HomeMy WebLinkAboutResolution 3087 Water system refunding revenue bonds, series 1995
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COMMISSION RESOLUTION NO. 3087
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO WATER SYSTEM REFUNDING REVENUE
BONDS, SERIES 1995; AUTHORIZING THE ISSUANCE AND SALE
THEREOF AND DELEGATING CERTAIN DUTIES RELATED THERETO TO
THE CITY MANAGER AND DIRECTOR OF FINANCE.
NOW, THEREFORE, BE IT RESOLVED by the City Commission (the "Commission")
of the City of Bozeman, Montana (the "City"), as follows:
Section 1
Recitals
Under the provisions of Title 7, Chapter 7, Parts 45 and 46 (the "Act"), the City is
authorized to issue bonds to refund revenue bonds issued for any of the purposes authorized
in Title 7, Chapter, Part 44. Pursuant to such authorization, this Commission issued and sold
water system refunding revenue bonds of the City denominated Series 1982 Bonds, dated
as of December 1, 1982, in the original aggregate principal amount of $5,000,000 (the
"Original Bonds"). For the purpose of reducing the interest cost on the Original Bonds and
to construct additional improvements to the City water system, the Commission issued its
Water System Refunding Revenue Bonds, Series 1989A, in the aggregate principal amount
of $5,625,000 (the "Outstanding Bonds"). The Outstanding Bonds are currently outstanding
in the aggregate principal amount of $4,270,000, mature on December 1 in the years 1995
through 2006, and bear interest at the rates of 6.85% to 7.50% per annum. The City
Finance Director estimates that, in today's market, the Outstanding Bonds can be refunded
to achieve a net present value debt service savings of $260,818, or 6.11 % of the principal
amount of the Refunded Bonds, using the yield of the Series 1995 Bonds as the discount
factor, calculated over the term of the Outstanding Bonds.
Section 2
Authorization
For the purpose of reducing the interest cost on the indebtedness authorized in
Section 1, evidenced by the Outstanding Bonds, it is hereby determined that it is in the best
interests of the Commission to sell its water system refunding revenue bonds, pursuant to
the Act, in order to refund the Outstanding Bonds (the "Refunded Bonds"). Such bonds shall
be denominated "Water System Refunding Revenue Bonds, Series 1995" (the "Series 1995
Bonds"), and shall be issued in the aggregate principal amount necessary, but not greater
than the amount necessary, to provide funds to payor redeem the Refunded Bonds and to
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pay Costs of Issuance of the Series 1995 Bonds. The Refunded Bonds are subject to
redemption on September 1, 1997, at a redemption price equal to the principal amount
thereof to be redeemed plus interest accrued to the date of redemption, at a premium equal
to two percent of the amount to be redeemed. It is hereby determined, to be in the best
interest of the Commission that the Refunded Bonds be called for redemption on September
1, 1997 and that the Commission issue its refunding bonds (the "Series 1995 Bonds"), as
authorized by Section 7-7-4501 of the Act and the Bond Resolution, in order to refund the
Refunded Bonds and pay costs associated therewith.
Section 3
Authorization of Sale of Bonds
Pursuant to the Act, this Commission hereby determines that it would be in the best
interests of the Commission to sell the Series 1995 Bonds at a competitive sale to be
conducted by the Commission in compliance with Section 7-7-4433, MCA. The Commission
ratifies and confirms the appointment of Dain Bosworth as financial consultant to the City
for the offering and sale of the Bonds (the "Financial Advisor"). The City Manger and
Director of Finance, in consultation with the Financial Advisor, are authorized to fix the
principal amount of the bonds, to schedule the date of sale, prepare the notice of sale and
terms and conditions of sale, and cause the sale to be conducted in accordance with the
provisions of 7-7-4433, MCA, subject to the following limitations and conditions: (1) the
aggregate principal amount of the Series 1995 Bonds shall not exceed the amount necessary
to refund the Outstanding Bonds and pay Costs of Issuance and provide underwriter's
discount of up to 1.25%; (2) the average annual interest rate on the Series 1995 Bonds
(including any additional interest) is at least fifty-hu'ndredths percent (0.50%) less than the
average annual interest rate on the Outstanding Bonds, and (3) the term of the Series 1995
Bonds shall not exceed 12 years. All costs of issuing the Series 1995 Bonds (including,
without limitation, the fees and expenses of bond counsel, the fees of the Paying Agent and
Registrar, the fee of the Escrow Agent, if any, and the cost of printing the Preliminary
Official Statement, the Official Statement and the Series 1995 Bonds) (the "Cost of
Issuance") shall be paid by the City from either the proceeds of the Bonds or other available
funds of the City.
The sale of the Series 1995 Bonds will be conducted at a meeting of the
Commission. The form of the Series 1995 Bonds and the security therefor shall be
prescribed by a subsequent resolution to be adopted by this Commission.
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Section 4
Preliminarv Official Statement
The City Manager and the Director of Finance and other officers of the City, in
cooperation with the Financial Advisor and Dorsey & Whitney, as bond counsel, are hereby
authorized and directed to prepare a Preliminary Official Statement to be distributed by the
Purchaser to potential purchasers of the Series 1995 Bonds. The City Manager and the
Director of Finance (or in the event of the absence or disability of either the City Manager
or the Director of Finance, a member of this Commission) are hereby authorized and directed
on behalf of the City to approve the Preliminary Official Statement and deem it a "final"
official statement as of its date, in accordance with Rule 15c2-12(b)(1) promulgated by the
Securities and Exchange Commission under the Securities Exchange Act of 1934.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 16th day of October 1995.
ATTEST:
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Clerk of the Commission
APPROVED AS TO FORM:
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