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HomeMy WebLinkAboutResolution 2740 Authorizing issuance of water bonds: 3-13-89 . . .... II CERTIFICATION OF MINUTES RELATING TO $5,625,000 WATER SYSTEM REVENUE REFUNDING BONDS, SERIES 1989 Issuer: City of Bozeman, Montana Governing Body: City Commission Kind, date, time and place of meeting: A regular meeting held on March 13, 1989, at 2:00 o'clock p.m. at the commission Room in city Hall . Members present: commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks Members absent: Hayor stiff Documents attached: Minutes of said meeting (pages): through including: - - RESOLUTION NO. 2740 RESOLUTION RELATING TO $5,625,000 WATER SYSTEM REVENUE REFUNDING BONDS, SERIES 1989; AUTHORIZING THE ISSUANCE AND AWARDING THE SALE THEREOF I, the undersigned, being the duly qualified and acting recording officer of the municipality issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the municipality in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body at the meeting, insofar as they relate to the obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 13th day of March, 1989. ~~oI~ Clerk of the Commission . -- --..-....- ..- ---- --.- - --..--..-.--..-- ....-- 'I c, . RESOLUTION NO. 2740 RESOLUTION RELATING TO $5,625,000 WATER SYSTEM REVENUE REFUNDING BONDS, SERIES 1989; AUTHORIZING THE ISSUANCE AND AWARDING THE SALE THEREOF BE IT RESOLVED by the City Commission of the City of Bozeman, Montana (the City), as follows: Section l. Authorization. The City pursuant to authority conferred by Montana Code Annotated, Title 7, Chapter 7, Parts 44 and 45, as amended (the Act), and other laws of the State of Montana, has established and presently owns and operates a municipal water system (the System). Under the provisions of the Act, the City is authorized to issue and sell its revenue bonds payable during a term not exceeding forty years from their date of issue, to provide funds for the reconstruction, improvement, betterment and extension of the System and to refund its revenue bonds issued for such purpose; provided that the bonds and the interest thereon are to be pay- able solely out of the net income and revenues to be derived from rates, fees and charges for the services, facilities and commodities furnished by the undertaking, and are not to create any obligation for the payment of which taxes may be levied except to pay for services provided by the System to the City. Section 2 . Outstanding Bonds. In accordance with the authorization described . Section 1 and pursuant to ln Ordinance No. 1115 adopted by the Commission on November 22, 1982, the City issued and sold its Water System Revenue Bonds, dated as of December 1, 1982, currently outstanding in the aggregate principal amount of $4,275,000 (the Series 1982 Bonds) , for the purpose of financing part of the costs of construction of improvements to the System and refunding certain outstanding revenue bonds of the City. No other bonds or indebtedness are outstanding that are payable from revenues of the System. Section 3 . The Project. After investigation of the facts and as authorized by the Act, this Commission has determined it to be necessary and desirable and ln the best interests of the City to acquire and construct improvements to the System (the proj ect) . The Project will consist of improvements to the System, including improvements of the water plant to increase production capacity and replacement of watermains. The total cost of the project, including construction, engineering, legal and administration fees and expenses and a reasonable allowance for contingencies, 1S presently estimated to be $1,000,000. The City will finance the Project from proceeds of the Series 1989 Bonds herein --------- ______m .__.. ..~ J authorized. All acts of this Commission and the City and its officers and employees with respect authorizing, constructing and financing the project heretofore taken and done and not inconsistent with this Resolution are hereby ratified and confirmed. Section 4. Issuance and Sale of the Series 1989 Bonds. This Commission has investigated the facts necessary and hereby finds, determines and declares it to be necessary and desirable for the City to lssue its $5,625,000 Water System Revenue Refunding Bonds, Series 1989 (the Series 1989 Bonds) for the purpose of providing funds, which with available amounts in the Water System Fund of the City, will be used ( 1 ) to refund in advance of their stated maturities all of the outstanding Series 1982 Bonds, (2 ) to pay costs of the project, ( 3 ) to fund a reserve fund for the Series 1989 Bonds and ( 4 ) to pay costs of issuance of the Series 1989 Bonds. The use of proceeds of a single issue of bonds to finance costs of the project and to refund the Series 1982 Bonds is advantageous to and in the best interests of the City, and will result in lower issuance costs and debt service savings (in comparison with an issue solely to provide financing of the project) over the term of the Series 1989 Bonds. The negotiated sale of the Series 1989 Bonds is necessary and expedient to enable the City to evaluate the financial feasibility and legality of issuing the Series 1989 Bonds. Pursuant to the authority recited in Section 1, the City hereby authorizes the lssuance and sale of the Series 1989 Bonds, in the aggregate principal amount of $5,625,000. Piper, Jaffray & Hopwood Incorporated, of Minneapolis, Minnesota and D. A. Davidson & Co., of Great Falls, Montana (the Purchasers) have submitted a bid to this Commission to purchase the Series 1989 Bonds at a price of $5,625,000 upon the terms and conditions set forth In the Bond Purchase Agreement attached as Exhibit A (the Bond Purchase Agreement). Said bid is hereby determined to be advantageous to and in the best interests of the City, and the sale of the S eries 1989 Bonds is hereby awarded to the Purchasers. The City Manager and the Clerk of the Commission are hereby authorized and directed to execute the Bond Purchase Agreement on behalf of the City. Section 5. Terms of Series 1989 Bonds. The Series 1989 Bonds shall mature, bear interest, including additional interest, and be subject to redemption In accordance with the terms and conditions set forth in the Bond Purchase Agreement. Other terms and conditions of the Series 1989 Bonds and provisions for the security thereof shall be established by a supplemental resolution to be adopted by this Commission. . . . 1 Section 6. Effective Date. This resolution shall be in full force and effect from and after its final passage and approval according to law. Passed by the City Commission and approved by the Mayor of the City of Bozeman, Montana, this 13th day of March, 1989. j!~ " Mayor Pro Tempore Attest, _r2J:- _ ~ ~ !IIiIr ?i1:',~L~'PP' ,', " j ",''''''.' ",: I ' ./ i '-I, '~f" 0'.1 RlaGUII'tON NO. 2740 lubltcstton P............ .....1111 to ..- Iftt i~s\) i t ot 12I,ODD"'" .,...... ....,. n". ...hI..dln, 8...dl, ' ..... ,. .......... .... .......... Met ........ 1M .... '1IIerMf. . City of Bozeman Slate of ~' ,. STATE OF MONTANA, } ss. County of GiIIIi1tii '" . I, Robin L. Sullivan; -clefk .C)f County of Gallatin, the City OcmITllllllOiT 6fth. City of Bozeman, t,4onta"'a, do Vivie Portnell hereby cerllfly that the forego- , being duly sworn, Ing Is the trUe and correct trlle and number" of Commission deposes and says: That ..lihe is FYi nc:i.ual Clerk Resolution No,. 2740 passed and adopted at a regular DRily Chronicle, a newspaper of general circulation, aessJon" tl1er60f held on the of the Bozeman 13th day of March, 1989. Dated this 14th day of ~h. printed and published in Bozeman, Gallatin County, Montana; and that the 1989; ROBIN L. SULLIVAN _Cllli'k_QLtl1e City Commission notice hereunto annexed ( Commission Resolution No. 2740 )' , has been correctly published in the regular and entire issue of every number of said paper/ / for --l... consecutive insertion , the first of which publicatio de n the 16th day of March 19 J!2..., and the last on the 16th 89 Subscribed and sworn to before me this 16th ~ 89 day of /.. arc / . 19 / (~- J~ /l ,,- - ':.../ Notary Public for the State of Montana, residing at ( Bozeman, Montana NOTARY PUBLlr,/or the state of Montana Residing a.\ BuW:\1dr1, Montana My Commissi00 tJxpires July 6. 1990 --'''~,..~'''. ..,....'.--...,---. ,..-.-,.- .-' ...-..... ------