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<br /> -, <br />Further details regarding the Bonds are set forth in the Official Statement. <br /> CONDITIONS OF THE SALE <br />Type of Bids and Interest Rates <br />The Bonds will be sold in one block on an "AU or None" basis, and at a price of not less than their par <br />value plus accrued interest to the date of delivery 01 the Bonds. Bidders are invited to name the rate(s) 01 <br />interest to be borne by the Bonds, provided that each rate bid must be in a multiple 011/8 of 196 or 1/20 <br />of 196 and the net effective interest rate must not exceed 1'96. The highest rate bid may not exceed the <br />lowest rate bid by more than 396 in rate. No limitation is imposed upon bidders as to the number of rates <br />or changes which may be used. All Bonds of one maturity must bear one and the same rate. No bids <br />involving supplemental interest rates wiH be considered. Each bidder shall state in the bid the total <br />interest cost in dollars and the effective interest rate determined thereby (calculated in the manner <br />prescribed by Article 717k-2, V A TCS), which shall be considered informative only and not as a part of the <br />bid. <br />Basis for A ward <br />For the purpose of awarding the sale of tl-¡e Bonds, the in1erest cost of each bid will be computed by <br />determining, at the rate or rates specified therein, the total dollar cost of all interest on the Bonds from <br />the Bond Date to their respective maturities, using the table of Bond Years herein, and deducting <br />therefrom the premium bid, if any (the "Net Interest Cost Calculation"). Subject to the City's right to <br />reject any or all bids and to waive any irregularities except time of filing, the Bonds wilJ be awarded to <br />the bidder or syndicate account manager whose name first appears on the Official Bid Form (the <br />"Purchaser") whose bid, based on the Net Interest Cost Calcula tion, produces the lowest net effective <br />interest cost to the City. <br />Good Faith Deposit <br />A Good Faith Deposit, payable to the "City of San Marcos, Texas", in the amount of $71,900.00, is <br />required. Such Good Faith Deposit shall be in the form of a Cashier's Check, or its equivalent, which is to <br />be retained uncashed by the City pending the Purchaser's compJiance with the terms of the bid and the <br />Notice of Sale and Bidding Instructions. The Good Faith Deposit may accompany the Official Bid Form or <br />it may be submitted separately. If submitted separately, it shall be made available to the City prior to <br />the opening of the bids, and shall be accompanied by instructions from the bank on which drawn which <br />authorize its use as a Good Faith Deposit by the Purchaser who shall be named in such instructions. The <br />Good Faith Deposit of the Purchaser will be returned to the Purchaser upon payment for the Bonds. No <br />interest will be allowed on the Good Faith Deposit. In the event the Purchaser should fail or refuse to <br />take up and pay for the Bonds in accordance with the bid, then said check shall be cashed and accepted by <br />the City as full and complete liquidated damages. The checks accompanying bids other than the winning <br />bid will be returned immediately after the bids are opened, and an award of the Bonds has been made. <br />DELIVER Y OF THE BONDS AND ACCOMPANYING D<X:UMENTS <br />CUSIP Numbers <br />It is anticipated that CUSIP identification numbers will appear on the Bonds, but neither the failure to <br />print or type such number on any Bond nor any error with respect thereto shall constitute cause for a <br />failure or refusal by the Purchaser to accept delivery, of and pay for the Bonds in accordance with the <br />terms of this Notice of Sale and Bidding Instructions and the terms of the Official Bid Form. All expenses <br />in relation to the printing or typing of CUSIP numbers on the Bonds shall be paid by the City; provided, <br />however, that the CUSIP Service Bureau charge for the assignment of the numbers shall be the <br />responsibility of and shall be paid for by the Purchaser. <br />Initial Delivery of Initial Bond <br />Initial Delivery will be accomplished by the issuance of one or more Initial Bonds (also called "Bonds"), <br />~ither in typed or printed form, in the aggregate principal amount of $3,'9',000, payable in stated <br />installments to the Purchaser, signed by the Mayor and City Secretary, approved by the Attorney General, <br />and registered and manually signed by the Comptroller of Public Accounts. Initial Delivery will be at the <br />principal office of the Paying Agent/Registrar. Payment for the Bonds must be made in immediately <br />available funds for unconditional credit to the City, or as otherwise directed by the City. The Purçhaser <br />will be given six business days' notice of the time fixed for delivery of the Bonds. It is anticipated that <br />Initial Delivery of the Initial Bond(s) can be made on or about June 18, 1991, and it is understood and <br />agreed that the Purchaser will accept delivery and make payment for the Bonds by 10:00 AM, COT, on <br />July 18, 1991, or thereafter on the date the Bond is tendered for delivery, up to and including July 2,1991. <br />If for any reason the City is unable to make delivery on or before July 2, 1991, the City shall immediately <br />contact the Purchaser and offer to allow the Purchaser to extend its offer for an additional thkty days. If <br />the Purchaser does not elect to extend its offer within six days thereafter, then its Good Faith Deposit <br />will be returned, and both the City and the Purchaser shall be relieved of any further obligation. In no <br />event shall the City be liable for any damages by reason of its failure to deliver the Bonds, provided such <br />failure is due to circumstances beyond the City's reasonable controL <br /> -11- <br />