2. Resolution 4610 - Resolution Calling for Bond Sale - SID 343City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
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SUBJECT:
MEETING DATE -
Mayor Boharski and City Council Members
Amy Robertson, Finance Director
Chris Kukulski, City Manager
SID 343 - call for Sale of Bonds
May 7, 2001
BACKGROUND: SID 343 has been created to reconstruct Sunnyview Lane using a
Special Improvement District Bond for financing. The total
principal amount of the Bonds will be $1,581,500. The City will
contribute $37,000 of gas tax funds for asphalt. A copy of the
Sources and Uses of Funds Schedule is attached. The bids for the
bonds will be received until noon May 23, 2001. They will be
tabulated and presented to Council at a Special meeting May 23`d at
7:00pm. The Bond closing is scheduled for June 121h. Also attached
is the Term Sheet and a sample debt service schedule.
RECOMMENDATION: Adoption of Resolution 4610 calling for the Sale of Bonds.
FISCAL EFFECTS: Total new revenue is $ 1.581,500.
ALTERNATIVES: As suggested by Council.
Amy H. Robertson Chris A. Kukulski
Finance Director City Manager
Report compiled: May 2, 2001
05/02/01 WED 15:41 FAX 14065879634 D.A.DAVIDSON
IM 002
CITY OF KALISPELL
SID No. 343 BONDS, SERIES 2001
SOURCES AND USES OF FUNDS SCHEDULE
Sources of Funds:
Proceeds of the Bonds $1,581,500.00
City Contribution 37,000.00
Total Sources of Funds $1.618.500.00
Uses of Funds:
Improvement Costs
$1,095,308.97
Engineering (Design/Construction Mgmt)
160,000.00
Contingency
113,262.46
Revolving Fund (5%)
79,075.00
District Reserve Account (5 %)
79,075.00
City Administration Costs
40,000.00
Underwriter's Discount (2%)
31,630.00
Costs of Issuance*
20,148.57
Total Uses of Funds
$1.618.500.00
Includes Bond Counsel fees, Financial Advisor fees, initial Paying Agent
and Registrar fees, and Preliminary and Final Official Statement printing and
distribution costs.
05/02/01 WED 15:41 FAX 14065879634 D.A.DAVIDSON @ 003
CITY OF KALISPELL
SID No. 343 BONDS, SERIES 2001
TERMS SHEET
1. DATED DATE AND DELIVERY DATE. The Bonds will begin to accrue interest from June 1,
2001. The expected closing/delivery date of the Bonds is June 12, 2001,
2. INTEREST PAYMENT DATES. Interest will be payable semiannually on January 1 and July 1,
commencing January 1, 2002.
3. PRINCIPAL PAYMENTS. The total principal amount will be 15$ . 81,500. Principal will be paid
once annually on July 1, beginning July 1, 2002 through July 1, 2021. Principal payments will be in
increments of $5,000 as shown on the attached debt service schedule, wmmt Bond Number 1 will be
issued in the nrincinal amount of $6.500.
4. PAYMENT OF ASSESSMENTS. The special assessments for the costs ofthe Improvements will be
payable over a term not exceeding 20 years, each in equal semiannual installments of principal, plus
interest.
5. OPTIONAL/MANDATORY REDEMPTION. The Bonds may not be prepaid from the proceeds of
refunding bonds prior to July 1, 2006. Bonds are callable on any date from unused proceeds of the
Bonds remaining after completion of the Project or from prepaid assessments. Notice of redemption
must be mailed by first-class mail to the registered owner of each Bond to be redeemed at least 30
days before the redemption date.
6. DATE AND TIME OF SALE. Bids for the Bonds will be received by the City in the office of the
City Finance Officer until 12:00 NOON (M.T.) on May 23, at which time bids will be opened and
tabulated. The tabulation of bids will be presented to the City Council at the Councirs special meeting
on May 23 at 7:00 P.M. (M.T.), at which time the award of the sale of bonds, if any, will be made.
Award of sale will be made to the bidder with the lowest true interest cast (TIC) by the City Council.
7. AWARD OF SALE. The Bonds will be awarded based on the lowest true interest cost ("TIC") to
the City.
8. DISCOUNT. Bidders must submit a bid for all Bonds atthe price ofno less than $1.549.870 (98%of
par; 2.00% discount).
9. BIDDING RESTRICTIONS.
➢ Separate interest rates expressed in integral multiples of 1/8 or 1/20 of 1%will be bid on each
maturity of Bonds.
➢ Individual interest rates maybe no higher than 7.00% with the difference between the highest
and lowest rate being no greater than 3.50%.
➢ No supplemental coupons will be allowed.
10. GOOD FAITH CHECK. Bids must be accompanied with bid security in an appropriate form
(cashiers check, certified check or surety bond) in an amount equal to 2.00% of the principal amount
of the Bonds 1630 .
05/02/101 WED 15:42 FAX 14065879634 D.A.DAVIDSON IM004
11. PAYING AGENT AND REGISTRA"OOK-ENTRY FORM ONLY. An independent trust
company will serve as Registrar and Paying Agent (the "Registrar') for the Bonds. The Bonds will be
fully registered in Book -Entry Form Only.
12. BANK QUALIFIED STATUS. The City will designate the Bonds 'Bank Qualified" (meaning
the City does not anticipate issuing over $10 million in Bonds during 2001).
13, CONTINUING DISCLOSURE. The City will comply with the full continuing disclosure
requirements.
14. NO RATING OR INSURANCE. The Bonds will not be rated or insured.
15. COSTS OF ISSUANCE AND MISCELLANEOUS. The Citywill pay all costs ofissuance including
Bond Counsel fees, Financial Advisor fees, initial Paying Agent and Registrar fees, costs of printing
and distributing the Preliminary and final Official Statements and certain miscellaneous expenses.
The City will provide the purchaser of the Bonds up to 100 copies of the "final' Official Statement
within seven business days of the sale of the Bonds.
RESOLUTION NO. 010
RESOLUTION RELATING TO $1,581,500 SPECIAL
IMPROVEMENT DISTRICT NO. 343 BONDS; AUTHORIZING
THE ISSUANCE AND CALLING FOR THE PUBLIC SALE
THEREOF AND AUTHORIZING THE PLEDGE OF THE
REVOLVING FUND TO THE SECURITY THEREOF
BE IT RESOLVED by the City Council (the "Council") of the City of Kalispell,
Montana (the "City"), as follows:
Section 1. Recitals.
(a) This Council has duly and validly created and established in the City under
Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended (the "Act"), a special
improvement district, designated as Special Improvement District No. 343 (the "District"), for
the purpose of financing costs of certain public improvements of special benefit to the properties
within the District (the "Improvements") and paying costs incidental thereto, including costs
associated with the sale and the security of special improvement district bonds of the City drawn
on the District (the `Bonds"), the creation and administration of the District, the funding of a
deposit to the City's Special Improvement District Revolving Fund (the "Revolving Fund") and
the funding of a District Reserve Account securing the Bonds in the District Fund (the "Reserve
Account"). The total estimated costs of the Improvements, including such incidental costs, to be
financed by the District are $1,581,500. The costs of the Improvements are to be paid from the
proceeds of the Bonds, which are to be payable primarily from special assessments to be levied
against property in the District, which property will be specially benefitted by the Improvements
in an amount not less than $1,581,500.
(b) The City is authorized by Montana Code Annotated, Section 7-12-4204(1) to
sell the Bonds at a price less than the principal amount thereof, but including interest thereon to
the date of delivery, if this Council determines that such sale is in the best interests of the District
and the City.
(c) It is necessary that the Bonds be issued and sold in an aggregate principal
amount of $1,581,500 to finance the costs of the Improvements, including incidental costs,
described in Subsection (a). The costs of the Improvements are currently estimated, as follows:
Improvement Costs
$ 1,095,308.97
Engineering (Design/Construction Mgmt.)
160,000.00
Administration
40,000.00
Reserve Account Deposit
79,075.00
Revolving Fund Deposit
79,075.00
Costs of Issuance
20,148.57
Underwriter's Discount
31,630.00
Contingency
113,262.46
Total
$ 1,618,500.00
Costs in excess of the Bond proceeds will be paid from funds that the City has on
hand in the amount of $37,000.
Section 2. Determination of Public Interest in Allowing Bond Discount. Pursuant
to the authority described in Section 1, this Council hereby determines to fix the minimum price
for the Bonds at $1,549,870, plus interest accrued thereon to the date of delivery. Such
minimum bid will enable bidders to bid more efficiently for the Bonds by permitting them to
submit their bids based on actual market conditions without adjusting the interest rates thereon to
provide compensation for their purchase of the Bonds. This procedure will facilitate the sale of
the Bonds at the lowest interest rates, which is in the best interests of the District and the City.
Section 3. Findings and Determination To Pledge the Revolving Fund. In the
Resolution of Intention To Create the District, adopted on January 22, 2001, this Council found it
to be in the public interest, and in the best interest of the City and the District, to secure payment
of principal of and interest on the Bonds by the Revolving Fund and authorized the City to enter
into the undertakings and agreements authorized in the Act in respect of the Bonds, based on the
factors required to be considered under Section 7-12-4225(4) of the Act. Those findings and
determinations were ratified and confirmed in the resolution adopted by this Council on March 5,
2001, creating the District, and are hereby ratified and confirmed. It is hereby covenanted and
recited that the City has the power under the Act to pledge the Revolving Fund to payment of the
principal of and interest on the Bonds.
Section 4. Terms of the Bonds. This Council hereby authorizes the issuance and
sale of the Bonds, to be denominated "Special Improvement District No. 343 Bonds," of the City
in the aggregate principal amount of $1,581,500 (the "Bonds") for the purpose of financing the
Improvements. The Bonds shall be dated, as originally issued, as of June 1, 2001, and shall bear
interest payable semiannually on January 1 and July 1 of each year, commencing January 1,
2002, at a rate or rates designated by the successful bidder at public sale and approved by this
Council. If issued as serial bonds, the Bonds shall mature on July 1 in each of the following
years and principal amounts:
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Principal
Principal
Year
Amount
Year
Amount
2002
$76,500
2012
$80,000
2003
75,000
2013
80,000
2004
75,000
2014
80,000
2005
75,000
2015
80,000
2006
80,000
2016
80,000
2007
80,000
2017
80,000
2008
80,000
2018
80,000
2009
80,000
2019
80,000
2010
80,000
2020
80,000
2011
80,000
2021
80,000
If issued as amortization bonds, the Bonds will be issued as a single bond or
divided into several bonds, as the Council may determine at the time of the sale, and the principal
of and interest on the Bonds shall be payable semiannually in equal payments on each July 1 and
January 1, commencing January 1, 2002 and concluding July 1, 2021, unless the Bonds are
earlier redeemed. Serial bonds shall be in the denomination of $5,000 each or any integral
multiple thereof of single maturities; provided that one Bond with a stated maturity in 2002 shall
be issued in the principal amount of $6,500.
The Bonds shall be issuable only as fully registered bonds and shall be executed
by the manual or facsimile signatures of the Mayor and the City Clerk. The Bonds shall be
secured by the Reserve Account and the Revolving Fund.
Section 5. Public Sale. The Bonds shall be sold at a public competitive sale
which is hereby called and shall be held at a regular meeting of this Council on May 23, 2001, at
7:00 p.m., MT. The City will receive sealed bids for the Bonds in accordance with the notice of
sale hereinafter prescribed. The City Clerk is hereby authorized and directed to cause notice of
the sale to be published, as required by Montana Code Annotated, Sections 7-12-4204, 7-7-4252
and 17-5-106, in the Daily Inter Lake, once each week for two successive weeks preceding the
week which contains the date of sale. The notice of sale shall be published and mailed in
substantially the form set forth as Exhibit A to this resolution (which is hereby incorporated
herein and made a part hereof) and this Council hereby adopts the terms and conditions set forth
in such notice of sale as the terms and conditions of the sale of the Bonds.
Section 6. Official Statement. The City Clerk and other officers of the City, in
cooperation with D.A. Davidson & Company, financial consultants to the City, are hereby
authorized and directed to prepare on behalf of the City an official statement to be distributed to
potential purchasers of the Bonds. Such official statement shall contain the terms and conditions
of sale set forth in the notice of sale adopted in Section 4 and such other information as shall be
advisable and necessary to describe accurately the City and the security for, and terms and
conditions of, the Bonds. The City Clerk is authorized on behalf of the City to deem the official
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statement near "final' as of its date, in accordance with Rule 15c2-12(b)(1) under the Securities
Exchange Act of 1934.
Section 7. Continuin2 Disclosure. In order to permit bidders for the Bonds and
other participating underwriters in the primary offering of the Bonds to comply with paragraph
(b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the
Securities Exchange Act of 1934 (the "Rule"), the City will covenant and agree, for the benefit of
the registered holders and beneficial owners from time to time of the outstanding Bonds, in the
resolution prescribing the terms of the Bonds, to provide annual reports of specified information
and notice of the occurrence of certain events, if material. The City and the District Fund and
Revolving Fund are the only `obligated persons" in respect of the Bonds within the meaning of
the Rule for the purposes of disclosing information on an ongoing basis. A description of the
undertaking is set forth in the Official Statement. Failure of the City to enter into an undertaking
substantially similar to that described in the Official Statement would relieve the successful
bidder of its obligation to purchase the Bonds. The City has complied in all material respects
with any undertaking previously entered into by it under the Rule.
Passed by the City Council of the City of Kalispell, Montana, this 7th day of May,
2001.
ATTEST:
City Clerk
El
Mayor
NOTICE OF BOND SALE
FACE AMOUNT SPECIAL IMPROVEMENT DISTRICT NO. 343 BONDS
CITY OF KALISPELL, MONTANA
NOTICE IS HEREBY GIVEN that the City of Kalispell, Montana (the "City"),
will sell to the highest and best bidder for cash, as evidenced by sealed bids, the above -described
Bonds drawn against the fund of Special Improvement District No. 343 in the principal amount
of $1,581,500.
Sealed bids for the purchase of the Bonds will be received until 12:00 Noon, MT,
on Wednesday, the 23rd day of May, 2001, at the office of the City Clerk in Kalispell, Montana,
at 312-1st Avenue East, Kalispell, Montana, at which time the bids will be opened and tabulated.
The City Council of the City will meet at 7:00 o'clock p.m. on the same day in the Council
Chambers to consider the bids and the award of sale of the Bonds and, if a responsive and
acceptable bid is received, award the Series 2001 Bonds to the responsive bidder whose bid
reflects the lowest true interest cost to the City.
Purpose and Security
The Bonds will be issued for the purpose of financing the cost of construction of
certain local improvements (the "Improvements") within or for the benefit of Special
Improvement District No. 343 (the "District"), in accordance with the provisions of Montana
Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended (the "Act"). The Bonds will
be special, limited obligations of the City and do not constitute general obligations of the City.
The Bonds are payable primarily from the collection of a special tax or
assessment which is a lien against the assessable real property within the District benefitted by
the Improvements to be undertaken therein or therefor. The special assessments are payable in
semiannual installments over a term not exceeding 20 years, each in equal semiannual
installments of principal, plus interest, with unpaid installments of the special assessments
bearing interest at a rate equal, from time to time, to the sum of (i) the average rate of interest
borne by the then outstanding Bonds, plus (ii) one-half of one percent (0.50%) per annum.
The City will establish in the District Fund, and fund with $79,075 from proceeds
of the Bonds, a District Reserve Account (the "Reserve Account"), from which moneys are to be
applied to pay principal of and interest on the Bonds in the event collections of special
assessments are insufficient therefor. The City has no obligation to replenish the Reserve
Account if funds are withdrawn therefrom.
The Bonds are further secured by the Special Improvement District Revolving
Fund of the City (the "Revolving Fund"). The City will agree to make a loan from the Revolving
Fund to the district fund established for the District (the "District Fund") to make good any
deficiency then existing in the principal and interest accounts therein after depletion of the
Reserve Account and to provide funds for the Revolving Fund by levying a tax or making a loan
from the City's general fund to the extent and for the period authorized by the Act.
Date and Tyne
The Bonds will be dated, as originally issued, as of June 1, 2001, and will be
issued as negotiable investment securities in registered form as to both principal and interest.
Maturities and Form
If issued as serial bonds, the Bonds shall mature, subject to redemption, on
July 1 in the following years and amounts:
Principal
Year Amount
Principal
Year Amount
2002
$76,500
2012
$80,000
2003
75,000
2013
80,000
2004
75,000
2014
80,000
2005
75,000
2015
80,000
2006
80,000
2016
80,000
2007
80,000
2017
80,000
2008
80,000
2018
80,000
2009
80,000
2019
80,000
2010
80,000
2020
80,000
2011
80,000
2021
80,000
If issued as amortization bonds, the Bonds will be issued as a single bond or
divided into several bonds, as the Council may determine, and the principal of the Bonds shall be
payable semiannually on each January 1 and July 1, commencing January 1, 2002 and continuing
through July 1, 2021, subject to prior redemption. Serial bonds shall be in the denomination of
$5,000 each or any integral multiple thereof of single maturities; provided that one Bond with a
stated maturity in 2002 shall be in the principal amount of $6,500.
Book Entry
The Bonds will be issued by means of a book entry system with no physical
distribution of Bonds made to the public. The Bonds will be issued in fully registered form and
one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will
be registered in the name of Cede & Co. as nominee of The Depository Trust Company COW"),
New York, New York, which will act as securities depository of the Bonds. Individual purchases
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of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single
maturity, provided that one Bond with a stated maturity in 2002 shall be in the principal amount
of $6,500, through book entries made on the books and records of DTC and its participants.
Principal and interest are payable by the registrar to DTC or its nominee as registered owner of
the Bonds. Transfer of principal and interest payments to participants of DTC will be the
responsibility of DTC; transfer of principal and interest payments to beneficial owners by
participants will be the responsibility of such participants and other nominees of beneficial
owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the
Bonds with DTC.
Redemption
Mandatory Redemption. If on any interest payment date there will be a balance in
the District Fund after payment of the principal and interest due on all Bonds drawn against it,
either from the prepayment of special assessments levied in the Districts or from the transfer of
surplus money from the Construction Account to the Principal Account, outstanding Bonds, or
portions thereof, in an amount which, together with the interest thereon to the interest payment
date, will equal the amount of such funds on deposit in the District Fund on that date are subject
to mandatory redemption on that interest payment date. The redemption price shall equal the
amount of the principal amount of the Bonds to be redeemed plus interest accrued to the date of
redemption.
Optional Redemption. The Bonds are subject to redemption, in whole or in part,
at the option of the City from sources of funds available therefor other than those described under
"Mandatory Redemption" on any interest payment date; provided, however, the Bonds shall not
be called for redemption (i) from amounts on deposit in the Reserve Account or (ii) before July
1, 2006, from the proceeds of refunding special improvement district bonds or warrants. The
redemption price shall equal the principal amount of the Bonds to be redeemed plus interest
accrued to the date of redemption.
Selection of Bonds for Redem to ion. If less than all of the Bonds are to be
redeemed, Bonds shall be redeemed in order of the stated maturities thereof. If less than all
Bonds of a stated maturity are to be redeemed, the Bonds of such maturity shall be selected for
redemption in $5,000 principal amounts selected by the Registrar by lot or other manner it deems
fair, except that the Bond with a stated maturity in 2002 and in the principal amount of $6,500
shall be redeemed before other Bonds of such stated maturity.
Interest Payment Dates, Rates
Interest will be payable each July 1 and January 1, commencing January 1, 2002,
to the registered owners of the Bonds as such appear in the bond register as of the close of
business on the 15th day (whether or not a business day) of the immediately preceding month.
All Bonds of the same stated maturity must bear interest from date of original issue until paid at
a single, uniform rate. Each rate must be expressed in an integral multiple of 1/8 or 51100 of 1%.
Interest will be calculated on the basis of a 360-day year consisting of twelve 30-day months.
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Individual interest rates may be no higher than 7.00%, with the difference between the highest
and lowest rate being no greater than 3.50%.
Bond Registrar, Transfer Agent
and Paying Agent
The City shall select a bond registrar, transfer agent and paying agent (the
"Registrar") in connection with the Bonds. The bond register will be kept, transfers of
ownership will be effected and principal of and interest on the Bonds will be paid by the
Registrar. The City will pay the charges of the Registrar for such services. The City reserves the
right to remove the Registrar and to appoint a successor.
Delivery
Within 45 days after the sale, the City will deliver to the Registrar the printed
Bonds ready for completion and authentication. The original purchaser of the Bonds must notify
the Registrar, at least five business days before issuance of the Bonds, of the persons in whose
names the Bonds will be initially registered and the denominations of the Bonds to be originally
issued. If notification is not received by that date, the Bonds will be registered in the name of the
original purchaser and, if serial bonds, will be issued in denominations corresponding to the
principal maturities of the Bonds. On the day of closing, the City will famish to the purchaser
the opinion of Bond Counsel hereinafter described, an arbitrage certification and a certificate
stating that no litigation in any manner questioning the validity of the Bonds is then pending or,
to the knowledge of officers of the City, threatened. Payment for the Bonds must be received by
the City in immediately available funds at its designated depository on the day of closing. The
successful bidder shall submit to the City Clerk not earlier than 48 hours after the award of sale
and not later than the day of closing a certificate, in form satisfactory to Bond Counsel, as to the
initial reoffering price of each stated maturity of the Bonds and stating that at least ten percent of
the principal amount of such Bonds of each stated maturity has been sold at such respective
prices.
Qualified Tax -Exempt Obligations
The Bonds will be designated by the City as "qualified tax-exempt obligations"
within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the
"Code"), and financial institutions described in Section 265(b)(5) of the Code may treat the
Bonds for purposes of Sections 265(b)(2) and 291(e)(1)(B) of the Code as if they were acquired
on August 7, 1986.
Legal Opinion
An opinion as to the validity of the Bonds and the exclusion of the interest thereon
from gross income for federal income tax purposes and Montana individual income tax purposes
will be furnished by Dorsey & Whitney LLP, of Missoula, Montana, and Minneapolis,
Minnesota, as Bond Counsel. The legal opinion will be printed on the Bonds. The legal opinion
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will state that the Bonds are valid and binding special, limited obligations of the City enforceable
in accordance with their terms, except to the extent to which enforceability thereof may be
limited by the exercise of judicial discretion or by state or federal laws relating to bankruptcy,
reorganization, moratorium or creditors' rights.
Type of Bid and Good Faith Deposit
Sealed bids for not less than $1,549,870 and accrued interest on the principal sum
of FACE AMOUNT must be mailed or delivered to the undersigned and must be received at the
office of the City Clerk prior to the time stated above. Bidders must bid for all or none of the
Bonds. Each bid must be unconditional.
Except for a bid by or on behalf of the Board of Investments of the State of
Montana, a good faith deposit (the "Deposit") in the form of money, cashier's check, certified
check, bank money order, or bank draft drawn and issued by a federally chartered or state
chartered bank insured by the federal deposit insurance corporation or a financial surety bond in
the sum of $31,630 payable to the order of the City is required for a bid to be considered. If
money, cashier's check, certified check, bank money order, or bank draft is used, it must
accompany the bid and be delivered to the Financial Officer. If a financial surety bond is used, it
must be from an insurance company licensed and qualified to issue such a bond in the State of
Montana and such bond must be submitted to the Financial Officer, or the City's financial
advisor prior to the opening of the bids. The financial surety bond must identify each bidder
whose Deposit is guaranteed by such financial surety bond. If the Bonds are awarded to a bidder
utilizing a financial surety bond, then that purchaser is required to submit its Deposit to the City
in the form of a cashier's check (or wire transfer such amount as instructed by the City or its
financial advisor) not later than 1:00 p.m., Mountain Daylight Time, on the next business day
following the award. If such Deposit is not received by that time, the financial surety bond may
be drawn by the City to satisfy the Deposit requirement. No interest on the Deposit will accrue
to the purchaser. The Deposit will be applied to the purchase price of the Bonds. In the event
the purchaser fails to honor its accepted bid, the Deposit will be retained by the City as liquidated
damages. The Deposit of the unsuccessful bidders will be returned immediately on award of the
Bonds to the purchaser or after rejection of all bids. Instructions for wiring the Deposit may be
obtained from the City's Financial Advisor, Bridget Ekstrom, Vice President, D.A. Davidson &
Company, 529 East Main Street, Bozeman, Montana, 59715, (800) 233-4359.
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Award
The bid authorizing the lowest iief interest cost (total interest on all Bonds from
June 1, 2001 to their maturities, less any premium or plus any discount), will be deemed the most
favorable. In the event that two or more bids state the lowest net interest cost, the sale of the
Bonds will be awarded by lot. No oral bid will be considered. The City reserves the rights to
reject any and all bids, to waive informalities in any bid and to adjourn the sale.
CUSIP Numbers
The City will assume no obligation for the assignment 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 original purchaser
waives any delay in delivery occasioned thereby.
Official Statement
The City will prepare an Official Statement relating to the Bonds which the City
will deem, for purposes of SEC Rule 15c2-12, to be final as of its date. The City will deliver, at
closing, a certificate executed by the Mayor, the City Clerk and the Financial Officer to the effect
that, to the best of their knowledge, as of the date of closing, the information contained in the
Official Statement, including any supplement thereto, does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements therein, in light of
the circumstances in which they are made, not misleading; provided that no comment will be
made with respect to any information provided by the successful bidder for inclusion in any
supplement to the Official Statement.
By submitting a bid for the Bonds, the successful bidder agrees: (1) to disseminate
to all members of the underwriting syndicate copies of the Official Statement, including any
supplements prepared by the City, (2) to file promptly a copy of the Official Statement, including
any supplement prepared by the City, with a nationally recognized municipal securities
repository, and (3) to take any and all other actions necessary to comply with applicable rules of
the Securities and Exchange Commission and the Municipal Securities Rulemaking Board
governing the offering, sale and delivery of the Bonds to ultimate purchasers.
Within seven business days after the sale the City will furnish to the successful
bidder without charge up to 100 copies of the final Official Statement relating to the Bonds. The
successful bidder must notify the Financial Officer in writing within seven business days after
the award of sale of the Bonds if it requires additional copies of the Official Statement. The cost
of additional copies shall be paid by the successful bidder.
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Continuing Disclosure
In order to permit bidders for the Bonds and other participating underwriters in the
primary offering of the Bonds to comply with paragraph (b)(5) of Rule 15c2-12 promulgated by
the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the
"Rule"), the City will covenant and agree, for the benefit of the registered holders and beneficial
owners from time to time of the outstanding Bonds, in the resolution prescribing the terms of the
Bonds, to provide annual reports of specified information and notice of the occurrence of certain
events, if material. The City and the District Fund and Revolving Fund are the only "obligated
persons" in respect of the Bonds within the meaning of the Rule for the purposes of disclosing
information on an ongoing basis. A description of the undertaking is set forth in the Official
Statement. Failure of the City to enter into an undertaking substantially similar to that described
in the Official Statement would relieve the successful bidder of its obligation to purchase the
Bonds. The City has complied in all material respects with any undertaking previously entered
into by it under the Rule.
Information for bidders and bidding forms may be obtained from the undersigned
City Clerk, in Kalispell, Montana, telephone (406) 758-7701, or from D.A. Davidson &
Company in Bozeman, Montana, telephone (800) 233-4359, financial consultants to the City.
Dated: t 7 , 2001.
BY ORDER OF THE CITY COUNCIL
Theresa White, City Clerk
City of Kalispell, Montana
Publish: May 9, 2001
May 16, 2001