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19760601 r-76-14RESOLUTION NO. R-76-14 A RESOLUTION FIXING THE REDEMPTION PROVISIONS AND PROVIDING FOR TH~ SALE OF $6,000,000 GENERAL OBLIGATION BONDS OF THE CITY OF FAIRFAX, VIRGINIA. WHEREAS, the City CouNcil of the City of Fairfax, Virginia, has heretofore adopted an ordinance providing for the issuance of $6,000,000 General Obligation Bonds of the City of Fairfax, Virginia; and WHEREAS, the City Council deems it advisable to sell said .bonds at"this time; now, therefore, THE COUNCIL OF THE CITY OF FAIRFAX HEREBY RESOLVES: Section 1. The $6,000,000 General Obligation Bonds of the City'of Fairfax at the time outstanding which mature after July 1, 1986 may be redeemed prior to their respective maturities, at the option of the City, from any moneys that may be made available for such purpose, either in whole on any date not earlier than July 1, 1986 or in part, in the inverse order of their maturities and by lot within a maturity on any interest payment date not earlier than July 1, 1986, at the following redemption prices (expressed as percentages of the principal amount) set forth below, plus accrued interest to the redemption date: Redemption Periods · Redemption Price July 1, 1986 to and including June 30, 1991 July 1, 1991 to and including June 30, 1996 July 1, 1996 to and including June 30, 2001 July 1, 2001 and thereafter 103% 102% 101% 100% At least thirty (30) days before the redemption date, a notice signed in'the name of the City of Fairfax, by the Mayor, shall be (a) published once in a newspaper of general circulation in the City of Fairfax, and in a daily newspaper of general circula- tion or a financial journal published in the Borough of Manhattan~ City and State of New York, (b) filed at each of the places at which said bonds and the interest thereon are payable and (c) mailed, postage prepaid, to all registered owners of bonds to be redeemed at their addresses as they appear on the registration books of the City, but failure so to mail any such notice shall not affect the validity of the proceedings for such redemption. Each such notice shall set forth the date fixed for redemption, the redemption price to be paid and, if less than all of the bonds then outstanding shall be called for redemption, the maturities and numbers of such bonds. On the date so designated for redemption, notice having been published and filed in the manner and under the conditions hereinabove provided and moneys for the payment of the redemption price being held by the paying agents, the bonds so called for redemption shall become and be du~ and payable at the redemption price provided for redemption of such bonds on such date, interest on the bonds so called for redemption shall cease to accrue and the coupons for interest thereon payable subsequent to the redemption date shall be void. All unpaid coupons which appertain to bonds so called for redemption and which shall have become payable on or prior to the date of redemption designated in such notice shall continue to be payable to the bearers severally and respectively upon the presentation and surrender of such coupons. Bonds so called for redemption and all unmatured coupons appertaining there- to shall be cancelled upon the surrender thereof. Section 2. The City Clerk of Fairfax is hereby authorized and directed to cause a notice calling for bids for $6,000,000 General Obligation.Bonds of the City of Fairfax, Virginia, to be published once in the Fairfax Globe, a newspaper having a general circulation in the City of Fairfax, and once in The Daily Bond Buyer, a publication carrying municipal bond notices and devoted primarily to financial news and.to the subject of State and municipal bonds published and circulating in the City of New York, New York, said publications to be at least ten days prior to the date fixed for the receipt of bids. Said notice shall be in substantially the following form: NOTICE OF SA~E $6,000,000 GENERAL OBLIGATION BONDS (JUNIOR LIEN REVENUE-GENERAL OBLIGATION BONDS) SERIES 1976. OF THE CITY OF FAIRFAX, VIRGINIA Dated July 1, 1976 'Sealed bids will be received by the City Council of the City of Fairfax, Virginia, in care of the undersigned, at the City ~all, Fairfax, Virginia, until 2:00 o'clock P.M., Fairfax ~ime, ! - June i5 , 1976 such bids to be publicly opened and read at such time and place on said day for $6,000,000 General Obligation Bonds of the City of Fairfax, Virginia, dated July 1, 1976, and maturing (subject to the right of prior redemption) in the amount of $480,000 on July 1, 1996 and in the amount of $5,520,000 on July 1, 2006. The bonds due July 1, 1996 are subject to mandatory sinking fund redemption by lot beginning July 1, 1977 upon payment of the principal amount and accrued interest to the date of re- demption as follows: Sinking Fund ' Sinking Fund Year Redemption year . Redemption 1977 $15,000 1986 $25,000 1978 15,000 1987 25,000 1979 15,000 1988 25,000 1980 15,000 1989 30,000 1981 10,000 1990 30,000 1982 10,000 1991 30,000 1983 15,000 1992 35,000 1984 20,000 : 1993 35,000 1985 25,00~ 1994 35,000 1995 35,000 1996 35,000 The bonds due July 1, 2006 are'subjec~ to mandatory sinking fund redemption by lot beginning July 1, 1997 upon payment of the principal amount and accrued interest to the date of re- demption as follows: - 2 - Sinking Fund year Re~emp. tion .. ~ear Sinking Fund Redemption 1997 $120,000 2002 $610,000 1998 450,000 2003 660,000 1999 485,000 2004 710,000 2000 525,000 2005 770,000 2001 565,000 2006 625,000 Denomination $5,000; principal and semi-annual interest (July 1 .and January 1) payable a't The. National Bank of Fairfa~, in the City of Fairfax, Virginia; or at The Chase Manhattan Bank (National Association), in the Borough of Manhattan, City and State of New York; coupon bonds registrable as to principal alone; general obligations of the City; unlimited tax. The bonds at the time outstanding which mature after July 1, 1986 may be redeemed prior to their respective maturities, at the option of the City, from any moneys that may be made avail- able for such purpose, either in whole on any date not earlier than July 1, 1986 or in part, in the inverse order of their maturities and by lot within a maturity on any interest payment date not eariier than July 1, 1986, at the following redemption prices (ex- pressed as percentages of the principal amount) set forth below, plus accrued interest to the redemption date: ~edemption Periods Redemption Price July 1, 1986 to and including June 30, 1991 July 1, 1991 to and including June 30, 1996 July 1, 1996 .to and including June 30, 2001 July 1, 2001 and thereafter 103% 102% 101% 100% Bidders are.requested to name the inter~st rate or rates, not exceeding 8% per annum, in multiples of 1/8 or 1/20 of 1%. Each bidder must specify in his bid the amount and the maturities of the bonds of each rate, and the bonds maturing on the same date must bear interest at the same rate. The interest on any bond;payable on any interest payment date shall be represented by a single coupon. No bid for less than par and accrued interest or for less than all of the bonds offered will be entertained. The bonds will be awarded to the bidder offering to purchase the bonds at the lowest interest cost to the City, such cost to be determined by deducting the total amount of any premium bid from the aggregate amount of interest on all of the bonds from their date until their respective maturities. ' Each bid must be submitted on a form to be furnished by the undersigned, must be enclosed in a sealed envelope marked "Bid for $6,000,000 General Obligation Bonds of the City of Fairfax, Virginia", and must be accompanied by a certified or bank cashier's or treasurer's check payable to the order of the City Treasurer of the City of Fairfax, Virginia, 'for $120,000, on which no interest will be allowed. Award or rejection of bids will be made by the City Council of the City of Fairfax, Virginia, on the date above stated for the receipt of bids, and the checks of unsuccessful bidders will be returned immediately. The check of the successful bidder will be cashed and the proceeds.will be held as security for the performance of his bid, but, in the event the successful bidder shall fail to comply with the terms of his bid, the proceeds will be retained as and for full liquidated damages. The bonds will be delivered on or about July 15, 1976 in the City of New York, New York, against payment therefor in Federal Reserve funds. The unqualified approving opinion of Brown, Wood, Ivey, Mitchell & Petty, New York City, will be furnished without cost to the purchasers and will be printed upon the bonds.. There will also be furnished the usual closing papers. - 3 - ~-76-14 Further information will be furnished upon City Manager, 101 Armstrong Street, City of Fairfax, Virginia 22030. Bid forms and copies of the Official Statement in connection with. the sale of the bonds may be obtained by application to the undersigned at the City of Fairfax, Virginia, City Hall, Fairfax, Virginia 22030 or to L. F. Rothschild & Co., 99 William Street, New York, New York 10038, Financial Adviser to the City. The right to reject any or all bids is reserved. Dorothy L.'Wilkinson City Clerk Section 3. The form referred to in the Notice of Sale set forth in Section 2 above and on which all bids are required to be made shall be'substantially as follows: . BID FOR $6,000,000 GENERAL OBLIGATION BONDS OF THE CiTY OF FAIRFAX, VIRGINIA , 1976 City Council of the City of Fairfax, Virginia c/o City Clerk, City Hall Fairfax, Virginia Sirs: We make the following bid for the bonds of the City of Fairfax, Virginia, mentioned below and described in the Notice of Sale, which Notice is hercby made a part of this bid, this bid being for all of said bonds and not for less than all: For $6,000,000 General Obligation Bonds of the City of Fairfax, Virginia, dated July 1, 1976, and maturing on July 1 in each year and bearing interest as follows: Year of Principal interest ~aturity ...Amount Rate We will pay 1996 $ 480,000 % 2006 5,520,000 % Dollars ($ ). We will also pay accrued interest from their date to date of delivery and will accept delivery in New York City on or about July , 1976. ~{e enclose herewith a certified or bank cashier's or treasurer's check for $120,000 payable to the order of the City Treasurer of the City of Fairfax, Virginia, which check is to be applied in accordance with said Notice of Sale. The closing papers referred to in said Nbtice of Sale are to include a certificate, dated as of the day'of the delivery of the bonds, stating that there is no litigation pending or, to the knowledge of the signer of such certificate, threatened af- fecting the validity of the bonds or the means provided for their payment. - 4 - ,R~-76- 14 (No addition or alteration, except as pro- vided above, is to be made to this bid). (NOTE: The average net interest ~ost rate for the above bid, which is stated for information onlY and is not a part of the above bid, is %). Section 4. The officers and agents of the City of Falrfax, Virginia, are hereby authorized and directed to do all the acts and things required of them by the bonds and by this resolution for the full, punctual and complete performance of all of the terms, covenants, provisions and agreements contained in the bonds and in this resolution. Section 5. No additional bonds of the City of Fairfax, Virginia, will be offered for sQle 'by the City Council prior to October 1, 1976 without the consent of the purchasers of the $6,000,000 bonds being sold pursuant to the pr.ovisions of this resolution. Adopted: June 1, 1976 Attest: c~y Clerk - 5 -