Resolution 4882 - Awarding Sale of Water System Revenue and Refunding BondsRESOLUTION NO.4882
RESOLUTION RELATING TO $1,840,000 WATER SYSTEM REVENUE AND
REFUNDING BONDS, SERIES 2004; AWARDING THE SALE THEREOF AND
APPROVING THE OFFICIAL STATEMENT RELATING THERETO.
BE 1T RESOLVED by the City Council (the "Council') of the City of Kalispell,
Montana (the "City"), as follows:
1. This Council on April 19, 2004, adopted a resolution providing for the public sale
of $1,840,000 Water System Revenue and Refunding Bonds, Series 2004 (the "Bonds"), in part
to finance the costs of a Project described therein and in part to refund certain outstanding bonds
of the City, as described therein. Notice of the sale has been duly published in accordance with
Montana Code Annotated, Section 7- 7-4434. Pursuant to the notice of sale, 2 sealed bids for
the purchase of the Bonds were received at or before the time specified for receipt of bids. The
bids have been opened (or accessed) and publicly read and considered, and the purchase price,
interest rates and net interest cost under the terms of each bid have been determined.
2. The bid of D.A. Davidson & Co. , of Great Falls. Montana (the "Purchaser"),
attached as Exhibit A, to purchase the Bonds is hereby determined to comply with the notice of
sale and to be the most favorable bid received for the purchase of the Bonds. The bid of the
Purchaser is hereby accepted and the sale of the Bonds is hereby awarded to the Purchaser. The
bid security of the Purchaser shall be retained pending payment for the Bonds and the bid
security of all other bidders shall be returned forthwith.
3. The Mayor and the Finance Director are hereby authorized and directed to
execute on behalf of the City a contract for the sale of the Bonds with the Purchaser.
4. The Preliminary Official Statement relating to the Bonds, dated April 20, 2004, is
hereby approved. 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 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 Council shall prescribe the form and security for the Bonds in a subsequent
resolution.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, ON
THE 3RD DAY OF MAY, 2004. t 1
Pamela B.
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
OFFICIAL BID FORM
$1,840,000
City of Kalispell, Montana
Water System Revenue and Refunding Bonds, Series 2004
City Commission
City of Kalispell, Montana
312 1 st Avenue East
P.O. Box 1997
Kalispell, Montana 59903
Pursuant to the provisions contained in the Official Notice of Sale dated April 19 (the "Notice of Sale") for
the purchase of $1,840,000 principal amount of your City of Kalispell, Montana, Water System Revenue and
Refunding Bonds eves 200 (the "Bonds"), we hereby offer to purchase all of the Bonds from you at the
price of $ 1I B 9, 5% 6U , which amount is not less than $1,817,000 (98,75%) (for a discount of
$232,000), plus accrued interest, if any, plus a premium of $ Ile 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
2005
$120,000
41 J 0/0
2015
$60,000
2006
125,000
SD %
2016
65,000
2007
130,000
a j O%
2017
65,000
2008
135,000
%
2018
70,000
2009
140,000
%
2019
70,000
2010
140,000
3 �%
2020
75,000
2011
145,000
%S %
2021
75,000
2012
55,000
0/c,
2022
80,000
2013
55,000
40D %
2023
85,000
2014
60,000
U, 2-�) %
2024
90,000
Interest
Rate
?id %
Bonds due in the following maturities will be Term Bonds*: o2�
Municipal Bond Insurance (yes) (no
The following is submitted not as part of this bid, but for informational purposes, and is subject to verification
prior to award:
"TIC, "True Interest Cost" ....................................................
Total interest from May 15, 2004 to maturity ............................
Plusdiscount, if any...................................................................
Lesspremium, if any.................................................................
Total Dollar Interest Cost..........................................................
*Teri Bond Option: Bidders will have the option of combining Bonds maturing from and after 2005 through and including
2014 and from and after 2015 through and including 2024 into one or more term bonds. If any Bonds are issued as term
bonds, such term bonds will be subject to annual mandatory sinking fund redemption in the same amounts and dates as the
Bonds would have matured if they were not included in a Term Bond. All Bonds of the same stated maturity must bear
interest from the date of original issue until paid at a single, uniform rate.
Enclosed herewith is a good faith deposit in the form of lawful money of the United States, cashier's
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 $36,800 payable to the order of the "City of Kalispell, Montana, Montana" to be held and
disposed of by you as provided in the Notice of Sale. This bid must be accepted in its entirety within 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 shall remain irrevocable until the expiration of such time unless sooner
rejected by you.
Each of the Bidders: (i) acknowledges receipt of the Preliminary Official Statement dated April 16,
2004, and Notice of Sale dated April 19, 2004, (ii) represents and warrants that it has full power and
authority to make this bid and to purchase the Bonds if this bid is accepted; (iii) acknowledges that if
the issue qualifies for municipal bond insurance, that the winning bidder will have the option to insure
the Bonds and will be responsible for the insurance policy premium in addition to applicable rating
agency fees; (iv) agrees that the validity and interpretation of this bid shall be governed by the laws of
the State of Montana; and (v) acknowledges that bids may be transmitted electronically through
ParityTM in accordance with the terms and conditions of the Notice of Sale and that to the extent any
instruction or directions set forth in ParityTM 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 through a
Representative or Representatives, each of the undersigned Representatives warrants that it has the
necessary power and authority to act on behalf of each of the Bidders.
Respectfully submitted this P day of May, 2004,
BIDDER: ry �Gh C±z
As Representative(s) of the persons, firms and/or corporations named below:
SELLING GROUP/
SYNDICATE: 1. 2.
3.
H
Accepted for and on behalf of the City of Kalispell, Montana, Montana as of May 3, 2004:
BY: ATTEST:
Pamela B. Kennedy, Mayor Theresa White, City Clerk