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Resolution 3562 - Authorizing $550,000 Bruckhauser Pool GO BondsCERTIFICATION OF MINUTES RELA7ING TO $550,000 General Obligation Bonds of 1985 Issuer: City of Kalispell, Flathead County, Montana Governing Body: City Council 'Kind, date,'time and place of meeting: A regular meeting, held on February 4, 1985, at 7:30 o'clock p.m., in Kalispell, Montana. Members present- Springer, Saverud, Grainger, Ruiz, Nystul Manning, Palmer Members absent:Schindler Documents attached: minutes of said meeting (pages): 279-281 RESOLUTION NO. 3s-6 Z RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF ITS GENERAL OBLIGATION BONDS IN THE AMOUNT OF $550,000 FOR THE PURPOSE OF RENOVATING, IMPROVING AND RECONSTRUCTING THE SWIMMING COMPLEX COMMONLY KNOWN AS BRUCKHOUSER POOL IN THE CITY OF KALISPELL I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the-docu6ents dttached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as reqnired by law. WITNES&my hand officially as such recording )_,."officer this day of February, 1985. signature Al --2 IV 17 A.. P Name and Title (SEAL) Marjorie GieTmann, Clerk/TreasureT Member Springer introduced the following resolution and moved its adoption -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF ITS GENERAL OBLIGATION BONDS IN THE AMOUNT OF $550,000 FOR THE PURPOSE OF" IMPROVING AND RECONSTRUCTING THE SWIMMING COMPLEX COMMONLY KNOWN AS BRUCKHOUSER POOL IN THE CITY OF KALISPELL BE IT RESOLVED by the City Council (the Council) of the City of Kalispell, Flathead County, Montana (the City),as follows: Section 1. Recitals. The electors of the City at an election duly calleT, —noticed and held on November 6, 1984, at which 73.5 percent of the registered electors voted, by a vote of 3,263 in favor and 1,620 opposed, authorized this Council to issue and sell $550,000 principal amount of general obligation bonds (the Bonds) of the City for the purpose of renovating, improving and reconstructing the swimming complex commonly known as Bruckhouser pool in the City of Kalispell. The indebtedness authorized by the bonds together will all other indebtedness of the City will not exceed 28 percent of the taxable value of the property subject to taxation by the City as ascertained by the last completed assessrdent'for state an7d'coUnty taxes previdtis to this date. The Council has full power and authority to issue the Bonds. Section 2. Terms of Bonds. Pursuant to the authority described a6O—ve, �this Council shall issue and sell the Bonds of the City in the aggregate principal amount of $550,000 for the purpose of renovating, improving and reconstructing the swimming complex commonly known as Bruckhouser pool in the City of Kalispell. The Bonds shall be dated as of April 1, 1985, shall be issued in one series designated Series 1985, and shall bear interest, payable semiannually on April I and October 1 of each year commencing October 1, 1985, at the rate or rates designated by the successful bidder at public sale and approved by this Council, which rate or rates shall not exceed eleven percent (11%) per annum, with the maximum difference between the highest and lowest rate of interest not exceeding 2%. If issued as serial bonds, the Bonds shall mature on April 1 in each of the following years and amounts: YEAR AMOUNT 1986 $15,000.00 1987 $20,000.00 -2- 0 EXHIBIT A Notice of Sale General obligation Bonds, Series 1985 $550,000 City of Kalispell, Flathead County, Montana Notice is hereby given by the City Council (the Council) of the City of Kalispell, Flathead County, Montana (the City), that the Council at a regular meeting on March 4, 1985, at 7:30 o'clock p.m., M.T., in the City Council Chambers in Kalispell, Montana will sell to the highes't and best bidder for cash, either amortization or serial bonds of the City in the totall principal amount of $550,000 Bonds (the Bonds) for the purpose of renovating, improving and reconstructing the swimming complex commonly known as Bruckhouser pool in the City of Kalispell. The Bonds will be issued as fully registered bonds only. Amortization bonds will be the first choice and serial bonds will be the second choice of the Council. THE BONDS If amortization bonds are sold and issued, the Bonds will be issued as a single bond or divided into several bonds, as the Council may determine at the time of sale, both principal and interest to be payable in equal semiannual installments on each April 1 and October 1, commencing October 1, 1985, and, subje - ct t-;P prior redemption -and prepayment-',' continuing through April 1, 2000. 'f - . . If serial bonds are issued and sold, the Bonds will be issued as bonds of single maturities in the denomination of $5,000 each or any integral multiple thereof. The serial bonds will mature, subject to prior redemption and prepayment, on April 1, in the following years and amounts: YEAR AMOUNT 1986 $15,000.00 1987 $20,000.00 1988 $20,000.00 1989 $25,000.00 1990 $25,000.00 1991 $30,000.00 1992 $30,000.00 1993 $35,000.00 1994 $35,000.00 1995 $40,000.00 1996 $45,000.00 -5- 1997 $50,000.00 1998 $�5,000.00 1999 $60,000.00 2000 $65,000.00 The Bonds whether amortization or serial bonds, will be dated as of April 1, 1985, and will bear interest at the rate or rates, not exceeding eleven (11%) per annum, with the maximum difference between the highest and lowest rate of interest not exceeding 2%, designated by the successful bidder at the sale. No supplemental or B coupon is allowed. Interest will be payable semiannually on April 1 and October 1 of each year commencing October 1, 1985. The Bonds maturing on or after April 1, 1993 will be subject to redemption and prepayment on October 1, 1992, and each interest payment date thereafter, in inverse order of maturity and by lot within a maturity, at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date. BOND REGISTRAR The bond registrar and transfer agent will be a suitable bank or trust company in the United States designated by the successful bidder within 48 hours after award of sale, subject to approval by the Council. The City will pay the reasonable and customary charges of the Registrar. The Council will select the Registrar if the recommendation of the purchaseE if Hot ap-p'roved. BIDDING AND SALE PROCEDURES Bids must be on the Official Bid form, a copy of which may be obtained from the City and enclosed in a sealed envelope marked as follows: "Bid for $550,000 General Obligation Bonds, Series 1985.1' Each envelope when delivered must indicate the name and address of the bidder, or in the case of a group of bidders, of the representative. The Bonds will be sold for not less than their par value with accrued interest to the date of delivery, and all bidders must state the lowest rate of interest at which they will purchase the Bonds at par. Bids will be compared on the basis of net effective interest cost (total interest from date of issuance to each of the respective maturities less any premium). The Bonds will he sold in open competition bidding or by sealed bids. Sealed bids will not be opened until all oral bids have been received and recorded. The Council reserves the right to reject any and all bids and to sell the Bonds at private sale and to waive any informality and irregularity in any and all bids. W All bids other than those by or.on behalf of the state board of investments must be accompanied by money, certified check, cashiers checkr bank money 6rder, or bank draft drawn and issued by a national banking association located in Montana or by any banking corporation incorporated under the laws of Montana in the sum of $11,000.00 payable to the order of the City of Kalispell. No interest�will be allowed on the bid security. The bid security of the unsuccessful bidders will be returned immediately on award of the Series 1985 Bonds to the successful bidder or after rejection of all bids. The bid security of the successful bidder will be deposited by the City and retained until the delivery of the Series 1985 Bonds, at which time such security will be applied against the purchase price of the Series 1985 Bonds or the proceeds thereof will be retained as liquidated damages upon the failure of the successful bidder to purchase the Bonds. DELIVERY Bonds. Delivery of the Series 1985 Bonds will be made against payment therefor in immediately available funds within 45 days of the date of sale at the office of the purchaser or, the Registrar and Paying Agent. The charge of the delivery agent must be paid by, the purchaser, but all other costs will be pa' -,Id by the City.- The City will provide for the assignment and printing of CUSIP'numbers on the Series 1985 Bonds, but will assume no responsibility for the correctness of the CUSIP numbers printed thereon. Legal Opinion andLLCL1,0�sin Certificates. At the time of delivery of the Series 1985 Bonds the City will also deliver to the successful bidder the legal opinion of Dorsey & Whitney, Great Falls, Montana'and Minneapolis, Minnesota. The legal opinion will state that the Series 1985 Bonds are valid and binding general obligations of the City, in accordance with their terms payable from ad valorem taxes levied annually on all taxable property within the corporate limits of the City. A copy of the legal opinion will be printed on the reverse side of the Bonds. Dorsey & Whitney has not been retained to prepare or review and has not prepared or reviewed any Official Statement or Prospectus and assumes no responsibility for and will express no opinion with respect to the accuracy, completeness or sufficiency thereof. The City will also deliver a certificate stating that no litigation in any manner questioning the validity of the Series 1985 Bonds is then threatened or pending, along with other customary closing certificates. -7- All bids should be addressed to the City of Kalispell, Flathead County, Montana and delivered to the City Clerk. Additional information regarding the City and the ir Bonds may be obtained from Mayor LeRoy McDowell, Kalispell, Montana (406-755-5457) or Bob Ehlers, Dain Bosworth, Inc., 1225 17th Street, Denver, Colorado 80202 (303-294-7200). WWI, NO-- �r' Orwl W "'0 ATTEST: Cit Y lerk Publication Dates: Daily Interlake February 8, 1985 February 15, 1985 February 22, 1985 March 1, 1985 -8-