the bonds a no-litigation certificate,
certifying that there is no controversy or litigation
pending concerning the validity of the bonds or the levy and
collection of the assessments securing the same, or the
existence of the Assessment District, or of the City, or of
the title of the officers thereof to their respective
offices.
OFFICIAL STATEMENT: The City has prepared an Official
Statement, a copy of which will be furnished upon request
made to the City or to Stone & Youngberg Municipal Financing
Consultants, Inc., One California Street, San Francisco,
California 94111, the City's financing consultant.
Two hundred (200) copies of said Official Statement
will be made available to the successful bidder without
charge.
APPROVED by the City Council of the City of Santa Ana,
California, this 21$tday of September, 1981.
City Clerk of
the City of Santa Ana
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PASSED AND ADOPTED this ]~h%~ day of s.pt.mh~~ , 1981,
by the following vote:
AYES: MEMBERS: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato
NOES: MEMBERS: Markel
ABSENT OR NOT VOTING: None
MG~r, BC~k~ Santa Ana
ATTEST:
APPROVED AS TO FORM:
~d Cooper-- ~_~
City Attor~y
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