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HomeMy WebLinkAboutSewer System Revenue Bonds, $1,973,000 $1,973,000 Sewer System Revenue Bonds (DNRC Water Pollution Control State Revolving Loan Program) consisting of $390,700 Subordinate Lien Taxable Series 2010A Bond $359,300 Series 2010B Bond and $1,223,000 Series 2010C Bond City of Bozeman, Montana CERTIFICATE OF CITY REGARDING COVERAGE We, the undersigned, the duly qualified Mayor, the Director of Finance, and the Clerk of the Commission of the City of Bozeman, Montana (the "City provide this Certificate on behalf of the City in connection with the issuance by the City of its Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Series 2010B, to be issued in the maximum principal amount of $359,300 (the "Series 2010B Bond and its Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Series 2010C, to be issued in the maximum principal amount of $1,223,000 (the "Series 20100 Bond The proceeds of the Series 2010B Bond and the Series 2010C Bond, together with the City's $390,700 Subordinate Lien Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Taxable Series 2010A (the "Series 2010A Bond which is being issued simultaneously herewith, are expected to be sufficient to pay all costs of designing and constructing a building used for administration of the municipal sewer system of the City (the "Project to pay costs of issuance of the Series 2010A Bond, the Series 2010B Bond, and the Series 2010C Bond (collectively, the "Series 2010 Bonds and to fund the Reserve Account securing the Series 2010B Bond and the Series 2010C Bond. The Series 2010A Bond will be issued as a Subordinate Obligation payable out of available Surplus Net Revenues in the Replacement and Depreciation Account or the Surplus Account in the Sewer System Fund of the City and the debt service of the Series 2010A Bond is disregarded for purposes of the calculations made below. 1. The following are the budgeted expenses for the operation and maintenance of the municipal sewer system of the City (the "System for fiscal year ending June 30, 2010. These costs have been incorporated by the City into its budget and the total costs of operation and maintenance are as set forth below: Personnel Services $1,476,423.00 Operating 2,255,951.00 Total O &M: $3,732,374.00 It is the opinion of the City that this budget is reasonable for the operation and maintenance of the overall System, as improved by the Project. 2. We have reviewed the rates and charges schedules for the City for its System in effect as of the date hereof. Based upon such review and assuming a level of usage consistent with the usage for the fiscal year ended June 30, 2009 and the budget attached hereto as Exhibit EXHIBIT A 2010 BUDGET 7 1 1 1 �I'(1 (11 T 0 .10 tat a fil 1 g �g RR gas h 5 E R a ��g1151.14EA4 •f 4 t R gl p• o t e t N U N -i Q W N I 4 h• ,-7 N ....rd a N ]]B pQ /my {py {+y� {qy a m poI Ory pmi x u� t a N 0 C m r N N g a g m e F l g m g A —Tee N 4 n O C t R R gf' 1,9 1 •g 4R It -R t l E g NI m N 5 1Y N M N 1 i 6 R a R t LL 1 1 1 1 i t I i i g i 1 Ithid!J 8 i. it i 1 1 1 tuua J. 1 k 1 1& i l i ID v. .d b961 'ON MVO 3 NQ INd�E I 600Z SZ d3` c.l t EXHIBIT B COMBINED DEBT SERVICE SCHEDULE BONDS SRF ARRA -B i 1.75% SRF Loan (C) C $359,300 3.75% $1,223,000 Total 2010 7,562 82,500 90,062 2011 22,090 87,875 109,965 2012 21,810 87,225 109,035 2013 21,530 87,519 109,049 2014 21,250 87,738 108,988 2015 20,970 87,881 108,851 2016 20,690 86,950 107,640 2017 21,410 86,981 108,391 2018 22,104 87,938 ***110,042 2019 21,789 87,781 109,570 2020 21,474 87,550 109,024 2021 21,159 87,244 108,403 2022 20,844 86,862 107,706 2023 20,528 87,387 107,915 2024 22,205 87,819 110,024 2025 21,855 87,138 108,993 2026 21,505 87,362 108,867 2027 21,155 87,494 108,649 2028 20,805 87,494 108,299 2029 20,455 87,400 107,855 2030 11,096 11,096 Total 424,286 1,744,138 2,168,424 **I1it hest Year's Debt Service REGISTRATION AND 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 (the "Registrar'), has duly noted the transfer on the Bond and recorded the transfer on the Registrar's registration books. The Borrower 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 order of the registered holder thereof, and all such payments shall be valid and effectual to satisfy and discharge the Borrower's liability upon the Bond to the extent of the sum or sums so paid. REGISTER The ownership of the unpaid Principal Balance of this Bond and the interest accruing thereon is registered on the books of the City of Bozeman, Montana in the name of the registered holder appearing on the first page hereof or as last noted below: Date of Name and Address Signature of Registration of Registered Holder Director of Finance 4110 February 10, 2010 Department of Natural Resources and Conservation 4 1625 Eleventh Avenue Helena, MT 59620 THE FOLLOWING ENTRIES ARE TO BE MADE ONLY BY THE BOND REGISTRAR UPON REGISTRATION OF EACH TRANSFER The Director of Finance of the City, 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 the accrued interest on this Bond to the new registered holder noted next to such date, except for amounts of principal and interest theretofore paid. Name of New Signature of Date of Transfer Registered Holder Bond Registrar -6- IN WITNESS WHEREOF, the City of Bozeman, Montana, by its governing body, has caused this Bond to he executed by the signatures of the Mayor, the Director of Finance, and the Clerk of the Commission, and has caused the official seal of the Borrower to be affixed hereto, and has caused this Bond to be dated as of the 10th day of February, 2010. M V ts.w 130 Z 44 p G e �"4 Di -ctor of Fii.r•I ce if 183 IIAO &CA 01 p C erk o tl Co� .t -5- REGISTRATION AND TRANSFER This Bond shall be fully registered as to both principal and interest. No transfer of this Bond shall be valid unless and until (I) 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 (the "Registrar has duly noted the transfer on the Bond and recorded the transfer on the Registrar's registration books. The Borrower 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 order of the registered holder thereof, and all such payments shall be valid and effectual to satisfy and discharge the Borrower's liability upon the Bond to the extent of the sum or sums so paid. REGISTER The ownership of the unpaid Principal Balance of this Bond and the interest accruing thereon is registered on the books of the City of Bozeman, Montana in the name of the registered holder appearing on the first page hereof or as last noted below: Date of Name and Address Signature of Registration of Registered Holder Director of Finance February 10, 2010 Department of Natural. S Resources and Conservation d 1625 Eleventh Avenue Helena, MT 59620 THE FOLLOWING ENTRIES ARE TO BE MADE ONLY BY THE BOND REGISTRAR UPON REGISTRATION OF EACH TRANSFER The Director of Finance of the City, 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 the accrued interest on this Bond to the new registered holder noted next to such date, except for amounts of principal and interest theretofore paid. Name of New Signature of Date of Transfer Registered Holder Bond Registrar -6- IN WITNESS WHEREOF, the City of Bozeman, Montana, by its governing body, has caused this Bond to be executed by the signatures of the Mayor, the Director of Finance, and the Clerk of the Commission, and has caused the official seal of the Borrower to be affixed hereto, and has caused this Bond to be dated as of the 10th day of February, 2010. CM::::: '247 Di -ctor of Fii t:f ce C f 1 j a i 63 S.AringA0 u C erk okly. Com ission -5- REGISTRATION AND 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 (the "Registrar has duly noted the transfer on the Bond and recorded the transfer on the Registrar's registration books. The Borrower 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 order of the registered holder thereof, and all such payments shall be valid and effectual to satisfy and discharge the Borrower's liability upon the Bond to the extent of the sum or sums so paid. REGISTER The ownership of the unpaid Principal Balance of this Bond and the interest accruing thereon is registered on the books of the City of Bozeman, Montana in the name of the registered holder appearing on the first page hereof or as last noted below: Date of Name and Address Signature of Registration of Registered Holder Director of Finance February 10, 2010 Department of Natural Resources and Conservation 1 1625 Eleventh Avenue Helena. MT 59620 THE FOLLOWING ENTRIES ARE TO BE MADE ONLY BY THE BOND REGISTRAR UPON REGISTRATION OF EACH TRANSFER as Registrar, Director of Finance of the City, acting as Bond Rct, s trar has transferred, on the books of the City, on the date last noted below, ownership of the principal amount of and the accrued interest on this Bond to the new registered holder noted next to such date, except for amounts of principal and interest theretofore paid. Name of New Signature of Date of Transfer Registered Holder Bond Registrar -6- 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 2010B Bond, the Series 2010C Bond, and additional parity 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, unless the lien thereof shall be expressly made subordinate to the lien of the Series 2010B Bond, the Series 2010C Bond, and additional parity Bonds on such Net Revenues and such obligations are payable only from Surplus Net Revenues (as is the case with the Series 2010A Bond); that all provisions for the security of the holder of this Series 2010B 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 Borrower to be done, to exist, to happen and to be performed in order to make this Series 2010B Bond a valid and binding special obligation of the Borrower according to its terms have been done, do exist, have happened and have been performed as so required; and that this Series 2010B 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 Bon within the meaning of any constitutional or statutory or charter limitation or provision and the issuance of the Series 2010B Bond does not cause either the general or the special indebtedness of the Borrower to exceed any constitutional or statutory or charter limitation. IN WITNESS WHEREOF, the City of Bozeman, Montana, by its governing body, has caused this Bond to be executed by the signatures of the Mayor, the Director of Finance, and the Clerk of the Commission, and has caused the official seal of the Borrower to be affixed hereto, and has caused this Bond to be dated as of the 10th day of February, 2010. (SEAL Dir •ctor of Fina ate f \T T U 1 end c Commission -5- REGISTRATION AND 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 (the "Registrar has duly noted the transfer on the Bond and recorded the transfer on the Registrar's registration books. The Borrower shall he 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 order of the registered holder thereof, and all such payments shall be valid and effectual to satisfy and discharge the Borrower's liability upon the Bond to the extent of the sum or sums so paid. REGISTER The ownership of the unpaid Principal Balance of this Bond and the interest accruing thereon is registered on the books of the City of Bozeman, Montana in the name of the registered holder appearing on the first page hereof or as last noted below: Date of Name and Address Signature of Registration of Registered Holder Director of Finance February 10, 2010 Department of Natural Aar Resources and Conservation 1625 Eleventh Avenue Helena, MT 59620 THE FOLLOWING ENTRIES ARE TO BE MADE ONLY BY THE BOND REGISTRAR UPON REGISTRATION OF EACH TRANSFER The Director of Finance of the City, 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 the accrued interest on this Bond to the new registered holder noted next to such date, except for amounts of principal and interest theretofore paid. Name of New Signature of Date of Transfer Registered Holder Bond Registrar -5- the Series 2010C Bond does not cause either the general or the special indebtedness of the Borrower to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the City of Bozeman, Montana, by its governing body, has caused this Bond to be executed by the signatures of the Mayor, thc Director of Finance, and the Clerk of the Commission, and has caused thc official seal of the Borrower to be affixed hereto, and has caused this Bond to be dated as of the 10` day of February, 2010. 0 5 f„,., e (SEAL{ e 1.4 i j Di -c of Fib ce l �i 3 ti ler oi le Co emission -4- 1110 STATE OF MONTANA CERTIFICATE AS TO ORGANIZATION ss OF CITY OF BOZEMAN, MONTANA COUNTY OF GALLATIN The undersigned, being the duly qualified and acting City Clerk of the City of Bozeman, in the County and State aforesaid, and as such having custody of and access to the books and records of the City relating to the matters hereinafter stated, hereby /certifies that, as appears by such books and records and as known to me, the following statements are true and correct. 1. Said City has been a duly organized city for more than 124 years and is now governed by the general laws of the State relating to cities of the First class, operating under the Commission- Manager form of government. Its population, according to the 2000 United States census, was 27,509, and its estimated present population is 35,061. 2. The territory included within its boundaries lies wholly in the County of Gallatin, and comprises approximately 10,375 acres. Said City is divided into 0 wards. The City is governed by a Mayor, City Manager and four Commissioners. The following named persons hold the offices set opposite their names and for the terms stated below: Name Office Term Began Term Ends 1 eff Krauss Mayor 01 -01 -2006 12-31-2011 Chris Kukulski City Manager 08 -18 -2004 Anna Rosenberry Finance Director 02 -17 -2005 Stacy Ulmen City Clerk Laurae Clark Treasurer 05 -01 -1996 Greg Sullivan City Attorney 1 1 -01 -1991 Carson Taylor Commissioner 04 -01 -2010 Sean Becker Commissioner, Deputy Mayor 01 -01 -2006 12-31-2011 Chris Mehl Commissioner 01 -01 -2010 12 -31 -2013 Cyndy Andrus Commissioner 01 -25 -2010 12 -31 -2011 $1,973,000 Sewer System Revenue Bonds (DNRC Water Pollution Control State Revolving Loan Program), Consisting of $390,700 Subordinate Lien Taxable Series 2010A Bond, $359,300 Series 2010B Bond, and 51,223,000 Series 2010C Bond City of Bozeman, Montana CERTIFICATE AND RECEIPT OF DIRECTOR OF FINANCE I, the undersigned, being the duly qualified and acting Director of Finance of the City of Bozeman, Montana (the "City hereby certify and acknowledge that on the date of this instrument, I received from the Department of Natural Resources and Conservation of the State of Montana (the "DNRC as purchaser thereof (the "Purchaser the amount of $1,000, as the first advance of the principal amount of the Subordinate Lien Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Taxable Series 2010A, of the City (the "Series 2010A Bond dated, as originally issued, as of the date hereof, and issued in the maximum principal amount of $390,700, and $62,333, as the first advance of principal of the Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Series 2010B, of the City (the "Series 201013 Bond dated, as originally issued, as of the date hereof, and issued in the maximum principal amount of $359,300. The City estimates that it will request an advance of a portion of the principal amount of the City's $1,223,000 Sewer System Revenue Bond (DNRC Water Pollution Control State Revolving Loan 4111 Program), Series 2010C (the "Series 2010C Bond by no later than September 30, 2010. Following the total initial advance of $63,333 at closing, the remaining principal amount of the Series 2010A Bond will be advanced in full, then the remaining principal amount of the Series 2010E Bond will be advanced in full, and then the City will request advances of the Series 2010C Bond. The advance received on the date hereof shall be used for construction costs and to fund a deposit to the Reserve Account. I understand and agree that if the City does not request the advance of the full principal amount of the Series 2010A Bond and the Series 2010B Bond, the Purchaser has reserved the right to issue a replacement Series 2010A Bond and a replacement Series 2010B Bond, as further provided in the resolution authorizing the Series 2010A Bond and the Series 2010B Bond. As Bond Registrar designated under Resolution No. 4234 adopted by the City Commission, on January 19, 2010, authorizing the issuance of the Series 2010A Bond, the Series 2010B Bond, and the Series 2010C Bond (collectively, the "Bonds I further certify that on the elate hereof the Bond Registrar has authenticated and delivered the Bonds to the Purchaser. 1 further certify that the Bonds so authenticated and delivered were registered, on the face thereof and also in the bond register maintained by the Bond Registrar, in the name of the Purchaser. WITNESS my hand officially as such Director of Finance o h clay of February, 2010. irector of l nance form 8038-G Information Return for Tax Exempt Governmental Obligations Under Internal Revenue Code section 149(e) OMB No 1545-0720 (Rev. November 2000) See separate Instructions. Department or the Treasury Caution: if the issue price is under $700,000, use Form 8038 -GC. Internal Revenue Service P Part I Reporting Authority If Amended Return, check here 1 Issuer's name 2 Issuer's employer identification number CITY OF BOZEMAN, MONTANA 81 i 6001238 3 Number and street (or P.O. box if mail is not delivered to street address) Room /suite 4 Report number P.O. Box 1230 3 2010 1 5 City, town, or post office, state, and ZIP code 6 Date of issue BOZEMAN, MT 59771 1230 February 10, 2010 7 Name of issue 8 CUSIP number Sewer System Rev. Bond (DNRC Drinking Water State Revolving Fund) 2010B 2010C NONE 9 Name and title of officer or legal representative whom the IRS may call for more informatioA 10 Telephone number of officer or legal representative ANNA ROSENBERRY, FINANCE DIRECTOR 406 582 -2300 Part II Type of Issue (check applicable box(es) and enter the issue price) See instructions and attach schedule 11 Education 11 12 Health and hospital 12 13 Transportation 13 14 Public safety 14 15 Environment (including sewage bonds) 15 $1,582,300.00 16 Housing 16 17 Utilities 17 18 Other. Describe 18 19 If obligations are TANS or RANs, check box 0- 0 If obligations are BANs, check box 20 If obligations are in the form of a lease or installment sale, check box 4 Part III Description of Obligations. Complete for the entire issue for which this form is being filed. to Stated redemption (d) Weighted (e) Yield (a) Final maturity date (b) Issue price price at maturity average maturity 21 01/01/2030 $1,582,300.00 $1,582,300.00 11.209 years 3.295950 Part IV Uses of Proceeds of Bond Issue (including underwriters' discount) 22 Proceeds used for accrued interest 22 0 23 Issue price of entire issue (enter amount from line 21, column (b)) 23 $1,582,300.00 24 Proceeds used for bond issuance costs (including underwriters' discount) 24 $8,020.00 25 Proceeds used for credit enhancement 25 0 26 Proceeds allocated to reasonably required reserve or replacement fund 26 $110,042.00 27 Proceeds used to currently refund prior issues 27 0 28 Proceeds used to advance refund prior issues 28 0 29 Total (add lines 24 through 28) 29 $118,062.00 30 Nonrefundinq proceeds of the issue (subtract line 29 from line 23 and enter amount here) 30 $1,464,238.00 Part V Description of Refunded Bonds (Complete this part only for refunding bonds.) 31 Enter the remaining weighted average maturity of the bonds to be currently refunded years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded years 33 Enter the last date on which the refunded bonds will be called 34 Enter the date(s) the refunded bonds were issued Part VI Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 35 0 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 36a 0 b Enter the final maturity date of the guaranteed investment contract 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a 0 b If this issue is a loan made from the proceeds of another tax exempt issue, check box and enter the name of the issuer State of Montana with respect to 2010C bond and the date of the issue April 2009 38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box 39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box 40 If the issuer has identified a hedge, check box Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are tr e. correct, and complete. Sign Here February 10, 2010 Anna Rosenberry, Finance Director Signs re of issuer's I orized represent /e Date Type or print name and title For Paperwork R uction Act Notice, see page 2 of the Instructions. Cat No. 637735 Form 8038 (Rev 11-2000) 64 supplement is required b or better complies with, the provisions of Section 148 and applicable P] q Y� P P Pl Regulations. Dated: February 10, 2010 CITY OF BOZEMAN, MONTANA By irectoi Loaf inance 5 410 (t) On the basis of all the facts, estimates and circumstances now in existence and set forth in the documents relating to the issuance of the Series 2010B Bond and the Series 2010C Bond, including without limitation this instrument, it is expected that the proceeds of the Series 2010B Bond and the Series 2010C Bond will be used in a manner that would not cause the Series 2010B Bond and the Series 2010C Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the Regulations. (u) To the best of our knowledge and belief, there are no other facts, estimates or circumstances that would materially change the foregoing expectations and said expectations are reasonable. No matters have come to our attention which make unreasonable or incorrect the representations made in this Certificate. 7. The seal impressed on this Certificate and on the Series 2010 Bonds is the true and only official corporate seal of the City. WITNESS our hands on behalf of the City as of this 10th day of February, 2010. CITY OF BOZEMAN, MONTANA v•B02 By 41) ti or° ,L And 1 U1►rn 7 1883 Ci y C C. O hl And Dir ctor of Fii 4 1 1 8