Loading...
Tab 04 Resolution No. 5120CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE 1, the undersigned, being the duly qualified and acting recording officer of the City of Kalispell, Montana (the "City"), hereby certify that the attached resolution is a true copy of a Resolution entitled: "RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 344 BONDS, SERIES 2006; AWARDING THE SALE THEREOF AND APPROVING CERTAIN MATTERS WITH RESPECT THERETO" (the "Resolution"), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City �p Council of the City at a special meeting on June 13,, 2006, and that the meeting was duly held by the City Council and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting,, the following Council Members voted in favor thereof: Bob Herron,...Rany Kenyon, Tim Kluesner, Duane Larson, Hank Olson, and Mayor Pamela B. Kennedy - voted against the same: None abstained from voting thereon: None -, o.r were absent: Jim Atkinson, Kari Gabriel, and Bob Hafferman . � WITNESS my hand and seal officially this 13th day of June, 2006. (SEAL) L) �):A Theresa White City Clerk ts L*73 RESOLUTION NO* 5120 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 344 BONDS, SERIES 2006; AWARDING THE SALE THEREOF AND APPROVING CERTAIN MAT17ERS WITH RESPECT THERETO BE IT RESOLVED by the City Council (the "City Council") of the City of Kalispell, Montana (the "City"), as follows: 1. Thi's City Council on April 3, 2006 adopted Resolution No. 5111 providing for the public sale of Special Improvement District No. 344 Bonds, Series 2006 (the "Bonds"), in an original aggregate principal amount of $4,520,000, to finance the costs of certain local improvements to be undertaken in or for the benefit of the properties -within Special Improvement District No. 344. The notice.oi Bond sale (the "Notice of Sale") has been duly published. by the City in The Daily Inter Lake in accordance with Montana Code Annotated, Sections 7-12-4204, 7-7-4252 and 17-5-106. Pursuant to the Notice of Sale, 1 (one) bid for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened and publicly read and considered, and the purchase price, interest rates and true interest cost under the terms of each bid have been determined. 2. The bid of D.A. Davidson & Co. (the "Purchaser") to purchase the Bonds, is hereby determined to comply with the Notice of Sale, and to be the lowest, most reasonable bid for the purchase of the Bonds and representing the lowest true interest cost (TIC). The bids of the Purchaser and the other bidders are listed in Exhibit A attached hereto and made a part hereof. The bid of the Purchaser is hereby accepted by the City Council and the sale of the Bonds is hereby awarded to the Purchaser. The bid security of the Purchaser shall be retained by the City pending delivery of the payment for the Bonds and the bid security of all other bidders shall be promptly returned. 3. The Mayor and the City Clerk are hereby authorized and directed to execute a bid form or purchase contract for the Bonds with. the Purchaser. 4. The Preliminary Official Statement relating to the Bonds, dated May 3,1-.-- , and together with any addendum -or final official statement thereto (the "Official Statement"), is hereby approved and the determination of the City officials that the Official Statement has been deemed final for purposes of SEC Rule 15c2-12(b)(1) is hereby ratified ' and confirmed. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement and to deliver to the Purchaser- within seven (7) business days after the date of adoption of this resolution copies of the Official Statement 'in accordance with the Notice of Sale, supplemented so as to contain the terms of the Bonds as set forth in this resolution and the reoffering and other information provided by the Purchaser for inclusion in the Official Statement. 5. This City Council shall prescribe the form and security for the Bonds in a subsequent resolution to be considered on June 19, 2006. PASSED AND ADOPTED. BY THE CITY THIS 13TH DAY OF JUNE, 2006. , Theresa White City Clerk OF THE CITY OF KALISPELL,, MONTANA,, 010.1UPICUL BID FORM $49520-9000 CITY OF KALISPELL9 MONTANA SPECIAL IMPROVEMENT DISTRICT NO. 344 BONDS., SERIES 2006 City Commission City of Kalispell, Montana 312 1"t Avenue East P.O. Box 1997 Kalispell, Montana 59903 Pursuant to the provisions contained in the Notice of Bond Sale dated Apn*l 3, 2006, (the "Notice of Sale") for the purchase of $4,520,000 pn*ncipal amount of your City of Kalispell, Montana, Special Improvement District No. 344 Bonds,, Series 2006 (the "Bonds'), we hereby offerto purchase all of the Bonds fromyou at the price of$ /;;L le &00. which amount is not less than $4,,429,,600 (98.0%)(for-'a discount of j 4P $90,400), plus accrued interest, if any, plus a preniium of $ the Bonds to bear interest at the rates set forth opposite the years and amounts as follows: Year Principal Amount Interest Rate Year Principal Amount Interest Rate 2007 $225:�000 0 -76) a % 2017 $225!X0 % 2008 2251A0 3-So % 2018 225:)000 % 2009 225�"000 03, 93!� % 2019 2255000 % 2010 225000 3 2�_% 2020 225 000 % 2011 2012 225000 225!W0 (100 % % 2021 2022 225:0000 225A0 % % 2013 225�Wo V ;L0 % 2023 230��000 % 2014 2251000 I/Jo % 2024 2301>000 571/0 % 2015 225� 000 % 2025 2301.1� 000 % Z70/0 2016 2251P000 % 2026 2301.5000 Desi of Term Matun'ties: -(Years included m* Term Maturities, if The following is submitted. not as part of this bid, but for informational purposes, and is subject to verification prior to award: ToW interest from June -15, 2006 to maturity ..................... $ 4/. -12 5-�2- Plus discount, if any ........................................................ $ 901 Less premium, if any ............................................... $ ;7S4w>,. Total Dollar Interest Cost .................................................... $ True Interest Cost C"TIC") .............. ....... Bidders have the option of combining the Bonds maturing on and after 2007 through and including 2013 and on and after 2014 through and including 2026 into one or more term bonds as described in the Notice of Sale. Enclosed herewith is a good faith deposit in the form of lawfW money of the. United States,, cashiefs check,,, certified check bank money order or a 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 amount of $90,400 payable to the order of the "City of Kalispell, Montana7 to be held and disposed of by you as provided in the Notice of Sale. This bid must be accepted in its -entirety withm' the time provided in the Notice of Sale. and if not'so accepted by you within such time shall be deemed to- have been rejected. This bid shaH remain' irrevocable- until the expiration of such time unless sooner rejected by you. Each of the Bidders listed below: (i) acknowledges receipt of the Preliminaiy Official Statement dated May 3 1 v 2006 and the Notice of Sale dated April 3, 2006 (ii) represents and warrants that it has full power and authority to make this bi d and to purchase the Bonds if this bid is accepted; (iii) agrees that the validity and interpretation of this bid shaH be governed by the laws of the State of Montana; and (iv) acknowledges that bids may be transmitted electronically through ParityTm in accordance W1*th the terms and conditions of the Notice of Sale and that to the extent any instruction or directions set forth in Parity1m conflict with the Terms and Conditions of Sale,, the terms of the Terms and Conditions of Sale shall control. In the event the Bidders are acting.-througy-h, a Representative(s'�, each of the undersigned Representative(s) warrants that it has the necessary power and authority to act on behalf of each of the Bidders. Respectfully submitted this 13thday of June, 2006,, BIDDER: BY A As Representative(s) of the persons, firms and/or corporations named below: SELLING GROUP/ SYNDICATE: 1. 3. . , 2. 4. Acce d on behalf of the. City of Kalispell, Montana as'of June 13, 2006: 2eand on BY. ATTEST: Pamela B. Kenn 0,Mayor Th sa White- City Clerk