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HomeMy WebLinkAboutResolution 2609 Providing for issuance of extended SID 651 bond: 6-16-86 ._."'n._....___ ...-.-"". 'l ~, r, ,.. ~ ..~ RESOLUTION NO. 2609 RESOLUTION RELATING TO EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 651; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 651 BONDS, IN THE AMOUNT OF $47,000.00 FOR THE PURPOSE OF FINANCING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREET IMPROVEMENTS FOR A PORTION OF DURSTON ROAD, A GRAVEL WALKWAY AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST I FILING. BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, as follows: Section 1. Recitals. The City of Bozeman has created Extended Special Improvement District No. 651 (the District) for the purpose of financing the costs of accomplishing the engineering design, construction, installation, inspection and engineering certification of a portion of Durston Road and a five-foot-wide gravel walkway, including street excavation, gravel street base, asphalt street surfacing, gravel walkway and other necessary appurtenances (the Improvements). The amount of bonds necessary to be sold to pay the District's share of the Improvements is $47,000.00. The City Commission of the City of Bozeman has full power and authority to issue the Bonds. Section 2. Term of Bonds. Pursuant to the authority described above, this City Com- mission of the City of Bozeman shall issue and sell the Bonds drawn against the funds of Extended Special Improvement District No. 651 in an aggregate principal amount of $47,000.00. The Bonds shall be dated as of September 1, 1986, and shall bear interest, payable semi- annually on January 1 and July 1 of each year commencing January 1, 1987, 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: Year Amount I - 1987 $ 1,000.00 1988 2,000.00 1989 2,000.00 1990 2,000.00 1991 2,000.00 1992 2,000.00 1993 2,000.00 1994 2,000.00 1995 2,000.00 1996 3,000.00 1997 3,000.00 1998 3,000.00 1999 3,000.00 2000 3,000.00 2001 3,000.00 2002 3,000.00 2003 3,000.00 2004 3,000.00 2005 3,000.00 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 payable semiannually on each January 1 and July 1, commencing January 1, 1987, and, subject to prior redemption and prepayment, continuing through July 1, 2005. Serial bonds shall be in the denomination of $1,000 each or any integral multiple or fraction thereof of single maturities (provided that the Bond representing principal installment number 1 shall be in the I denomination of $1,000.) 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 sold at a public competitive sale which is hereby called and shall be held at a regular meeting of the City Commission of the City of COMMISSION RESOLUTION NO. 2609 ..___n.. .__.___. .._ ---- ....--..----- 233 Bozeman on July 14, 1986, at 2: 00 o'clock p. m., M. D. T., in the Commission Room of the Municipal Building, 411 East Main Street, Bozeman, Montana. The Clerk of the Commission is authorized and directed to cause the notice of the sale to be published, as required by Sections 7-12-4204 and 7-7-4251, M.C.A., in the Bozeman Daily Chronicle, once a week for four (4) 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 bonds shall be combined for sale with the bonds for Special Improvement District Nos. 649 and 650 in the best interests of I the City of Bozeman and SID No. 651. The pooling of these bonds will facilitate their sale and result in more advantageous terms for the sale, including reduced costs for issuance of the bonds. 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 on this 16th day of June 1986. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission EXHIBIT A I NOTICE OF SALE OF BONDS of $953,000.00 SPECIAL IMPROVEMENT DISTRICT NOS. 649, 650 AND 651 OF THE CITY OF BOZEMAN, MONT ANA NOTICE IS HEREBY GIVEN by the City Commission of the City of Bozeman, Montana, that the Commission, at a regular meeting to be held on the 14th day of July 1986, at the hour of 2:00 o'clock p.m., Mountain Daylight Time, at the Commission Room in the City Hall, 411 East Main Street, Bozeman, Montana, will sell to the highest and best bidder for cash, either amortization or serial bonds drawn against the funds of Special Improvement District No. 649, in the amount of $448.000.00; Special Improvement District No. 650, in the amount of $458,000.00; and Extended Special Improvement District No. 651, in the amount of $47,000.00; for the total aggregate prin- cipal amount of $953,000.00 Bonds (the Bonds) for the purpose of financing the engineering de- sign, construction, installation, inspection and engineering certification of sanitary sewer mains, water mains, storm drainage and detention, streets, curb and gutter, sidewalks, street improve- ments for a portion of Durston Road and a gravel walkway, and all other necessary appurtenances to serve particular properties within Annie Subdivision, First Filing. THE BONDS Amortization bonds will be the first choice and serial bonds will be the second choice of the City of Bozeman. I f amortization bonds are sold and issued, the Bonds wi II be issued as a single bond or divided into several bonds, as the City of Bozeman may determine at the time of I sale, both principal and interest to be payable in equal semiannual installments on each January 1 and July 1, commencing January 1, 1987, and subject to prior redemption and prepayment, continuing through July 1, 2005. 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 July 1, in the following years and amounts: COMMISSION RESOLUTION NO. 2609 . . un_. _.__. ._...___ __.....u___ ._n__._..._.___.__ ') .~. ' ,'~.~ "",,,: Year SID 649 SID 650 SID 651 Total - 1987 $ 8,000.00 $ 8,000.00 $ 1,000.00 $ 17,000.00 1988 10,000.00 10,000.00 2,000.00 22,000.00 1989 15,000.00 15,000.00 2,000.00 32,000.00 1990 20,000.00 20,000.00 2,000.00 42,000.00 1991 20,000.00 20,000.00 2,000.00 42,000.00 1992 20,000.00 20,000.00 2,000.00 42,000.00 1993 20,000.00 20,000.00 2,000.00 42,000.00 1994 20,000.00 20,000.00 2,000.00 42,000.00 1995 20,000.00 20,000.00 2,000.00 42,000.00 I 1996 20,000.00 20,000.00 3,000.00 43,000.00 1997 25,000.00 25,000.00 3,000.00 53,000.00 1998 25,000.00 25,000.00 3,000.00 53,000.00 1999 25,000.00 30,000.00 3,000.00 58,000.00 2000 30,000.00 30,000.00 3,000.00 63,000.00 2001 30,000.00 35,000.00 3,000.00 68,000.00 2002 35,000.00 35,000.00 3,000.00 73,000.00 2003 35,000.00 35,000.00 3,000.00 73,000.00 2004 35,000.00 35,000.00 3,000.00 73,000.00 2005 35,000.00 35,000.00 3,000.00 73,000.00 $448,000.00 $458,000.00 $47,000.00 $953,000.00 The Bonds, whether amortization or serial bonds, wi II be issued as fully registered bonds, wi II bear an original issue date and be registered as of September 1, 1986, 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, 1987. 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 par- ticular 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 moneys in the Construction Account. The Bonds shall not be callable from the proceeds of an issue of re- funding bonds prior to the expiration of one-half of their term. I 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 each 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 annufl 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 a District's Fund to make good any deficiency then existing in the I nterest and Bond Account of the District's 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 $9,108,519.00 principal amount of Special Improvement District Bonds. The City has a balance of ($37,142.99) in its Special Improvement District Revolving Fund. 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 I Terms of Bid. Each bid must be for all but not less than all of the Bonds. All Bonds maturing 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 one 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. COMMISSION RESOLUTION NO. 2609 .. -"--..-.--..-. -.... - -.--...--...-..-- .. ~_...- 235 Receipt 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 2:00 p.m., Mountain Daylight Time, on July 14, 1986. Each envelope must be marked as follows: IIBid for $953,000.00 Special Improve- ment District Nos. 649, 650 and 651 Bondsll and must indicate the name and address of the bidder or, in the case of a group of bidders, of the representative. Basis of Award. The award, if any, will be made to the bidder whose bid results in the lowest I 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. Each bid must be accompanied by lawful money of the United States of America Good Faith Check. or a cashier's check, certified check, bank money order or bank draft, in the amount of $19,060.00 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 or 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 Districts 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. DELIVERY Bonds. Delivery of the Bonds will be made payable therefor in immediately available funds I 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 wi II be paid by the District. Closing Certificates and Opinions. At the time of delivery of the Bonds the Districts will deliver to the successful bidder a legal opinion. 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 Districts will deliver a certifi- cate 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. ROBIN L. SULLIVAN Clerk of the Commission State of Montana ) County of Gallatin : ss. City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a newspaper I of general circulation printed and published in said City, in the issues dated the 20th and 27th days of June and the 2nd and 9th days of July 1986, and due proof of such publication is on file in my office. I N WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 5th day of August 1986. Clerk of the City Commission COMMISSION RESOLUTION NO. 2609