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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