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HomeMy WebLinkAbout1864-09-01-TEMPORARY PRELIMINARY DECREE fL, .'4POkAi<Y 63RL.LIMJt4A1?Y uAtIN 41H ,AL',IN 41H ALJSTkACT Lit- ivAlLk kl�,Hl FUR UWNER.' IiOZEMANq CITY JF CI I Y JF PO 8 UA 64 0 BOZEMAN MT 59715 C)/"E MA'r,,, t"S"i,I fATFR RIGHT NUMLER 4111 —4-14Q36-2 00 t —f wa N,UIM U 1� R 4 1 i ifo—14 Uld",k,2, c,4o OWNERS: b0,LE.MAN9 CITY JF t-IFY oF PO HOX 640 ib4l') dUZEMAN I �ijy I tb 4 LOEj-T�Lt7A"IE : SEPT it IB64 FLUW kATE : 30 15 CF s FL{ 'JE VOLUME : .721 .u-1 ACRE FEET PER YEAR A--'t�',7 FLE'l" t-" k, YL,Ali SQUI�C.t: LYMAN CREEK N' PUkP0SE—J.LJ�-�Lj : AUNICD-IAL I ' I A'L l "-.f D OF U!-E - JAN I T D 0 u-_c JI JAN I F u -� c POINT Lit- UIVERSIQN A D -AEA-W Df DIVF-kSIL-�: EAN',, LOTN,4 y- IWP CAJ%j�?3 LK QTR SEC SEC TWP ri kE 0-JUNTY L-O'-1 U I C A jt,A I'L SW26 U I!:, (JC'>E (,ALL AT I r4 HEAUGATE CAL L A I I ELA CL tJSL-- FOR MUNICIPAL P L A C L- • LUT oLK u-tR sac EL 14P AGE LOUN i I WP— i LL, C-L)kIN, i )r 001 U5 09--S 06E GALLATIN T 1 3 0 C-L:� a"E (,A L-LL A T I N 002 11 0 2 1-1 ut,3E GALL TIN 0 I U k-,,, (-;AL-L,,k['I N 003 u I ozs %,t 1E GALLA I IN c: ,4,�,- i,A L&-A,I I iNl 004 12 025 u5E GALLA-F 144 U 2 t� u� L b-A L.L A 1 1414 005 24 UZS Ot;-E GALLAFIN 2 006 U b U2�> Obr- GAL�-Al IN U(j 6 uk�� u b c kAL—A t 1 '4 007 Of 02S U6E 46A LI-A T IN U06 16 Ues U6E GALLATIN t,AL L,k�t'I N 009 1 s ij t.�E- CALLATIN lo u 0',,iL A LL-A,,I I N Ulu 1 1 Oc!S 05E 4.ALLATIN 01 ,u i I O "51C.: tA LL A.(I. Oil 14 0 OtAi GALLA91N u I I 'I uIr. I E, k�ALA-A 1 1 ti 012 1 4 UL& Ot)L GALLAFIN 0 12 � A REMARK '-,EL. (�LNERAL FINLOINGS CiF FACI ANL) LUNCLU.:>i j(4--o UiF LAW FOR FURTHEk t 1+`q > zxa 1-/-kC1 A' i.,� L A Flok, 1,ELINEATIU,N OF THI !`> RIGHT. 1LMPUkVXy OXELIMINANY O�UR�E tLMPORARY PaELIMINAkY DLCRLE WALnATIN kIV04 WAULATI" nIVEt � 4 N, 14 1 H UASIN 41H AiSTAACI UF NATki RIM19 AuSTIACF OF NATO& RICH[ CITY FOR OWNER: BOZEMAN , CITY OF IM iAA w4U PO BOX 64U QZEMAN M7 59?1 BOZEMAN MT STEa RIGHT NUMBER 41j_0j=j40b6j-Q.L gQNTEL: bdZLKANv CIFY di- ONNEROZ BOZEMAN, CITY OF PO !WX U40 PO BOX b40 V E A f M A,,'-,4 f sof If, DOZE MAN MT 59115 PRIORITY DATE.: MAY it 1681 LRILMIX-Mil: FL0j_RATV : 2*20 CFS L6_01—b"Ll-Th VOLUME: 1*596*71 ACRj FEET PER YEAR XQLUMk2 1 ,596o7l Also FnET PLR YnAk LYNAN CkEnv� SOURCE: LYMAN CREEK PURPqSE_jUQLj; MUNICIPAL MUNICIPAL It jAN I TU uEL JI PERIQD OF USE : JAN I TO DEC 31 jE POINTS OF UIVESSLON A MEANS OF QIVLRjICVj: LOT QLK __QTR_SET SEL TJP kGE COUNTY 04 Lb Ulu 060 UALwAT04, ON 16 UIS 06E UALLATIN HEAUGATE PEACE OF USt FOR AUN111PAL ACi1E S I 6LK UfR. SEL SEC T4P RGE CQUNIY Oct us 020 ObE GALhAt IN oul US JIS ObE GALLATIN 0 G;-', I j25 ObL OALLATIN 002 IY 020 56E GALLATIN 0(3 ji oes 05L GALWAI V-4 003 jI O25 USE GALLATIN 0014 4V 019 056 &ALOA4 i0i OU4 11 025 USE GALLATIN ow -- L4 ods OVE GALL.AtIN 00 S 24 J25 05E GALLAIIN oot zs obt GA LLA I IN" 006 06 u2s obb GALLATIN coil a f 015 UDE GALLAT I. 001 of UzS KbE GALLATIN 0 C Is izo USL GALLATIN OC& 16 j2S 56E GALLATIN 0 C to it& 15E WALL4104 ot9 14 02S e5E GALLATIN 0 1 ki 025 05k "AQLAT 1 N 010 11 015 05E "ALLATIN C11 I" jzv obc ws"LA 1 1 N oil 13 OkS 05E. WALLAIIN 0 1 e"-1 14 025 ONO WALL&I IN 012 14 02S 002 GALLATIN RLBaBjl: OLL GENEIAL FIN IN"I oF FACf AND C,4L H,4C.3-U:,sIJP4-,� LA-, LAW fu�''reAt#LJ'e REMARKS: SQL GENERAL FINDINGS OF FACT AND CONCLUNIUN& OF LAW FOR FURTHER AELI"tAtIUN UF THIS U16MV. DELINEAtIUM OF THL5 RIGHT* i DEPARTMENT OF NATURAL RESOURCES AND CONSERVATIUty 1520 E.6TH AVE. HELENA,MONTANA 59620-2301 Authorization To Change Appropriation Water Right PURSUANT TO SECTION 85-2-402, MCA, THE APPLICATION FOR CHANGE OF APPROPRIATION WATER RIGHT NO. 41H-G(W)140882-00 SUBMITTED ON JUNE 27, 1991 BY: CITY OF BOZEMAN PO BOX 640 BOZEMAN MT 59771-0640 IS HEREBY APPROVED SUBJECT TO THE FOLLOWING AUTHORIZATION: WATER RIGHT: STATEMENT OF CLAIM NUMBER: 41H-W140882-00 �.' , PRIORITY DATE: SEPTEMBER 1, 1864 NUMBER: 41H-W140883-00ti .., PRIORITY DATE: MAY 1, 1881 SOURCE: LYMAN CREEK POINT OF DIVERSION: SW, SEC, 28, TO1S, R06E, GALLATIN CO. USE: MUNICIPAL **CHANGE APPROVED: THE DEPARTMENT HEREBY AUTHORIZES THE CHANGE OF THE WATER RIGHT AS FOLLOWS: TO CHANGE THE POINT OF DIVERSION. NEW ADDITIONAL POINT OF DIVERSION: (TWO POINTS IN) GOVERNMENT LOT 9 S2NESE, SEC. 21, TO1S, R06E, GALLATIN CO. GOVERNMENT LOT 1 NWNENE, SEC, 28, TO1S, R06E, GALLATIN CO. ** FURTHER INFORMATION: THE DIVERSIONS IN SEC. 28 ARE USED FOR EMERGENCY/BACKUP. THE MAIN DIVERSIONS ARE TWO SUBSURFACE SPRING BOXES IN SEC. 21. ** REQUIREMENTS FOR CHANGE HOLDER: THE DEADLINE FOR COMPLETION OF THE AUTHORIZED CHANGE AS SPECIFIED IN THIS AUTHORIZATION, AND FILING OF THE NOTICE OF COMPLETION OF CHANGE OF APPROPRIATION WATER RIGHT (FORM 618) SHALL BE NOVEMBER 30, 1993. ** CONDITIONAL APPROVAL: THE APPROVAL OF THIS CHANGE IS NOT TO BE CONSTRUED AS RECOGNITION BY THE DEPARTMENT OF THE WATER RIGHTS INVOLVED. ALL WATER RIGHTS ARE SUBJECT TO POSSIBLE MODIFICATION UNDER THE PROCEEDINGS PURSUANT TO TITLE 85, CHAPTER 2, PART 2, MCA, AND 85-2-404, MCA. FAILURE TO COMPLY WITH ANY TERMS AND CONDITIONS HEREIN MAY RESULT IN THE LOSS OF THE AUTHORIZATION TO CHANGE HEREBY GRANTED. d. 11 22 91 WITNESS WATER RESOURCES DIVISION DATE n n r+C+C+yyoc+cie I `► Ke,, 1ESWTR Compliuve Dates ��- Date (Time After Rule Publication) Action General requirements • Feb. 16, 1999 (60 days) Systems may not begin construction of an uncovered finished water storage facility. • Dec. 17, 2001 (36 months) Systems must comply with strengthened turbidity and individual filter monitoring and reporting requirements; t s tes musdt begin first round of sanitary surveys. Disinfection profiling and benchmarking • March 1999 (90 days) Systems must begin to collect four quarters of data for total trihalomethanes (TTHMs) and the sum five haloacetic acids (HAA5) to determine whether the system is required to develop a disinfection • profile. Apr. 16, 1999 (4 months Systems with four consecutive quarters of TTHM compliance data and HAA5 occurrence data must submit these data to the state. • Dec. 16, 1999 (12 months) Systems that collected TTHM and HAA5 data under the Information Collection Rule must submit these data to the state; systems that want to develop a disinfection profile without first monitoring for TTHMs and HAA5 must notify the state of their decision. • Mar. 16, 2000 (15 months) If the annual average TTHM value is HAA5 is �: 0.048 mg/L, the system must develop a dis nfe t onl profile.e • Mar. 16, 2001 (27 months) Disinfection profile (if required) must be complete. under the SWTR.Turbidity is measured -combination with disinfection consis- the individual filter i erform in the combined filter effluent every 4 tently achieves removal or inactivation quirement is not a v hours and reported in accor- dance with the requirements of 99.9 percent of G. gets other action. violation,but it trig- established in the SWTR. To lamblia cysts (filtra- For systems that use conventional avoid anal tion plus disinfec- or direct filtration,continuous turbidity analytical pi ants mayTHE IHE WILL tion), 99.99 percent monitoring must be conducted for each lime-softening y acidify samples using a state- REDUCE THE of viruses (filtration filter. Results of individual filter moni- approved protocol. LIKELIHOOD OF`AN Plus and 9 disinfection), toring must be recorded every 15 min- For systems that use con percent of utes, and turbidimeters must be cali- ventional or direct filtration, OUTBREAK OF Cryptosporidium fil- using( brated usin procedures specified by the the combined filter effluent CRYPTOSPORIDIOSIS tration alone). The manufacturer. If the continuous tur- turbidity must be s 0.3 mu in BY PROVIDING state must approve bidity monitoring equipment.fails, the at least 95 percent of the urea- i filtration technology system must collect grab samples every surements taken each month. A LARGER MARGIN and set turbidity 4 hours. Grab sampling cannot be con- The combined filter effluent OF SAFETY. Performance re- turbidity must not exceed I quirements. Sys- after e equipment faid for more lu eve working days ntu. The framework for these.'Mimi tems must meet The IESWTR identifies four condi- requirements is identical to tliat'm t e"' 95 these requirements tions that trigger SWTR—only specific standards have exceed them at he time and must not followup action. t changed.The turbidity y time. (1)Individual filter turbidity is> 1.0 yperformance cri _., u ntu in two consecutive measurements 1 teria for water systems using slow sand or Monitorin 3iatomaceous earth filtration are the set for ' taken 15 minutes apart. g requirements Action:record the filter n ;ame as those in the SWTR � individual filters umber,tur- (-1 ntu in at The IESWTR establishes new re- bidity measurements,and date(s);pro- east 95 percent of the measurements duce a filter profile within seven days Iken each month,not to exceed 5 ntu). of individ s for continuous monitoring (if there is no obvious reason for the of individual filter performance. Indi- excess turbidity); Water systems that use other than " vidual filter monitoring requirements that a profile has been )nventional, direct, slow sand, or are not part of the treatment technique report the obvious reason report r the state atomaceous earth filtration are in com- requirement.They are intended to iden- Produced or iance if they demonstrate to the state a for the excess at alternative filtration technology �'Poorly performing filters so that cor- turbidity within 10 days after the end of gy in rective action can be taken.Exceeding to the month the system delivers water JOURNAL AWWA - .1C4t�4i 5tg'a1�ti'.tY�'�Fissit�l'�.-."li R\�r��rr�.c.,.•,.a:R�..:cs.�.xl .w a:—i - }t i 4; Sr ( You get more out of the Grundfos Large t ibl Submerse , - i e r because we t put more into it. More ruggedness and reliability due to its stainless ` x steel construction. More efficiency by design. More valuable information thanks to the CU3 control and 3 r� monitoring unit,which gives you instan v, 9�. data on demand. Want to get more from your submersibles? Get Grundfos. Cam: k Built Staa. -1,: Tough ` -. ._. .. I - ND FOS Leaders in Pump Technology 1 1 t w� 1 sr.N RESOLUTION NO. 3102 �1, I e RESOLUTION RELATING TO A WATER SYSTEM REVENUE BOND, SERIES 1989B; AMENDING AUTHORIZING RESOLUTION ADOPTED MAY 22, 1989 AND BOND BE IT RESOLVED by the City Commission of the City of Bozeman, Gallatin County, Montana (the "Issuer"), as follows: Section 1. Recitals. 1.01. Issuance of Bond. Pursuant to Resolution No. 2745, adopted by the City Commission on April 10, 1989, as amended and supplemented by Resolution No. 2749, adopted by the Commission on May 22, 1989 (as so amended and supplemented and heretofore otherwise amended and supplemented, the "Original Resolution"), the Issuer authorized the issuance of its $726,079 Water System Revenue Bond, Series 1989B (the "Original Bond") to finance improvements consisting of the first phase of enclosure of all exposed portions of the Lyman Creek Water System, including the construction of a cover for the storage reservoir and extension of piping toward a future enclosed spring box and related improvements (the "Project") as part of the municipal water system (the "System") of the Issuer. The Original Bond was issued on May 23, 1989 and was purchased and is currently held by the Department of Natural Resources and Conservation of the State of Montana (the "DNRC"). There are no other bonds or indebtedness of the Issuer that are outstanding and payable from revenues of the System, except the Issuer's Water System Revenue Bonds, Series 1991 and Water System Revenue Refunding Bonds, Series 1995. 1.02. Issuance of DNRC Bonds. Pursuant to a General Resolution, adopted September 30, 1985 and as thereafter amended (the "General Resolution"), and a Supplemental Resolution thereto, the Board of Examiners of the State of Montana (the "Board of Examiners") authorized the issuance by the State of Montana (the "State"), of its Coal Severance Tax Bonds, Department of Natural Resources and Conservation, Water Development Program, 1988 Series A, in the original principal amount of $1,720,000 (the "Series 1988A Bonds"). The Series 1988A Bonds were issued to provide funds to finance certain of the water development projects and loans. The Bond was purchased by the DNRC from proceeds of the Series 1988A Bonds. 1.03. Issuance of DNRC 1996 RefundingBonds.onds. The Board of Examiners has authorized the issuance of $14,985,000 aggregate principal amount of State of Montana, Coal Severance Tax Bonds, Department of Natural Resources and Conservation, Renewable Resource Program, 1996 Refunding Series A (the "DNRC 1996 Refunding Bonds"), to provide funds, with other available funds, to refund the Series 1988A Bonds. The purpose of the refunding is to permit the DNRC to reduce the rate of interest, during the portion of the term of the loan when the interest rate thereon is not subsidized by the State, on loans made by the DNRC from proceeds of the Series 1988A Bonds and other State Bonds, including the loan evidenced by the Original Bond. 1.04. Increase in Principal Amount and Reduction in Interest Rate on Original Bond. It is proposed that debt service on the Original Bond be reduced, to give effect to the savings effected by the DNRC 1996 Refunding Bonds (which increased the principal amount of outstanding State Bonds but reduced the interest rates thereon) by (i) increasing the outstanding principal amount of the Original Bond from $561,737.65 to $615,889.15, and (ii) reducing the interest rate on the Original Bond from seven and forty-three hundredths percent (7.43%) per annum to four and ninety hundredths percent (4.90%) per annum, each to be effective from and after the date of issuance of the DNRC 1996 Refunding Bonds, now expected to be February 14, 1996. Section 2. Amendment of the Resolution. 2.01. Authorization. The Issuer in Sections 8.02 and 8.03 of the Resolution reserved the right to amend the Resolution upon notice to and with the consent of the holders of all outstanding Bonds. 2.02. Consent of DNRC. The DNRC has agreed to the amendment of certain provisions of the Resolution to revise the terms of the Bond in connection with the issuance of the refunding bonds referred to in Section 1.03. 2.03. Amendment of Section 2.01. Pursuant to the authority cited in Sections 2.01 and 2.02 of this resolution, Subsection (a) of Section 2.01 of Resolution No. 2749 is hereby amended to read as follows: "'2.01. Terms. (a) The Series 1989B Bond shall be in the principal amount of $726,079, shall be issued as a single, fully registered bond numbered R-1, shall be dated as of the date of delivery to the DNRC, and shall bear interest from its date until the date five years thereafter at the rate of four and twenty-three hundredths percent (4.23%) per annum and thereafter at the rate of seven and twenty-three percent (7.23%) per annum until the day before the date of issuance of the First Amended and Restated Bond (now estimated to be February 13, 1996), and at the rate of four and ninety-hundredths percent (4.90%) per annum from and after the date of issuance of the First Amended and Restated Bond (now estimated to be February 14, 1996), for the remainder of the term of the Bond. The principal of and interest on the Series 1989B Bond shall be payable in semiannual installments beginning November 23, 1989 and continuing semiannually thereafter until the principal of and interest on the Series 1989B Bond have been paid in full. Principal and interest in the amount of $27,080.59 shall be paid on November 23, 1989 and on each May 23 -2- and November 23 thereafter to and including May 23, 1994, in the amount of $32,930.56 on each November 23 and May 23 thereafter, to and including November 23, 1995; on May 23, 1996, principal in the amount shown on Exhibit A to this resolution, as amended by Resolution No. 3102, and interest on the outstanding balance hereof shall be payable on May 23, 1996, and principal and interest in the amount of $31,449.64 shall be paid on the semiannual installment dates on each May 23 and November 23 thereafter, beginning November 23, 1996 and concluding May 23, 2009; provided that the final semiannual installment shall be in such lesser or greater amount as is necessary to pay the principal and interest then due. In connection with the issuance of the First Amended and Restated Bond, the outstanding principal amount of the Series 1989B Bond is being increased, effective as of the date of issuance of the First Amended and Restated Bond, from $561,737.65 to $615,889.15." 2.04. Amendment of Section 2.07. Pursuant to the authority cited in Sections 2.01 and 2.02 of this resolution, Section 2.07 of Resolution No. 2749 is hereby amended to read as follows: "2.07. Form. The Series 1989B Bond shall be in substantially the following form, with such appropriate variations, omissions and insertions as are permitted or required by the Resolution: UNITED STATES OF AMERICA STATE OF MONTANA COUNTY OF GALLATIN CITY OF BOZEMAN FIRST AMENDED AND RESTATED WATER SYSTEM REVENUE BOND SERIES 1989B No. R-2 $615,889.15 FOR VALUE RECEIVED, the City of Bozeman (the "City"), a duly organized municipal corporation located in Gallatin County, Montana, acknowledges itself to be specially indebted and hereby promises to pay to the Department of Natural Resources and Conservation of the State of Montana, or its registered assigns, solely from the Revenue Bond Account of its Water System Fund, the principal sum of SIX HUNDRED FIFTEEN THOUSAND EIGHT HUNDRED EIGHTY NINE AND 15/100 DOLLARS ($615,889.15), plus interest from the date hereof at the rate of four and ninety hundredths percent (4.90%) per annum per annum, until paid or discharged. Such principal and interest shall be paid in consecutive semiannual installments on the 23rd day of each May and November, commencing on May 23, -3- 1996, and concluding May 23, 2009, subject to prepayment as set forth below. Principal in the amount shown on Exhibit A hereto and interest on the outstanding balance hereof shall be payable on May 23, 1996, and principal and interest in the amount of $31,449.64 shall be paid on the semiannual installment dates on each May 23 and November 23, beginning November 23, 1996 and concluding May 23, 2009.The final monthly installment may be in such lesser or greater amount as is necessary to pay the balance of principal and interest then remaining due. Such installment payments shall be made to the registered holder of this Bond, at its address as it appears on the Bond register, in lawful money of the United States of America. This Bond constitutes a series in the principal amount of $726,079 (the "Series 1989B Bond"), to construct certain improvements to the Water System of the City (the "System"), to make a deposit to a reserve fund for the Bonds and to pay costs of issuance of the Series 1989B Bond. The Series 1989B Bond is issued pursuant to and in full conformity with the Constitution and laws of the State of Montana thereunto enabling, including Montana Code Annotated, Title 7, Chapter 7, Parts 44 and 45, as amended, and ordinances and resolutions duly adopted by the City Commission. The Series 1989B Bond is issuable only as a single, fully registered bond. Reference is made to Resolution No. 2745, adopted by the City Commission on April 10, 1989, as amended and supplemented by Resolution Nos. 2749, 2829, 3092 and 3102, duly adopted by the City Commission on May 22, 1989, April 15, 1991, November 20, 1995, and Feb. 5 , 1996, respectively (as so amended and supplemented, the "Resolution"), for a more complete statement of the terms and conditions upon which the Series 1989B Bond and the City's Series 1991 Bond and Series 1995 Bonds have been issued, the net revenues of the System pledged and appropriated for the payment and security thereof, the conditions upon which additional bonds may be issued under the Resolution and made payable from such net revenues on a parity with the Series 1989B Bond, the Series 1991 Bond and the Series 1995 Bonds and any Bonds that may be issued on a parity therewith under the Resolution (collectively, the "Bonds") or otherwise, the conditions upon which the Resolution may be amended, the rights, duties and obligations of the City, and the rights of the owners of the Series 1989B Bond. The City may at any time prepay all or any part of the principal of the Series 1989B Bond with the approval of the Bondholder and only after request to prepay has been made in writing to the Bondholder thirty days prior to such prepayment. Any prepayment shall be identified as such, shall be applied first to accrued interest and then to unpaid principal in inverse order of installments, and shall not extend or postpone the due date of any subsequent installment payment on the Series 1989B Bond. -4- The Bonds, including interest and any premium for the redemption thereof, are payable solely from the net revenues pledged for the payment thereof and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation or provision. The City may deem and treat the person in whose name this Series 1989B Bond is registered as the absolute owner hereof, whether this Series 1989B Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and the City shall not be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that the City has duly authorized and will forthwith undertake the improvements to the System hereinabove described, has fixed and established and will collect reasonable rates and charges for the services and facilities afforded by the System, subject to any required approval by or regulation of the Public Service Commission of the State of Montana, and has created a special Water System Fund into which the gross revenues of the System, including all additions thereto and replacements and improvements thereof, will be paid, and a separate and special Revenue Bond Account in that fund, into which will be paid each month, from and as a first and prior lien, on the net revenues of the System then on hand an amount equal to not less than the sum of one-sixth of the interest due within the next six months and one-twelfth of the principal due within the next twelve months with respect to all outstanding Bonds payable from that account, and into which shall be paid additional net revenues sufficient to maintain a reserve therein equal to, as of the date of calculation, the lesser of (i) 10% of the original principal amount of all series of Bonds then outstanding or (ii) an amount equal to the maximum principal and interest payable on all outstanding Bonds in the current or any future fiscal year (giving effect to any mandatory sinking fund redemption); that the Revenue Bond Account will be used only to pay the principal of, premium, if any, and interest on the Bonds issued pursuant to the authority herein recited; that the rates and charges for the System will from time to time be made and kept sufficient, subject to regulation of the Montana Public Service Commission, to provide gross income and revenues adequate to pay promptly the reasonable and current expenses of operating and maintaining the System and to produce in each fiscal year net revenues in excess of such current expenses equal to 125% of the maximum amount of principal and interest payable from the Revenue Bond Account in any subsequent fiscal year; that additional Bonds and refunding Bonds may be issued and made payable from the Revenue Bond Account on a parity with the Series 1989B Bonds, the Series 1991 Bond and the Series 1995 Bonds upon certain conditions set forth in the Resolution but no obligation will be otherwise incurred and made payable from the net revenues of the System, whether or not such obligation shall also constitute a general obligation and indebtedness of the City, unless the lien thereof shall be expressly made subordinate to the lien of the Series 1989B Bonds, the Series 1991 Bond and the Series 1995 Bonds and other parity Bonds on such net revenues; that -5- all provisions for the security of this Series 1989B Bond set forth in the Resolution will be punctually and faithfully performed as therein stipulated; that all acts, conditions and things required by the Constitution and laws of the State of Montana and the ordinances and resolutions of the City to be done, to exist, to happen and to be performed in order to make this Series 1989B Bond a valid and binding special obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; and that this Series 1989B Bond and the premium, if any, and interest hereon are payable solely from the net revenues of the System pledged and appropriated to the Revenue Bond Account and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation or provision and the issuance of the Series 1989B Bond does not cause either the general or the special indebtedness of the City to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the City of Bozeman, Gallatin County, State of Montana, by its City Commission, has caused this First Amended and Restated Bond to be executed by the signatures of the Mayor, the City Manager and the Director of Finance, and has caused the official seal of the City to be affixed hereto, and has caused this First Amended and Restated Bond to.be dated as of the _ day of February, 199b. City Manager Mayor Finance Director (Seal) REGISTRATION OF TRANSFER This Bond shall be fully registered as to both principal and interest. No transfer of this Bond shall be valid unless and until (1) the registered holder of the Bond, or his duly authorized attorney or legal representative, executes the form of assignment appearing on this Bond, and (2) the Director of Finance, as bond registrar, has duly noted the transfer on the Bond and recorded the transfer on the Director of Finance's registration books. The City shall be entitled to deem and treat the person in whose name this Bond is registered as absolute owner thereof for all purposes, notwithstanding any notice to the contrary. Payments on account of the Bond shall be made only to the bidder of the registered holder thereof, and all such -b- payments shall be valid and effectual to satisfy and discharge the City's liability upon the Bond to the extent of the sum or sums so paid. ASSIGNMENTS) 1. For value received, this Bond is hereby transferred and assigned by the undersigned holder, without recourse, to on this day of By: (authorized signature) For: (Holder) 2. For value received, this Bond is hereby-transferred and assigned by the undersigned holder, without recourse, to on this day of By: (authorized signature) For: (Holder) -7- THE FOLLOWING ENTRIES ARE TO BE MADE ONLY BY THE BOND REGISTRAR UPON REGISTRATION OF EACH TRANSFER The Director of Finance of the City of Bozeman, Gallatin County, Montana, acting as Bond Registrar, has transferred, on the books of the City, on the date last noted below, ownership of the principal amount of and accrued interest on this Bond, except the amounts of principal and interest theretofore paid: Name of New Signature of Date of Transfer Registered Holder Bond Registrar Ij Section 3. Preparation and Delivery of First Amended and Restated Bond. The Bond as amended and restated pursuant to Section 2.04 of this resolution (the "First Amended and Restated Bond") shall be prepared under the direction of the Finance Director and shall be executed on behalf of the Issuer by the signature of the Mayor and countersigned by the City Manager and the Finance Director and sealed with the official corporate seal of the Issuer. When the First Amended and Restated Bond has been executed, the Finance Director shall cause it to be dated as of the date of delivery and delivered to the DNRC, as purchaser thereof, upon surrender of the Original Bond. Section 4. Tax Matters. 4.01. General Covenant. The Issuer covenants and agrees with the owners from time to time of the First Amended and Restated Bond that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the First Amended and Restated Bond to become includable in gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended (the "Code"), and applicable Treasury Regulations (the "Regulations"), and covenants to take any and all actions within its powers to ensure that the interest on the First Amended and Restated Bond will not become includable in gross income for federal income tax purposes under the Code and the -8- Regulations. The Project and the System are each owned and maintained by the Issuer and available for use by members of the general public on a substantially equal basis. The Issuer agrees not to enter into any lease, use or other agreement with any non-governmental person relating to the use of the Project or the System or security for the payment of the First Amended and Restated Bond which might cause the First Amended and Restated Bond to be considered a "private activity bond" or a "private loan bond" within the meaning of Section 141 of the Code. 4.02. Arbitrage Rebate. The City acknowledges that the First Amended and Restated Bond is subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Treasury Regulations to preserve the exclusion of interest on the Series 1995 Bonds from gross income for federal income tax purposes. In furtherance of the foregoing, the Director of Finance is hereby authorized and directed to execute a Rebate Certificate, substantially in the form of the Rebate Certificate currently on file in the office of the Clerk of the Commission, and the City hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or terminated in accordance with the provisions thereof. 4.03. Certification. The Mayor, the City Manager and the Finance Director, being the officers of the Issuer charged with the responsibility for issuing the First Amended and Restated Bond pursuant to this resolution, are authorized and directed to execute and deliver to the DNRC, certifications in order to satisfy the provisions of Sections 1.148-2(b) of the Treasury Regulations. Such certifications shall state the facts, estimates and circumstances in existence on the date of issue and delivery of the First Amended and Restated Bond that make it reasonable to expect that the proceeds of the First Amended and Restated Bond will be used in a manner that would not cause the First Amended and Restated Bond to be an arbitrage bond within the meaning of Section 148 of the Code and the Treasury Regulations promulgated thereunder, and the certification shall further state that to the best of the knowledge and belief of the certifying officers there are no other facts, estimates or circumstances that would materially change such expectation. 4.04. Information Reporting. The Issuer shall file with the Secretary of the Treasury, not later than May 15, 1996, a statement concerning the First Amended and Restated Bond containing the information required by Section 149(e) of the Code. Section 5. Program Covenant. The Issuer agrees that neither it nor any "related person" to the Issuer (within the meaning of Section 147(a)(2) of the Code) shall, whether pursuant to a formal or informal arrangement, acquire bonds issued -9- by the State under the General Resolution in an amount related to the amount of the First Amended and Restated Bond. Section 6. Certification and Effective Date. 6.01. Certification. The officers of the Issuer are authorized and directed to prepare and furnish to the DNRC and to the attorneys rendering an opinion as to the legality of the First Amended and Restated Bond, certified copies of all ordinances, resolutions and records and such other certificates, affidavits and other instruments as may be required to evidence the validity or marketability of the First Amended and Restated Bond and all such certified copies, certificates and affidavits shall constitute representations of the Issuer as to the truth of all statements of fact contained therein. 6.02. Effective Date. This Resolution shall be in full force and effect from and after its passage. Mayor Attest: Clerk of the Commission -10- EXHIBIT A 1996A REFUNDING 2/14/96 RUN 01-16-1996 Resource Development Bureau Amortization Schedule BOZEMAN #1 (WDL-89-3125) _ AMOUNT LOANED: $615, 889 . 15 INTEREST RATE: 4. 9000% PAYMENTS PER YEAR: 2 NUMBER OF YEARS: 13 .50 INITIAL INTEREST DAYS: 0 . 00 CLOSING DATE: 02/14/1996 DATE DUE PAYMENT INTEREST PRINCIPAL BALANCE - 615, 889 . 15 *5/23/1996 33,781 . 19 17,420 .83 16, 360 . 36 599,528 .79 11/23/1996 31, 449 . 64 14, 688 .46 16, 761 . 18 582,767 . 61 5/23/1997 31, 449 . 64 14,277 .81 17, 171. 83 565,595 .78 11/23/1997 31,449 . 64 13, 857 . 10 17,592 .54 548, 003.24 5/23/1998 31,449 . 64 13,426.08 18,923.56 529, 979 . 68 11/23/1998 31,449 . 64 12,984.50 18,465.14 511,514.54 5/23/1999 3.1,449 . 64 12,532. 11 18, 917 .53 492,597 .01 11/23/1999 31,449 . 64 12,068. 63 19, 381.01 473,216 . 00 5/23/2000 31,449 . 64 11,593.79 19, 855 .85 453, 360 . 15 11/23/2000 31,449 . 64 11, 107 . 32 20, 342 .32 433, 017 . 83 '5/23/2001 31,449 . 64 10, 608 .94 20, 840 ..70 412, 177 . 13 11/23/2001 31,449 . 64 10, 098 .34 21, 351 . 30 390, 825 . 83 5/23/2002 31,449 . 64 9,575 .23 21,874.41 368,951 . 42 11/23/2002 31, 449 . 64 9,039 . 31 22,410 .33 346,541 . 09 5/23/2003 31,449 . 64 8,490.26 22, 959 . 38 323,581 .71 11/23/2003 31,449 . 64 7, 927 .75 23,521 . 89 300, 059 . 82 5/23/2004 31,449 . 64 7, 351 .47 24, 098 . 17 275, 961 . 65 11/23/2004 31, 449 . 64 6, 761. 06 24, 688.58 251, 273 .07 5/23/2005 31, 449 . 64 6, 156. 19 25,293 .45 225, 979 . 62 11/23/2005 31,449 . 64 5,536 .50 25, 913. 14 200,066 . 48 5/23/2006 31,449 . 64 4, 901 . 63 26,548. 01 173,518 . 47 11/23/2006 31,449 . 64 4,251 .20 27, 198 .44 146, 320 . 03 5/23/2007 31,449 . 64 3,584.84 27,864.80 118,455 .23 11/23/2007 31, 449 . 64 2, 902 . 15 28,547 .49 89, 907 .74 5/23/2008 31,449 . 64 2,202 .74 29,246 .90 60, 660 . 84 11/23/2008 31,449 . 64 1,486. 19 29, 963 .45 30, 697 . 39 5/23/2009 31,449 .48 752 .09 30, 697 .89 0 . 00 * PRO-RATED INTEREST: 83 DAYS @ 7 .23% 99 DAYS @ 4 . 90% 9 . 64% PREMIUM WAS ADDED TO THE PRINCIPAL BALANCE. 4 /ok b L, RESOLUTION NO. 3103 RESOLUTION RELATING TO A WATER SYSTEM �1 REVENUE BOND, SERIES 1991; AMENDING AUTHORIZING RESOLUTION ADOPTED APRIL 15, 1991 AND BOND BE IT RESOLVED by the City Commission of the City of Bozeman, Gallatin County, Montana (the "Issuer"), as follows: Section 1. Recitals. 1.01. Issuance of Bond. Pursuant to Resolution No. 2745, adopted by the City Commission on April 10, 1989, as amended and supplemented by Resolution Nos. 2749 and 2829, adopted by the Commission on May 22, 1989, and April 15, 1991, respectively (as so amended and supplemented and heretofore otherwise amended and supplemented, the "Original Resolution"), the Issuer authorized the issuance of its $352,715 Water System Revenue Bond, Series 1991 (the "Original Bond") to finance improvements consisting of the second phase of enclosure of all exposed portions of the Lyman Creek Water System, including the construction of a cover for the storage reservoir and extension of piping toward a future enclosed spring box and related improvements (the "Project") as part of the municipal water system (the "System") of the Issuer. The Original Bond was issued on May 15, 1991 and was purchased and is currently held by the Department of Natural Resources and Conservation of the State of Montana (the "DNRC"). There are no other bonds or indebtedness of the Issuer that are outstanding and payable from revenues of the System, except the Issuer's Water System Revenue Bond, Series 1989B and Water System Revenue Refunding Bonds, Series 1995. 1.02. Issuance of DNRC Bonds. Pursuant to a General Resolution, adopted September 30, 1985 and as thereafter amended (the "General Resolution"), and a Supplemental Resolution thereto, the Board of Examiners of the State of Montana (the "Board of Examiners") authorized the issuance by the State of Montana (the "State"), of its Coal Severance Tax Bonds, Department of Natural Resources and Conservation, Water Development Program, 1989 Series A, in the original principal amount of $6,000,000 (the "Series 1989A Bonds"). The Series 1989A Bonds were issued to provide funds to finance certain of the water development projects and loans. The Bond was purchased by the DNRC from proceeds of the Series 1989A Bonds. 1.03. Issuance of DNRC 1996 Refunding Bonds. The Board of Examiners has authorized the issuance of $14,985,000 aggregate principal amount of State of Montana, Coal Severance Tax 'Bonds, Department of Natural Resources and Conservation, Renewable Resource Program, 1996 Refunding Series A (the "DNRC 1996 Refunding Bonds"), to provide funds, with other available funds, to refund the Series 1989A Bonds. The purpose of the refunding is to permit the DNRC to reduce the rate of interest, during the portion of the term of the loan when the interest rate thereon is not subsidized by the State, on loans made by the DNRC from proceeds of the Series 1989A Bonds and other State Bonds, including the loan evidenced by the Original Bond. 1.04. Increase in Principal Amount and Reduction in Interest Rate on Original Bond. It is proposed that debt service on the Original Bond be reduced, to give effect to the savings effected by the DNRC 1996 Refunding Bonds (which increased the principal amount of outstanding State Bonds but reduced the interest rates thereon) by (i) increasing the outstanding principal amount of the Original Bond from $293,415.02 to $323,304.45, effective from and after the date of issuance of the DNRC 1996 Refunding Bonds, now expected to be February 14, 1996 (but of which $23,297.15 will bear interest at the rate of 0.00% per annum to and including May 22, 1996), and (ii) reducing the interest rate on the Original Bond from six and eighty-seven hundredths percent (6.87%) per annum to four and ninety hundredths percent (4.90%) per annum, from and after May 23, 1996. Section 2. Amendment of the Resolution. 2.01. Authorization. The Issuer in Sections 8.02 and 8.03 of the Resolution reserved the right to amend the Resolution upon notice to and with the consent of the holders of all outstanding Bonds. 2.02. Consent of DNRC. The DNRC has agreed to the amendment of certain provisions of the Resolution to revise the terms of the Bond in connection with the issuance of the refunding bonds referred to in Section 1.03. 2.03. Amendment of Section 2.01. Pursuant to the authority cited in Sections 2.01 and 2.02 of this resolution, Subsection (a) of Section 2.01 of Resolution No. 2829 is hereby amended to read as follows: "2.01. Terms. (a) The Series 1991 Bond shall be in the principal amount of $352,715, shall be issued as a single, fully registered bond numbered R-1, shall be dated as of the date of delivery to the DNRC, and shall bear interest from its date until the date five years thereafter at the rate of four and eighty-seven hundredths percent (4.87%) per annum, except as otherwise provided in this Section 2.01(a), and thereafter at the rate of four and ninety hundredths percent (4.90%) per annum for the remainder of the term of the Bond. The principal of and interest on the Series 1991 Bond shall be payable in semiannual installments beginning November 23, 1991 and continuing semiannually thereafter until the principal of and interest on the Series 1991 Bond have been paid in full. Principal and interest in the amount of $14,273.95 shall be paid on November 23, 1991; in the amount of $13,897.46 on each May 23 and November 23 thereafter to and including November 23, 1995; on May 23, 1996, principal in the amount shown on Exhibit A to this resolution, as amended -2- by Resolution No. 3103, and interest on the outstanding balance hereof shall be payable on May 23, 1996, and principal and interest in the amount of $15,031.06 shall be paid on the semiannual installment dates on each May 23 and November 23 thereafter, beginning November 23, 1996 and concluding May 23, 2011; provided that the final semiannual installment shall be in such lesser or greater amount as is necessary to pay the principal and interest then due. In connection with the issuance of the First Amended and Restated Bond, the outstanding principal amount of the Series 1991 Bond is being increased, effective as of the date of issuance of the First Amended and Restated Bond, from $293,415.02 to $323,304.45, but such additional amount will bear interest at the rate of 0.00% to and including May 22, 1996." 2.04. Amendment of Section 2.07. Pursuant to the authority cited in Sections 2.01 and 2.02 of this resolution, Section 2.07 of Resolution No. 2829 is hereby amended to read as follows: "2.07. Form. The Series 1991 Bond shall be in substantially the following form, with such appropriate variations, omissions and insertions as are permitted or required by the Resolution: UNITED STATES OF AMERICA STATE OF MONTANA COUNTY OF GALLATIN CITY OF BOZEMAN FIRST AMENDED AND RESTATED WATER SYSTEM REVENUE BOND SERIES 1991 No. R-2 $323,304,45 FOR VALUE RECEIVED, the City of Bozeman (the "City"), a duly organized municipal corporation located in Gallatin County, Montana, acknowledges itself to be specially indebted and hereby promises to pay to the Department of Natural Resources and Conservation of the State of Montana, or its registered assigns, solely from the Revenue Bond Account of its Water System Fund, the principal sum of SIX HUNDRED FIFTEEN THOUSAND EIGHT HUNDRED EIGHTY NINE AND 15/100 DOLLARS ($323,304.45), plus interest thereon (i) from the date hereof to and including May 22, 1996 on $300,007.30 thereof at the rate of four and eighty-seven hundredths percent (4.87%) per annum and on $23,297.15 thereof at the rate of zero percent (0.00%) per annum, and (ii) from and after May 23, 1996 on all of the outstanding principal amount hereof at the rate of four and ninety hundredths percent (4.90%) per annum per annum, until paid or discharged. Such principal and -3- interest shall be paid in consecutive semiannual installments on the 23rd day of each May and November, commencing on May 23, 1996, and concluding May 23, 2011, subject to prepayment as set forth below. Principal in the amount shown on Exhibit A hereto and interest on the outstanding balance hereof shall be payable on May 23, 1996, and principal and interest in the amount of $15,031.06 shall be paid on the semiannual installment dates on each May 23 and November 23, beginning November 23, 1996 and concluding May 23, 2011. The final monthly installment may be in such lesser or greater amount as is necessary to pay the balance of principal and interest then remaining due. Such installment payments shall be made to the registered holder of this Bond, at its address as it appears on the Bond register, in lawful money of the United States of America. This Bond constitutes a series in the principal amount of $352,715 (the "Series 1991 Bond"), to construct certain improvements to the Water System of the City (the "System"), to make a deposit to a reserve fund for the Bonds and to pay costs of issuance of the Series 1991 Bond. The Series 1991 Bond is issued pursuant to and in full conformity with the Constitution and laws of the State of Montana thereunto enabling, including Montana Code Annotated, Title 7, Chapter 7, Parts 44 and 45, as amended, and ordinances and resolutions duly adopted by the City Commission. The Series 1991 Bond is issuable only as a single, fully registered bond. Reference is made to Resolution No. 2745, adopted by the City Commission on April 10, 1989, as amended and supplemented by Resolution Nos. 2749, 2829, 3092 and 3103, duly adopted by the City Commission on May 22, 1989, April 15, 1991, November 20, 1995, and February 5, 1996, respectively (as so amended and supplemented, the "Resolution"), for a more complete statement of the terms and conditions upon which the Series 1991 Bond and the City's Series 1989B Bond and Series 1995 Bonds have been issued, the net revenues of the System pledged and appropriated for the payment and security thereof, the conditions upon which additional bonds may be issued under the Resolution and made payable from such net revenues on a parity with the Series 1991 Bond, the Series 1989B Bond and the Series 1995 Bonds and any Bonds that may be issued on a parity therewith under the Resolution (collectively, the "Bonds") or otherwise, the conditions upon which the Resolution may be amended, the rights, duties and obligations of the City, and the rights of the owners of the Series 1991 Bond. The City may at any time prepay all or any part of the principal of the Series 1991 Bond with the approval of the Bondholder and only after request to prepay has been made in writing to the Bondholder thirty days prior to such prepayment. Any prepayment shall be identified as such, shall be applied first to accrued interest and then to unpaid principal in inverse order of installments, and shall not extend or postpone the due date of any subsequent installment payment on the Series 1991 Bond. -4- The Bonds, including interest and any premium for the redemption thereof, are payable solely from the net revenues pledged for the payment thereof and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation or provision. The City may deem and treat the person in whose name this Series 1991 Bond is registered as the absolute owner hereof, whether this Series 1991 Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and the City shall not be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that the City has duly authorized and will forthwith undertake the improvements to the System hereinabove described, has fixed and established and will collect reasonable rates and charges for the services and facilities afforded by the System, subject to any required approval by or regulation of the Public Service Commission of the State of Montana, and has created a special Water System Fund into which the gross revenues of the System, including all additions thereto and replacements and improvements thereof, will be paid, and a separate and special Revenue Bond Account in that fund, into which will be paid each month, from and as a first and prior lien on the net revenues of the System then on hand an amount equal to not less than the sum of one-sixth of the interest due within the next six months and one-twelfth of the principal due within the next twelve months with respect to all outstanding Bonds payable from that account, and into which shall be paid additional net revenues sufficient to maintain a reserve therein equal to, as of the date of calculation, the lesser of (i) 10% of the original principal amount of all series of Bonds then outstanding or (ii) an amount equal to the maximum principal and interest payable on all outstanding Bonds in the current or any future fiscal year (giving effect to any mandatory sinking fund redemption); that the Revenue Bond Account will be used only to pay the principal of, premium, if any, and interest on the Bonds issued pursuant to the authority herein recited; that the rates and charges for the System will from time to time be made and kept sufficient, subject to regulation of the Montana Public Service Commission, to provide gross income and revenues adequate to pay promptly the reasonable and current expenses of operating and maintaining the System and to produce in each fiscal year net revenues in excess of such current expenses equal to 125% of the maximum amount of principal and interest payable from the Revenue Bond Account in any subsequent fiscal year; that additional Bonds and refunding Bonds may be issued and made payable from the Revenue Bond Account on a parity with the Series 1991 Bonds, the Series 1989B Bond and the Series 1995 Bonds upon certain conditions set forth in the Resolution but no obligation will be otherwise incurred and made payable from the net revenues of the System, whether or not such obligation shall also constitute a general obligation and indebtedness of the City, unless the lien thereof shall be expressly made subordinate to the lien of the Series 1991 Bonds, the Series 1989B Bond and the Series 1995 Bonds and other parity Bonds on such net revenues; that -5- all provisions for the security of this Series 1991 Bond set forth in the Resolution will be punctually and faithfully performed as therein stipulated; that all acts, conditions and things required by the Constitution and laws of the State of Montana and the ordinances and resolutions of the City to be done, to exist, to happen and to be performed in order to make this Series 1991 Bond a valid and binding special obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; and that this Series 1991 Bond and the premium, if any, and interest hereon are payable solely from the net revenues of the System pledged and appropriated to the Revenue Bond Account and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation or provision and the issuance of the Series 1991 Bond does not cause either the general or the special indebtedness of the City to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the City of Bozeman, Gallatin County, State of Montana, by its City Commission, has caused this First Amended and Restated Bond to be executed by the signatures of the Mayor, the City Manager and the Director of Finance, and has caused the official seal of the City to be affixed hereto, and has caused this First Amended and Restated Bond to be dated as of the day of February, 1996. City Manager Mayor Finance Director (Seal) REGISTRATION OF TRANSFER This Bond shall be fully registered as to both principal and interest. No transfer of this Bond shall be valid unless and until (1) the registered holder of the Bond, or his duly authorized attorney or legal representative, executes the form of assignment appearing on this Bond, and (2) the Director of Finance, as bond registrar, has duly noted the transfer on the Bond and recorded the transfer on the Director of Finance's registration books. The City shall be entitled to deem and treat the person in whose name this Bond is registered as absolute owner thereof for all purposes, notwithstanding any notice to the contrary. Payments on account of the Bond shall be made only to the bidder of the registered holder thereof, and all such -6- payments shall be valid and effectual to satisfy and discharge the City`s liability upon the Bond to the extent of the sum or sums so paid. ASSIGNMENT(S) 1. For value received, this Bond is hereby transferred and assigned by the undersigned holder, without recourse, to on this day of By: (authorized signature) For: (Holder) 2. For value received, this Bond is hereby transferred and assigned by the undersigned holder, without recourse, to on this day of By: (authorized signature) For: (Holder) -7- THE FOLLOWING ENTRIES ARE TO BE MADE ONLY BY THE BOND REGISTRAR UPON REGISTRATION OF EACH TRANSFER The Director of Finance of the City of Bozeman, Gallatin County, Montana, acting as Bond Registrar, has transferred, on the books of the City, on the date last noted below, ownership of the principal amount of and accrued interest on this Bond, except the amounts of principal and interest theretofore paid: Name of New Signature of Date of Transfer Registered Holder Bond Registrar Section 3. Preparation and Delivery of First Amended and Restated Bond. The Bond as amended and restated pursuant to Section 2.04 of this resolution (the "First Amended and Restated Bond") shall be prepared under the direction of the Finance Director and shall be executed on behalf of the Issuer by the signature of the Mayor and countersigned by the City Manager and the Finance Director and sealed with the official corporate seal of the Issuer. When the First Amended and Restated Bond has been executed, the Finance Director shall cause it to be dated as of the date of delivery and delivered to the DNRC, as purchaser thereof, upon surrender of the Original Bond. Section 4. Tax Matters. 4.01. General Covenant. The Issuer covenants and agrees with the owners from time to time of the First Amended and Restated Bond that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the First Amended and Restated Bond to become includable in gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended (the "Code"), and applicable Treasury Regulations (the "Regulations"), and covenants to take any and all actions within its powers to ensure that the interest on the First Amended and Restated Bond will not become includable in gross income for federal income tax purposes under the Code and the -8- Regulations. The Project and the System are each owned and maintained by the Issuer and available for use by members of the general public on a substantially equal basis. The Issuer agrees not to enter into any lease, use or other agreement with any non-governmental person relating to the use of the Project or the System or security for the payment of the First Amended and Restated Bond which might cause the First Amended and Restated Bond to be considered a "private activity bond" or a "private loan bond" within the meaning of Section 141 of the Code. 4.02. Arbitrage Rebate. The City acknowledges that the First Amended and Restated Bond is subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Treasury Regulations to preserve the exclusion of interest on the Series 1995 Bonds from gross income for federal income tax purposes. In furtherance of the foregoing, the Director of Finance is hereby authorized and directed to execute a Rebate Certificate, substantially in the form of the Rebate Certificate currently on file in the office of the Clerk of the Commission, and the City hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or terminated in accordance with the provisions thereof. 4.03. Certification. The Mayor, the City Manager and the Finance Director, being the officers of the Issuer charged with the responsibility for issuing the First Amended and Restated Bond pursuant to this resolution, are authorized and directed to execute and deliver to the DNRC, certifications in order to satisfy the provisions of Sections 1.148-2(b) of the Treasury Regulations. Such certifications shall state the facts, estimates and circumstances in existence on the date of issue and delivery of the First Amended and Restated Bond that make it reasonable to expect that the proceeds of the First Amended and Restated Bond will be used in a manner that would not cause the First Amended and Restated Bond to be an arbitrage bond within the meaning of Section 148 of the Code and the Treasury Regulations promulgated thereunder, and the certification shall further state that to the best of the knowledge and belief of the certifying officers there are no other facts, estimates or circumstances that would materially change such expectation. 4.04. Information Reporting. The Issuer shall file with the Secretary of the Treasury, not later than May 15, 1996, a statement concerning the First Amended and Restated Bond containing the information required by Section 149(e) of the Code. Section 5. Program Covenant. The Issuer agrees that neither it nor any "related person" to the Issuer (within the meaning of Section 147(a)(2) of the Code) shall, whether pursuant to a formal or informal arrangement, acquire bonds issued -9- by the State under the General Resolution in an amount related to the amount of the First Amended and Restated Bond. Section 6. Certification and Effective Date. 6.01. Certification. The officers of the Issuer are authorized and directed to prepare and furnish to the DNRC and to the attorneys rendering an opinion as to the legality of the First Amended and Restated Bond, certified copies of all ordinances, resolutions and records and such other certificates, affidavits and other instruments as may be required to evidence the validity or marketability of the First Amended and Restated Bond and all such certified copies, certificates and affidavits shall constitute representations of the Issuer as to the truth of all statements of fact contained therein. 6.02. Effective Date. This Resolution shall be in full force and effect from and after its passage. Mayor Attest: Clerk of the Commission -10- Exhibit A 1996A REFUNDING 02/14/96 RUN 01-16-1996 Resource Development Bureau Amortization Schedule . BOZEMAN (LYMAN II) (WDL-91-3149) AMOUNT LOANED: $323, 304 .45 INTEREST RATE: 4. 87% PAYMENTS PER YEAR: 2 NUMBER OF YEARS: 15.50 INITIAL INTEREST DAYS: 0 . 00 CLOSING DATE: 02/14/1996 DATE DUE PAYMENT INTEREST PRINCIPAL BALANCE 300,007 . 30 5/23/1996 13, 897 .46 7, 305. 18 6,592 .28 293,415 . 02 INTEREST RATE CHANGES TO 4 . 9% FOR THE REMAINDER OF THE TERM; DATE DUE PAYMENT INTEREST PRINCIPAL BALANCE 316, 712 . 17 11/23/1996 15,031.06 7,759.45 7,271. 61 309,440 .56 5/23/1997 15,031.06 7,581 .29 7,449 .77 301, 990 . 79 11/23/1997 15,031.06 7,398.77 7, 632.29 294,358 .50 5/23/1998 15,031.06 7,211.78 7,819 .28 286,539 . 22 11/23/1998 15,031.06 7,020.21 8,010 .85 278,528. 37 5/23/1999 15,031.06 6, 823.95 8,207 . 11 270,321 .26 11/23/1999 15,031 . 06 6, 622.87 8,408 . 19 261,913 . 07 5/23/2000 15,031 . 06 6, 416.87 8, 614. 19 253,298 . 88 11/23/2000 15,031 . 06 6,205.82 8, 825 . 24 244, 473 . 64 5/23/2001 15,031. 06 5, 989 . 60 9, 041 .46 235,432 . 18 11/23/2001 15, 031 . 06 5, 768.09 9,262 . 97 226, 169 . 21 5/23/2002 15, 031 . 06 5,541. 15 9,489 . 91 216, 679 . 30 11/23/2002 15,031.06 5,308. 64 9, 722 .42 206, 956 . 88 5/23/2003 15,031. 06 5,070.44 9, 960. 62 196, 996 . 26 11/23/2003 15,031. 06 4,826.41 10,204. 65 186,791 . 61 5/23/2004 15,031 . 06 4,576.39 10,454. 67 176, 336 . 94 11/23/2004 15,031 .06 4,320.26 10,710 .80 165, 626 . 14 5/23/2005 15,031 .06 4,057 .84 10, 973 .22 154, 652 . 92 11/23/2005 15,031.06 3,789.00 11,242 .06 143,410. 86 5/23/2006 15,031. 06 3,513.57 11,517 .49 131, 893 . 37 11/23/2006 15,031.06 3,231 .39 11, 799 . 67 120, 093 . 70 5/23/2007 15,031 . 06 2,942 . 30 12, 088 .76 108, 004. 94 11/23/2007 15, 031 . 06 2, 646. 12 12, 384 . 94 95, 620 . 00 5/23/2008 15, 031 . 06 2, 342 . 69 12, 688 . 37 82, 931 . 63 11/23/2008 15, 031 . 06 2, 031 . 82 12, 999 . 24 69, 932 . 39 5/23/2009 15, 031 . 06 1, 713 . 34 13, 317 . 72 56, 614 . 67 11/23/2009' 15,031 . 06 1, 387 . 06 13, 644 . 00 42, 970 . 67 5/23/2010 15, 031 . 06 1, 052 . 78 13, 978 .28 28, 992 . 39 11/23/2010 15, 031 . 06 710 . 31 14, 320 . 75 14, 671 . 64 5/23/2011 15, 031 . 10 359 . 46 14, 671 . 64 0 . 00 A 7 . 94% PREMIUM HAS BEEN ADDED TO THE PRINCIPAL BALANCE .