Tab 12 Affidavit of Pub of Notice of Sale of BondsSTATE OF MONTANA
FLAT14EAD COUNTY
AFFIDAVIT OF PUBLICATION
KAI WILLDEN, BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE
IS CLERK OF THE DAILY INTER LAKE, A DAILY NEWSPAPER OF
GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA,
AND THAT THE #8249 LEGAL AD. A COPY OF WHICH IS HERETO
ATTACHED, WAS PRINTED AND PUBLISHED IN THE REGULAR AND
ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES OF AUGUST 4, 119 1995.
THE RATE CHARGED FOR THE ABOVE LEGAL PRINTING DOES NOT
EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE
TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS.
Subscribed and sworn to before this, AD AUGUST 11, 1995.
r Public for the State of Fontana
y
esiding in Kalispell
My Commission expires 5/30/99
Bob
its eat, montana tine
PC
se6- ro ilia=lti�t-
est and best bkkW forcash,
as oWdenced. by -sealed
b€ds:`4h#above-d*scribed
Bonds drawn as ainst the
fundi ,ot,speimprove-
f�py
8600d . ' fdr the lwr-
t f Ihs 'b6nds will- be
recahmd until -11:00 Bar
M.D,T;i-on+#Aptly$ . tits
21st day of A t:_.1 9W at
Viwoftv of Ste. Finaartao Di-
areckW Nall; 312 --- 1 st
Aver m-East Kalispell,
Montgna..At.,11:30 &;A,:
M.DT:00'VWda We bids
wia bg a►td Mutated
In the ILCouncil Cham-
bers4; tNaalt,,312 1st
AYaenuit-�ast.' Kalispell,
lflloaastaoa; a ncf.`the:_City
Qoui7Cli�yirill"cc�•lf]isid�r: the
N ts. and" award. the: stale of
the. Nods ' at 7A' p.m .-
ffie�
Titi� wef beissued
Isar' of financing
the of'Construction of
Flwts ,11 Y���
eft r Bonds
wi& c' wed off
gatiorm of thevCRYiand day -
not cortst€k,te.- ,al�#i-1
gatfons bf ilia tY • x -'
„Tlsa+�attrf �sy+ttbla..
primarily from the collec-
tko of as special tax or as-
,"ssmerM rfth is a lien
agate mlossable real
props the District
Wf 5, tfta Improve-
ntents `The special assess-
ments we payable In equaI,
semiannual installmentssof
principal over a 15-yeas
term, with unpaid instaff
ments of the special as-4
sessments beararkv interest
at a ratio equal, in a fiscal
yeaar, to the average rate of
interest borno'by the,then
outstanding Bonds, plus
oils halt'of one percent per
attnum.,The Bands are fur-
ther secured by ffte Special
Impr*ument,IDi#tract Re-
�fu.nd th*°City
'.Revolving - Fund'). Tthe
he
CRt VlWagreet •to make a
loan frem,the Revolving.
Fund tathwDistrkXs fund to
make good-inK-deficiency
then existing In the principal
and Interest accounts there-
in and to provide funds for
the Revolving Fund by
levying a tax or making a
loan from the City's general
find to the extent authorized
by the Act.
Date and Type
The Bonds will be dated,
as_originally issued, as of
Septerr►laer 1. 1995, and will
be Issued as negotiable in-.
aeefterd seaumWe in reg-
Maturities and Redemp-
tion
Tihe f igaW s shall mature.
subiuZio redemption. on
Ja r t in the 'fpsowing years
and W
=x:1W..4� u n t
1997'2_�..004
1990 . 5,000: 2005
5.000
1999 5.000 2006
5.0W
installment or installments
.r.._,,.. rswr . ......,.,,.
moratorium or credltors. bonds if it requires add€ -
of the Bonds to be re-
rights. tionai copies of the official
deemed plays interest ac.
Type of Bid at w Award Statement. The cost of ad-
-crued thereon to the date of
Submission of Bids. ditional copies shall be paid
redemption.
Sealed bids for not less than by the successful bar.
The Bonds are also re-
-deemable at the option of
$97,000 and accrued inter- Additional information re-
est on the principal sum of arding the District and the
-the City on any :interest
date if
$100.000 must be majead or Bonds may be obtained
:.,Payment there are
funds to the credit of the
fund for
delivered to the t ndersgnod from City Finance Director,
and must be received as the City of Kalispell, P.O. Box
=.Distr€ct the• re-
Sderm t€on : thereon. The
office of the Ftnarm Direc- 1997. Kalispell, MT 59903,
for prior to the time stated (406) 758.7155.
S will be redeemed in
above. BkkWs must bid for Dated: July 28, 1995.
Mis order of the principal in-
'stallments they represent.
all or none of the Bonds. BY ORDER OF THE
Basis of Award. The bid CITY COUNCIL
The Bonds shall not be call-
authorizing the lowest net Isl Debbie Gifford. CMC
able from the proceeds of
interest cost (total interest City Clerk of Council
earl issue of refunding bonds
on all Bonds from Septem- City of pail, Montana
before July 1, 2001.
ber 1, 1995 to their maturi- August 4+91995
Interest Payment Dates,
ties. less any cash premi-
Rates -
um or plus any discount).
Interest will be payable
will be deemed the ntast fa-
sach JanuaryA and July 1,
vorable. In the event that
commencing Jap ary 1,
two or more bids state the
1997. to the regWared own-
lowest not interest cost, the
ers of the Bonds as such
sale of the Bonds will be
appear in the bond register
awarded by la. No oral bid
as of the close of business
will be corisidered. The City
on the 15th day (whether or
reserves the rights to reject
not a business day) of the
Immediately preceding
any and all bids. to waive
informalities in any bid and
month. All Bonds of the
to adjourn the sale.
same stated maturity must
Good Faith Deposit. A
bear interest from the date
good faith deposit (the "De -
of original€slue until paid at
posit.) in the form of mon-
a single, uniform rate not
ey, cashier's check; certi-
exCeeding eight percent
tied check. bank money or-
(8.00%) per annum. with
der. or bank draft drawn and
the maximum -difference
issued by a federally char -
between the -highest aird
tered or state.chartered
lowest rate of interest not
bank insured by the federal
exceeding three percent
deposit insurance corpora-
(3.00%) per annum ex-
tion or a financial suretyy
pressed in an integral mul-
bond in the sum of $2,02
tiple of 118 or 5/1D0 of 1%.
payable to the order of the
No "B- or supplemental in-
City of Kalispell is required
West shaaif be allowed.
Bond Registrar, Transfer
for each bid to be consid-
ered. If money. cashier's
Agent and Paying Apaftt
check. certified check, Dank
The: ; Commis, i t llt
qr tit:*Aft
�rs9isir�,�p�r, pa►',
,oat artaa� t0
r
.►r�,t'-•. i 1.i�rMv1 a! =-tea] mmwwy :: e"`
f WbP(5�tfte•Coc* may Car>dnuiry Dim, -
-treat the for purposes Participating under-
=i ; .• 200-9 of Sections 265(b) (2) and writers need not comply .i
1010OQ, :�_ 291(e) (1)(B) of the Code with paragraph (b) (5) of
if 2003 5,D04 2010 as if they were acquired on Rule 15c2-12 promulgated
10,000. August 7. 1986. by the Securities and Ex -
' Legal Opinion change Commission under
.2011, 10.000 An opinion as to the the Securities Exchange Act
—_The Bonds shot be validity of the Bonds and the of 1934. because the ag-
issued as serial bonds in exclusion from gross in, gregaate principal amount of
the. demon of $5,000 come for federal income tax the Bonds and any other
each or any Integral multi- purposes and Montana indi- bond issues of the City re -
Pie Vwool of sa maturi- vidual income tax purposes quired to be integratedwith
ties. Amortization bonds of the interest thereon will the Bonds is less than
wid not be Iswed- be furnished by Dorsey & $1.000,000. Consequently.
Tt+e Bands are subject to Whitney P.L.L.P., of Mis- the City will not enter Into t
rnabdaatory redemption, in- soula, Montana. and Min • any undertaking to provide .
whole or in part, on any In= neapolis. Minnesota, as contirwlrtg disclosure of anyterestpaymen0steirwhe- Band Counsel. The legal kind with respect to the
never. a ter, payment of Opinion will be printed on Bonds.
priricipaiil of vinterest on the Bonds. The opinion QStaten-ant
M# Bonds on such date, wal state that thte�s fticial are Within, seven business
thetas amhxWs:� for valid and binding special days after the sate the City
this. purpvse-iriii-tha District obligations of the City en• will furnish to the success-
11und from tfte parepayrnent of forceable in accordance ful bidder without chargge
spell asseasmWta IdMed with their terms, except to 100 copies of the final O#fi•'
in ffte Distrf or ftrait urtex- the extent to which enforce- cial Statement relating to
pended proceeds of the ability thereof may be limit- the Bonds. The successful
Bonds ioky**V completion ed byy the exercise of judi- bidder must notify the
' of. -#he Improvements. The ciaal discretion or by state or Finance Director in writing
redsr1"ZIA'priCe is scival to federal laws relating to within seven business days
ftte.arnour t of the principal bankruptcy, reorganization. after the award of sate of the i
'Registrar-). The bond reg-
ister will be kept. transfers
of ownership win be *ff -
' ed" and prinal.ot�=in-
terest on the Bonds -win be
paid by the Registrar. 'The
,City will pay the• tomes of
the'Registrar for such serv-
fees. The City reserves the
right to remove the Regis-
trar and to appoint a suitable
bank or trust company as
successor.
Delivery Within 30 days after the
sale, the City will deliver to
the Registrar the printed
Bonds ready for completion
and authentication. The
;original purchaser, (the
°'Purchaser") of the Bonds
must notify the Registrar. at
least five business days be.
fore issuance of the Bands,
of the persons in whose
names the Bonds will be in-
itially registered and the au-
thorized denominations of
the Bonds to be originally
Issued. If notification is not
received by that date, the
Bands will be registered in
the name of the Purchaser
and will be issued in de-
nominations corresponding
to the principal maturities of
the Bonds. On the day of
closing, the City will furnish
to the Purchaser the opinion
of bond counsel hereinafter
described, an arbitrage cer-
tification and a certificate
verifying that no litigation in
any manner questioning the
validity of the Bonds is then
pending or, to the knowl-
edge of officers of the City.
threatened. Payment for the
Bonds must be received by
the City in immediately
ale funds at its desig-
nated depositary on the day
of closing, As a oiux tion of
delivery, the Purchaser
must certify to the City in
writing the initial reoffering
prices of the lbs.
Qualified Tax -Exempt
ObIgations
Bonds will be desig-
nated by the City as
"qualified tax-exempt obli-
gations- within the meaning
of Section 265 (b) (3) of the
internal Revenue Code of
1986. as amended (the
the Finance DW4q o v*4pfi-
nenaal surety band is used,
it must be from ors in-
surance company koroW.
and qualified to issue such a'
bond in the State of Montana
and such bond must be
submitted to the- 01y of Ka-
lispell, to the Finance OP
rector, or its financial advi-
sor prior to the opening of
the bids. The finaancial:sutp•s,
ty bond must identify each
bidder whose Deposit Is
guaranteed by such finan-
cial surety bond. if the
Bonds are awarded to a
bidder utilizing a financial
surety bond. then that Pur-
chaser is required to submit
its Deposit to the City in the
form of a cashier's check
(or . wire transfer such
amount as instrLcted. by the
City or its financial advisor)
not later than 1:00 p.m.,
Mountain Daylight Time, on
the next business day -fol-
lowing the award. if such,
Deposit is not recaiv*d by,;
that time. the financial sure-
ty bond may be drawn by
the City to satisfy the -De-
posit requirement. No inter-
est on the Deposit will ac-
crue to the Purchaser. The
Deposit will be applied to I
the purchase price of the !
Bonds. In the event the Pur-
chaser fails to honor its ac-
cepted bid. the Deposit will
be retained by the City. No
interest will be allowed on
the Deposit. The Deposit of
the unsuccessful bidders
will be returned immediate-
ly on award of the Bonds to
the Purchaser or after re-
jection of all bids.
Instructions for wiring
Deposit may ba obtained
from the City Finance Di-
rector. City of Kalispell,
P.O. Box 1997, Kalispell,
Montana 59937. (406) 758-
7755.
CUSIP Numbers -•- The City will assume no
obligation for the assign-
ment or printing of CUSIP
numbers on the Bonds or
for the correctness of any
numbers printed thereon,
but will permit such
numbers to be assigned and
printed at the expense of the
Purchaser. if the Purchaser