Resolution 4081 - Refunding Bonds - MMIA Insurance520
resolution.
Member Quan. ,"=2n —moved the adoption of the following
RESOLUTION NO. 4081
A RESOLUTION RELATING TO PARTICIPATION IN POOLED SELF-
INSURANCE PROGRAM; APPROVING AND AUTHORUM4G THE
MONTANA MUNX3PAL INSURANCE AUTHORITY TO ISSUE
BONDS ON BEHALF OF THE MUNICIPAIdTY, 70 REFUND THE
OUTSTANDING LIABILITY INSURANCE BONDS IMUED BY THE
AUTHORITY ON BEHALF OF THE MUNICIPALXIY, APPROVING
THE DLS-rRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT
RELATING 'THBRE70 AND AUTHORIZING THE ISSUANCE AND
COMMTITING 70 EXECUTE AND DELIVER 70 THE MONTANA
MUNICIPALITY INSURANCE AUTHORITY A GENERAL
OBLIGATION NOTE EVIDENCING THE MUNICIPALIM
PROPORTIONATE SHARE OF PRINCIPAL OF AND 24TERESi' ON
THE REFUNDING BONDS AND THE EXECUTION AND DELIVERY
OF RELATED DOCUMEM
BE IT RESOLVED by the governing body (the Governing Body) of
city of Kalispell (the Municipality) as foll6ws:
Section 1. Recitals.
tol. The, Montana Municipal Insurance Authority (the Authority) was
created as a joint exercise of powers entity pursuant to the Interlocal Agreement
creating the Montana Municipal Insurance Authority (the Interlocal Agreement)
and Title 7, Chapter 11, Part 1, M.C.A. (the Interlocal Cooperation Act) and as
authorized under the provisions of Section 2.9-211 and 2.9-212, M.C.A. for the
purpose of providing insurance and reinsurance programs to Montana
municipalities and jointly issuing obligations to fund self-insurance funds.
1.02. Pursuant to that authority, the Authority established its Liability
Insurance Program (Program) and malde it available to all Montana municipalities
executing the Interlocal Agreement and the Liability Insurance Coverage Program
Agreement (the Insurance Agreement), The Authority issued and sold its Liability
Insurance Coverage Program Bonds, Series 1986 (the Outstanding Bonds) in the
aggregate principal amount of $6,265,000, of which $5,455,000 in principal amount
are now outstanding on behalf of the municipalities (the Participating Members)
adopting a Resolution authorizing the Authority to do so, and executing and
delivering to the Authority a general obligation note (the Outstanding Note) in a
principal amount equal to their proportionate share of the principal of and interest
on the Bonds (the Debt Service Premium) as defined in the Indenture of Trust dated
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as of August 15, 1986 between the Authority and First Trust Company of Montana,
National Awociation, as trustee and successor to First Trust Company of Montana
(the Indenture). Under the terms of the Outstanding Notes and the Agreemenk
each Participating Member is obligated to pay Its Debt Service Premium in order to
participate in the Program. In addition to the Debt Service Praemivat, each
Participating Member is obligated to pay Risk Premium, Supplemental Debt Service
Premium and any Risk Premium Adjustments or Deferred Risk Premium
Adjustments.
im. 'Ilse Outstanding Bonds bear interest at a net effective intrest rate
of (7.172%). the Board of Directors of the Authority (the Board] has deterrn#ned that
it may be advantageous to the Program and the P"cipating Members, now or in
the future, to advance refund or refund the Series 1986 Bonds and thereby achieve a
reduction in annual debt service on the Outstanding Bonds.
i m. in order for the Board to refund the Series 1986 Bonds it must
have authorization from the Participating Members to issue on behalf of tine
Participating Members bonds (the Refunding Bonds) to refund the Outstanding
Bonds, and the Authority has requested that the Municipality adopt a resolution
granting such authorization.
2.01. The Governing Body hereby authorizes the Authority to issue
Refunding Bonds on its behalf as provided herein, and declares its intention to issue
a Refunding Note that shall be a general obligation of the Municipality and shall
represent its proportionate share of the Refunding Bonds, as determined under the
Indenture and to execute and deliver the Refunding Note and such other
documents, to the Authority as may be required to effectuate the issuance of the
Refunding Bonds: provided that the interest rates to be borne by the Refunding
Bonds will result in present value savings to the Authority of not less than one and
one half percent (1 1 /2 %) of the prindpal amount of the Outstanding Bonds, using
the interest rate on the Refunding Bonds as a discount factor over the term of the
Refunding Bonds, which savings shall be net of the costs of issuing the Refunding
Bond.
2.02. The Authority is hereby authorized to rely on this Resolution and
the Municipality hereby authorizes the Authority to proceed with the issuance of
the Refunding Bonds on behalf of the Municipality in an amount suffident, among
other things, to defease the Outstanding Bonds and pay all costs associated with the
issuance of the Refunding Bonds and defeasance of the Outstanding Bonds.
2.03. The Governing Body hereby preliminarily authorizes the
issuance of its Refunding Note in a principal amount not to exceed 120% of the
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principal of the Outstanding Notes, in substantially the form of the Note previously
issued to refund the Outstanding Notes. The Mayor and City Clerk are hereby
authorized and directed to execute and deliver the Refunding Notes to the
Authority within 15 days of the date of the receipt of written notice from the
Authority to do so; provided that: 1) the interest rates savings described in Section
2.01 can be achieved; 2) the principal amount of the Refunding Note does not exceed
3% of the taxable value of the Municipality, as of the date of the last completed
assessment for state and local taxes; and 3 the Board has de*mdned that the
issuance of the Reefwtding Bonds Is in the beat Interest of the Program and the
participating Member and the Refunding Bonds will be issued fn the prindpal
amount necessary, but not greater than the principal amount necessary, to provide
funds, with other available funds in the Debt Service Fund to the Authority
allocable to the Outstanding Bonds, to establish the escrow amount to defease the
Outstanding Bonds, and to pay the costs of Issuance of the Refunding Bonds and the
costs of refunding the Outstanding Bonds. The term of the Refunding Note shall
not exceed the term on the Outstanding Note.
Section 3. Effective Date. This resolution shall become effective
immediately upon Passage -
Passed and approved this 19th day of oSdodmr
1992.
WITNESS my hand officially as such recording officer and the seal of
the city o E RA, i 9199y y this t 4tb day of octcber. • 1992.
(SEAL) Clerk
D6691w4b. lrafthe, Mayor
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Member Jim Atkinson seconded the motion and the
1,311owing voted in favor thereof: Jim Atkinson, Lauren Grarano,Barbara Hoses
Fred Buck, Cliff COl f Duane Larson and
mayor Douglas Rauthe
and the following voted against the same: none -
Absent:
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