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HomeMy WebLinkAboutResolution 2913 Authorizing bond sale for SID 657 -- .- ._'-:-=-= ,_.",........- ,. _.____..n_ _..u__ .___._., ___.._. - . .. -- , , COMMISSION RESOLUTION NO. 2913 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 657; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF SPECIAL IMPROVEMENT DISTRICT NO. 657 BONDS, IN THE AMOUNT OF $180,000.00 FOR THE PURPOSE ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHAL T CONCRETE STREET . IMPROVEMENTS, STORM DRAINAGE, CONCRETE CURB AND GUTTER, CONCRETE SIDEWALK, AND ALL NECESSARY APPURTENANCES TO SERVE THE WESTFIELD SUBDIVISION, PHASE III, IN THE CITY OF BOZEMAN, MONTANA. BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, as follows: Section 1. Recitals. The City of Bozeman has created Special Improvement District No. 657 (the District) for the purpose of accomplishing the engineering design, construction, inspection and engineering certification of asphalt concrete street improvements, storm drainage, concrete curb and gutter, concrete sidewalk, and all necessary appurtenances to serve the Westfield Subdivision, Phase III, in the City of Bozeman, Montana (the Improvements). The amount of bonds necessary to be sold to pay the District's share of the Improvements is $180,000.00. The City Commission of the City tI Bozeman has full power and authority to issue the Bonds. Section 2. Term of Bonds. Pursuant to the authority described above, this City Commission of the City of Bozeman shall issue and sell the Bonds drawn against the funds of Special Improvement District No. 657 in an aggregate principal amount of $180,000. The Bonds shall be dated as of July 1, 1993, and shall bear interest, payable semi-annually on January 1 and July 1 of each year commencing January 1, 1994, at the rate or rates designated by the successful bidder at public sale herein authorized and as approved by this City Commission. If issued as serial bonds, the Bonds shall mature on July 1 in each of the following years and amounts: ~ Amount 1994 5,000 1995 5,000 1996 5,000 . 1997 5,000 1998 10,000 1999 10,000 2000 10,000 2001 10,000 2002 10,000 2003 10,000 2004 10,000 2005 10,000 2006 10,000 2007 10,000 2008 10,000 _.~-_._-_._'--- ....---.-- ~ - 2009 10,000 2010 10,000 2011 10,000 2012 10,000 2013 10,000 If issued as amortization bonds, the bonds will be issued as a single bond or divided into several bonds, as the City Commission may determine at the time of sale, with principal of the Bonds .able annually on January 1, commencing on January 1, 1994, and, subject to prior redemption and prepayment, continuing through January 1, 2013. Serial bonds shall be in the denomination of $5,000 each or any integral multiple or fraction thereof of single maturities. The Bonds, whether serial or amortization, shall be issued only as fully registered bonds and shall be executed by the manual or facsimile signatures of the City Manager, Director of Finance and Clerk of the City Commission. Amortization bonds shall be preferred. Section 3. Notice of Sale. The Bonds shall be opened on Tuesday, June 1, 1993, at 10:00 a.m., M.D.T., at the office of the Clerk of the Commission, and shall be sold at a regular meeting of the City Commission of the City of Bozeman on Tuesday, June 1, 1993, at 3:30 o'clock p.m., M.D.T., in _e Commission Room of the Municipal Building, 411 East Main Street, Bozeman, Montana. The erk of the Commission is authorized and directed to cause the notice of the sale to be published, as required by Section 7-12-4204, M.C.A., in the Bozeman Daily Chronicle, once a week for two ., , t (2) successive weeks preceding the week which contains the date of sale, and in any other newspapers as may be determined by the City Commission of the City of Bozeman. The notice of sale attached hereto as Exhibit A (the Notice of Sale) contains further terms and conditions for the sale of the Bonds which terms and conditions are hereby ratified and made a part hereof. The Notice of sale shall be in substantially the form set forth in Exhibit A. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 17th day of May 1993. . ~~ TIMOTHY SWA ~ Mayor ATTEST: ?JJ tttrt!i~ ~ to. . O~.' ..~ ~ c-ROBIN~L. SULLlV N . Clerk of the Commission . ~ \ '" J - 2 - State of Montana ) County of Gallatin ) City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do hereby certify that the foregoing Commission Resolution No. 2913 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published . in said City, in the issue dated the 20th day of May 1993, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office. G?~ 2~~ ROBIN L. SULLIVAN Clerk of the Commission . . ---- .. _. _n ...______..__ . ....-..-.- - - CERTIFICATION OF MINUTES RELATING TO $180,000.00 Special Improvement District No. 657 Bonds Issuer: City of Bozeman, Gallatin County, Montana Governing Body: City Commission Kind, date, time and place of meeting: A regular meeting held on May 17, 1993, at 3:30 p.m., in the Commission Room of the Municipal Building, 411 East Main Street, in Bozeman, Montana. embers present: Mayor Swanson, Commissioner Frost, Commissioner Vincent, Commissioner Knapp Members absent: Commissioner Stiff Documents attached: Minutes of said meeting (pages): COMMISSION RESOLUTION NO. 2913 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 657; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF SPECIAL IMPROVEMENT DISTRICT NO. 657 BONDS, IN THE AMOUNT OF $180,000 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHAL T CONCRETE STREET IMPROVEMENTS, STORM DRAINAGE, CONCRETE CURB AND GUTTER, CONCRETE SIDEWALK, AND ALL NECESSARY APPURTENANCES TO SERVE THE WESTFIELD SUBDIVISION, PHASE III, IN THE CITY OF . BOZEMAN, MONTANA. I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificates, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said 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 17th day of May 1993. ~4~' ,-~njj~ C BRENDA M. STA N Acting Clerk of the Commission ----- ------- _. II!""""'"~'Y, - ,. .,.....JII!"" ".' ~,~"T~."',:._'~ EXHIBIT A NOTICE OF SALE OF BONDS of $180,000.00 SPECIAL IMPROVEMENT DISTRICT NO. 657 OF THE CITY OF BOZEMAN, MONTANA . NOTICE HEREBY GIVEN by the City Commission of the City of Bozeman, Montana, that bids will be received until 1 0:00 a.m., M.D.T., on the 1 st day of June 1993, at which time the bids will be opened and read in the office of the Clerk of the Commission. The City Commission, at a regular meeting to be held on the 1 st day of June 1993, at the hour of 3:30 o'clock p.m., M.D.T., at the Commission Room in the City Hall, 411 East Main Street, Bozeman, Montana, will sell to the best bidder for cash, either amortization or serial bonds drawn against the funds of Special Improvement District No. 657 in the total aggregate principal amount of $180,000.00 Bonds (the Bonds) for the purpose of accomplishing the engineering design and construction of asphalt concrete street improvements; storm drainage; concrete curb and gutter; and concrete sidewalks to serve the Westfield Subdivision, Phase III, in the City of Bozeman, Montana. THE BONDS . Amortization bonds will be the first choice and serial bonds will be the second choice of the City of Bozeman. If amortization bonds are sold and issued, the Bonds will be issued as a single bond or divided into several bonds, as the City of Bozeman may determine at the time of sale, interest to be payable in equal semi-annual installments on each January 1 and July 1, commencing on January 1, 1994, and subject to prior redemption and prepayment, continuing through January 1, 2013. Principal shall be payable annually, commencing January 1, 1994, and subject to prior redemption and prepayment, continuing through January 1, 2013. If serial bonds are issued and sold, the Bonds will be issued in the denomination of $5,000 each or any integral multiple or fraction thereof of single maturities. The serial bonds will mature, subject to prior redemption and prepayment, on January 1, in the following years and amounts: . Year Amount 1994 5,000 1995 5,000 1996 5,000 1997 5,000 1998 10,000 1999 10,000 2000 10,000 2001 10,000 2002 10,000 2003 10,000 -------....--.... --. -----.... ..- --.-".. .___.n _.._. _._ __.., __....____m_______.__ -,- . -~. -~,-~. - - .J1,,_ ~ ~ - ~~"~"_~:-!"~,,.......,. .. 2004 10,000 2005 10,000 2006 10,000 2007 10,000 2008 10,000 2009 10,000 2010 10,000 2011 10,000 2012 10,000 . 2013 10,000 The Bonds, whether amortization or serial bonds, will be issued as fully registered bonds, will bear an original issue date and be registered as of July 1, 1993, and will bear interest at the rate or rates designated by the successful bidder at the sale. Interest will be payable semiannually on January 1 and July 1 of each year commencing January 1, 1994. The Bonds will be issued as fully registered bonds only. REDEMPTION All bonds are subject to redemption and prepayment at the option of the City of Bozeman, in order of registration, on any interest payment date whenever there is any balance in the District Fund after payment of interest due on all Bonds, either from the prepayment of special assessments levied in the District or from the transfer of surplus monies in the Construction .count. The Bonds shall not be callable from the proceeds of an issue of refunding bonds prior to the expiration of one-third of their term. SECURITY The Bonds are not general obligations of the City of Bozeman. The Bonds are payable from the collection of special assessments which are levied against and become a lien on the real property within the District. The assessments to be levied by the City of Bozeman will bear interest at an annual rate equal to the sum of one-half of one percent per annum plus the average annual interest rate borne by the Bonds. The Bonds shall also be secured by the City of Bozeman's Special Improvement District Revolving Fund (the Revolving Fund). The City of Bozeman will agree to make a loan from the Revolving Fund to the District Fund to make good any deficiency then existing in the Interest and end Account of the District Fund and to provide funds for the Revolving Fund by levying a tax or making a loan from the General Fund to the extent authorized by law. The City of Bozeman has outstanding as of the date hereof $ 2,630,500.00 principal amount of Special Improvement District Bonds. The City has a cash balance of $ 430,579.75 in its Special Improvement District Revolving Fund. ....--- ._m _ _. __ ..._.. ._... _.__ - - .~ - ~ ' -. . ...._n ..._. ..._ j .... , .. REGISTRAR AND PAYING AGENT Principal of and interest on the bonds will be payable at the principal office of the Director of Finance, City of Bozeman, Montana (the Bond Registrar and Paying Agent). BIDS AND AWARD OF SALE Terms of Bid. Each bid must be all but not less than all of the Bonds. All Bonds eturing on the same date must bear basic interest from the date of issue until paid at a single, uniform rate, expressed in integral multiples of 1/20 of 1 percent per annum. Supplemental or "B" interest shall not exceed two and one-half percent per annum. No bid for less than par value with accrued interest on the principal amount of the Bonds to the date of delivery of the Bonds will be considered. ReceiDt of Bids and Award of Sale. Sealed bids for the Bonds will be received by the Clerk of the Commission, of the City of Bozeman, Montana, until 1 0:00 a.m., M.D.T., on Tuesday, June 1, 1993. Each envelope must be marked as follows: "Bid for $180,000.00 Special Improvement District No. 657 Bonds" and must indicate the name and address of the bidder or, in the case of a group of bidders, of the representative. tit Basis of Award. The award, if any. will be made to the bidder whose bid results in the west net interest cost payable on the Bonds. The City of Bozeman reserves the right to reject any and all bids and to waive any informality or irregularity in any and all bids. Good Faith Check. Each bid must be accompanied by lawful money of the United States of America or a cashier's check, certified check, bank money order or bank draft, in the amount of $ 3,600.00 drawn and issued by a national banking association located in Montana or by any banking corporation incorporated under the laws of Montana, payable to the City of Bozeman. The bid security of the unsuccessful bidders will be returned immediately on award of the Bonds to the successful bidder or after the rejection of all bids. The bid security of the successful bidder will be deposited by the Director of Finance on the date of sale, and at the time of the delivery of the Bonds such security will be applied against the purchase price for the Bonds . will be retained as liquidated damages upon the failure of the successful bidder to take and pay for the Bonds in accordance with the terms of its bid. No interest will be allowed on the bid security . Additional Information. Additional information regarding the District and the Bonds may be obtained from the Clerk of the City Commission, City of Bozeman, P.O. Box 640, Bozeman, Montana 59715, telephone (406) 586-3321. n ____... -_._--,-,_._-.,.-...--~,~-_._-.- - ~ ~" ~ "\. '; '. DELIVERY Bonds. Delivery of the Bonds will be made payable therefore in immediately available funds within 45 days of the date of sale at Bozeman, Montana, or at such other location as the purchaser shall request and the City of Bozeman shall approve. The charge of the delivery agent will be paid by the purchaser. The cost of the printing of the bonds will be paid by the District. . Closina Certificates and ODinions. At the time of delivery of the Bonds the District will deliver to the successful bidder a legal opinion, which is to be paid for by the District. The legal opinion will state that the Bonds are valid and binding special obligations of the City of Bozeman, and the interest thereon is exempt from federal and Montana state income tax. A copy of the legal opinion will be printed on the reverse side of the Bonds at the request of the purchaser. The District will deliver a certificate stating that no litigation in any manner questioning the validity of the Bonds in then pending, or to the best knowledge of the City threatened, along with other customary closing certificates. BRENDA M. STATTON Acting Clerk of the Commission eblication Dates: Wednesday, May 19, 1993 Sunday, May 23, 1993 . .1 . State of Montana ) County of Gallatin ) City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do hereby certify that the foregoing Notice in Re for Commission Resolution No. 2913 was . published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 19th day of May, 1993 and the 23rd of May, 1993, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my - office. R~Sut~ ~ )., .A' " Clerk of the Commission - -----