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HomeMy WebLinkAboutGeneral Obligation Refunding Bonds, Series 2012 Signature and No-Litigation Certificate $3,080,000 General Obligation Refunding Bonds, Series 2012 City of Bozeman, Montana SIGNATURE AND NO-LITIGATION CERTIFICATE We, Sean Becker, Anna Rosenberry, and Stacy Ulmen, hereby certify that we are on the date hereof the duly qualified and acting Mayor, Finance Director and City Clerk, respectively, of the City of Bozeman, Montana (the "City"), and, on behalf of the City, certify that: 1. True and correct facsimiles of the signatures of the Mayor, Finance Director/Treasurer and the City Clerk have been affixed to $3,080,000 General Obligation Refunding Bonds, Series 2012, of the City, dated, as originally issued, as of June 14, 2012 (the "Bonds"). The Bonds mature on the dates, bear interest at the rates and are substantially in the form, prescribed by a resolution duly adopted by the City Council of the City on June 4, 2012, entitled "Resolution Relating to $3,080,000 General Obligation Refunding Bonds, Series 2012; Determining the Form and Details, Authorizing the Execution and Delivery and Levying Taxes for the Payment Thereof' (the "Resolution"). The Resolution is in full force and effect in the form in which it was adopted. We have delivered the Bonds to Wells Fargo Bank,National Association, in Denver, Colorado, as Registrar, which has authenticated and delivered the Bonds to The Depository Trust Company, in New York, New York, on behalf of D.A. Davidson & Co., of Great Falls, Montana (the "Purchaser"). The Bonds are in fully registered form pursuant to a system of registration established by the Resolution. 2. The Bonds have been in all respects duly executed for delivery pursuant to authority conferred upon such officers; no obligations other than those described above have been issued pursuant to such authority; none of the proceedings or records that has been certified to the Purchaser or to the attorneys approving the legality of the issuance of the Bonds has been in any manner repealed, amended or changed except as shown by additional proceedings or records furnished each of them; and there has been no material adverse change in the financial condition of the City or the circumstances affecting the Bonds, except as shown by the materials so furnished. 3. No litigation is now pending, or, to the best of our knowledge, threatened (i) restraining or enjoining the issuance or delivery of the Bonds, (ii) questioning the organization of the City or the right of any officers of the City to their respective offices, (iii) questioning the right and power of officers of the City to deliver the Bonds, (iv) challenging the validity of the election authorizing the issuance of the General Obligation Bonds, Series 2001A (the "Series 2001A Bonds"), the General Obligation Bonds, Series 2003A (the "Series 2003A Bonds"), or the General Obligation Bonds, Series 1995, which were refunded by the General Obligation Refunding Bonds, Series 2003B (the "Series 2003B Bond"), or (v) questioning the levy of any ad valorem taxes to pay the principal of or interest on the Bonds, the Series 2001A Bonds, the Series 2003A Bonds, or the Series 2003B Bonds. 4. We have reviewed the Official Statement, dated May 31, 2012, relating to the Bonds, and, to the best of our knowledge, the Official Statement did not, as of the date thereof, and does not, as of the date hereof, contain any misstatement of a material fact or omit to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances under which they are made; provided that we make rio comment regarding information provided by the Purchaser for inclusion in the Official Statement relating to the Purchaser and the reoffering prices of the Bonds. WITNESS our hands and seal as of this 14th day of June, 2012. CITY OF BOZEMAN, MONTANA By ayor And . - �,�, Fina ee Direct Url . • 3 .'��. And �l • • • • ��a City le rIN C© -2-