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.
e2
n's A
Pubfic for the State of Montana
ary I
L - I
esiding in Kalispell
My Commission expires 5/30/99
Bob
11spait, moniana une
PC
4tyl—,"soo-
est and best bkkW forcash,
as oWdenced. by -sealed
b1ds,,-4h#1above-d*s=ibed
Bonds drawrinainst the
fundiF,ot,spe" improve-
8600d.bkli', fdr the put-
chasv�*Ihs'b6nds will- be
recahmd until -11:00 Bar
M.D,T.i-on-_#A*Way. tb�
21st,day of Augost�_l 9W at
Viwoftv of Vie-, Firainico Di-
reckW; W Nall; 312 — 1 st
Avemm-East-.- Kalispell
Montgna..At.,11:30 &;A,:
M.D.T.:00'VWday We bids
'I cil Cham
ri W utat a d-
b*r$4,.C41y,tNaII,,312 —'1st
Avenuit-7jeast.' Kali4pell,
Mbiftooiv- ancf.�Ilthe.-_ City
Nft " award. the sale of
the. N4ds'at 7A'p.m -
,T
*.Panft wv be iuL%d
fiDr'. - - of financing
the Vorr=wnstructl on of
Flwts:,11�14N,U*= "
r . ...
r . 'BMd$
4r
Obli-
gatiorm of thovCRY-iand do -
not WrIstitute.- Wtv iel
gatlons bf ft
primarily from the collec-
tko of a - special tax or as-
,"ssm.n1_wfth is a lion
WwAing mlossable real
pr
the District
=W�5,ffWth# Improve-
m#M.;"6e special assess-
rntints we payable In equal,
semiannual installmentsof
principal over a 15
,Wyeq
tom with unpaid staff
ments of the special as-4
sessments bearkv Interest-,
at a rats equal, in a fiscal
y"r, to the averaos rate of
interest borno'by the,then
outstanding Bonds, plus
owhalt�of one percent per
arinum-,The Bonds are fur-
ttw SeCured by'ft Special
Impr*ument,IDI#trlct Re-
,A:4vft.fundV#W,_ city -(ft
O.RevolvIng. -Fund*). The
CR�VlWagr"'to make a
loan fr6m,the Revolving,
Fund WthwDistrkXs fund to
make good-iny--deficiency
then existing In the principal
aid 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
funcl to the extent authorized
by the AcL
Date and Type
The Bonds will be dated,
as.orivinally issued, as of
SepterriW 1. 1995, and will
be Issued as negotiable in-.
yeefterd secumWe In req-
kmwW Opm as to bom prin,-
cipal aw ifftrem
Maturities and Redemp-
tion
The &PWs shall mature.
subiuZio redemption. on
J* t in the 10111-owing years
and W
W.. U n t
1997 '2'0 0 4
1990 5,000: 2005
5.0w
1999 S.ODO 2006
5.0W
installment or installments
-_ —.— I VW%W = ~---
moratorium or crodlt;rs. bonds if it requires addi-
of the Bonds to be re-
rights. tional copies of the official
deemed plus interest ac.
Type of Bid aw Award Statement. The cost of ad-
-orued thiereon to the date of
Submission of Bids. ditional copies shall be paid
redemp6on
Sealed bids for not less than by the successful bkkier.
The Bo;ds are also re-
-deemable at the option of
$97,000 and accrued inter- Additional information re-
est on the principal sum of garding the District and the
-the City on any 4nterest
date if
$1 00.00o mum be majj44 or Bonds may be obtained
:.,Payment there are
funds to tho credit of the
for
delivered to tho undersqnod from City Finance Director,
and must, be received at the City of Kalispell. P.O. Box
I'Distr ct und th& re-
rid"pitlon � thereon. The
office of the Fkwurm Direc- 1997. Kalispell, MT 59903,
tor prior to ft time stated (406) 758.7155.
[- . will be redeemed in
above. BkkWs must bid for Dated: July 28,1995.
Mis order of the principal in-
�'stallmenfs 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 not /s/ Debbie Gifford. CNIC
able from the proceeds of
interest cost (total interest Clt Clerk of Council
anissue of refunding bonds
on all Bonds from Septem- Cityy of V Montana
before July 1, 2001.
.,&poll,
ber 1. 1995 to their maturi- August 4Q91995
Interest Payment Dates,
ties. less any cash premi-
Rates
um or plus any discount).
Interest willsbe payable
will be deemed the "xist fa-
saich JanuaryA and July 1.
vorable. In the event that
commencing Japdary'l.
two or more bids state the
1997. to ft regWared own-
lowest not Interest cost, the
ers of the Bonds as such
sale of tho Bonds will be
appear in the bond register
awarded by la. No orai bid
as of the close of business
will be corisiderO. The City
on the 15th day (whether or
reserves ft rights to re*1
not a business day) of the
I Immediately preceding
any and all bids. to waive
informalitles in any bid and
month. All Bonds of the
to adjourn the sale.
same stated maturity must
Good Faith Deposit. A
beat interest from the date
good faith depos4 (the "Do -
of original 0Aue 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 statelchartered
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 surst
pressed in an integral mul-
bond in the sum of $2,02
tiple of 1/8 or 5/1G0 of 1%.
payable to the order of the
No "S' or supplemental in-
City of Kalispell Is required
West shail be allowed.
Bond Registrar, Transfer
for each bid to be consid-
erad. If money. cashier's
Agent and Paying AW1
check. certifiecl &seck, bank
The: -.Commi �jll
qr barik:*Aft
"ReVstrar-). The bond reg-
Ister will be kept. tra"fors
of ownership win be ~-
'ed4nd principal-otAnd.in-
terest on the Bonds -win be
paid b the R
tt�,lstrar.,The
,city wirl pay , Charges of
the'Registrar for such serv-
fee& 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
ioriginal purchaser, (the
?,*Purchaser') of the Bonds
must notify the Registrar. at
least five business days be.
fore issuance of the Bonds.
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
Bonds will be registered in
the name of the Purchaser
and will be issued in de-
nominations correspopding
to ft principal maturities of
the Bonds. On the day of
closing, the City will fu!nish
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
r&-ftble funds at its desig-
nated depositary on the day
of closing, As a oiuxktion of
delivery. the Purchaser
must certify to the City in
wOting the initial reoffering
prices of the Bonds.
. Oualified Tax -Exempt
ObIgations
ij�-Tho Bonds will be desig-
nated by the City as
*qualffied tax-exempt obli-
gations" within the meaning
of Section 265 (b) (3) of the
internal Revenue Code of
1986. as amended (the
the Finance DW4qmv*4pfi-
neAciAl surety band Is usecl,
it must be from &4 In-
suranco company koroW.
qualified to issue such a!
bond in ft State of Montana
and such bond must be
submitted to dw 01y of Ka-
lispell, to the Finance OP,
rector,, or its finarwial advi-
sor prior to the opening of
the bids. The flnancial!sutp-�,,
ty bond must identify'aach
bidder whoso Deposit Is
guaranteed by such finan-
cial surety bond. If the
Bonds are awarded to a
bidder utilizing a financial
surety bond. then that ftr-
chaser is required to submit
ft Deposit to the City in lhe
form of a cashier's check
(or wire transfer such
amount as ln3trLcted the
City or its financial arlsor)
not later than 1:00 p.m.,
Mountain Daylight rime, on
the next business day -fol-
lowing the award. If such,
Deposit is not rwAlv*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
the purchase price of the
Bonds. In the event the P,ur-
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-
iection of all bids.
Instructions for wiring
Deposit may b# 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
'Pow-
mmwwy'-
IWbP(51�,of ft,Coc* may Qwltftjrv. fxi��
Participating under-
-treat the Bonds for purposes
200-9 of S"llons 265(b) (2) and writers need not comply
291(e) (1)(B) of the Code with paragraph (b) (5) of
1010W , : -
2= 5DOD 2010 as it they were acquired on Rule 15a2-12 promulgated
10.000. Au by the Securities and Ex -
gust 7.1986
Legal Opinion change Commission under
�2011, 10.000 An opinion as to the the Securities Exchange Act
-_The Bonds shalt be validity of the Bonds and the of 1934. because the ag-
issued as serial bonds in exclusion from gross in, gregate principal amount of
ft denonlirtaUon of $5,DOO 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
fi
Pie Vwool of &VO maturi- vidual income tax purpos�s quired to be integrated % jt�
ties. Amortization bonds of the interest thereon will the Bonds is less than
wid not be isSuea be furnished by Dorsey & $1.000,000. Consequently,
Tive Bands are subject to Whitney P.L.L.P., of Mis: the City will not enter Into t
maridatory redemption. in- soula, Montana. and Min any undertaking to provide .1
whole or in part on any IrW neapolis. Minnesota, as confirwil disclosure of any
terest paymen0steiwhe- Bond Counsel. The legal kind wilt respect to the
never. after,4�aym'ent of nion will be printed on Bonds.
pdWpail of vAnterest on Z Bonds. The %gal opink)n Oftw Staten -ant
-the Borids on Such date, wal state that the Bonds are Within, seynn business
two am hxWs Available for valid and binding special days after the sale the City
th* purpowiriii-tha District obligations of the City en. wil! furnish to the success-
11und from ft prepayrnent of forceable in accordance ful bidder without char
special asso$SmWft IdMed with their terms, except to 100 copies of the final 1.
in ft Distr�or from ur*x- the extent to which enforce- cial Statement relating to
perided proceeds of the ability thereof may be limit- the Bonds. The successful
BoWs ioky**V completion ed b the exercise of judi- bidder must notify the
'offfie Improvements. The cial Yiscretion or by state or Finance Director in writing
F 1"ZIAW lo'Ce 6-0 scival to federal laws relating to within seven business days
ft�arnouro of the principal bankruptcy. reorganization. after the award of sajo of the i