Loading...
HomeMy WebLinkAboutResolution 4566 General Obligation Bonds RESOLUTION NO. y56Le RESOLUTION RELATING TO UP TO $5,100,000 GENERAL OBLIGATION BONDS; AUTHORIZING THE ISSUANCE AND PRIVATE NEGOTIATED SALE THEREOF BE IT RESOLVED by the City Commission (the "Commission")of the City of Bozeman, Montana (the"City"), as follows: Section 1. Recitals. The electors of the City at an election duly called, noticed and held on November 6, 2012, authorized this Commission to issue and sell general obligation bonds of the City in the aggregate principal amount of up to$15,000,000 for the purpose of paying the costs of designing,constructing or equipping on open-space lands trails,parks and natural areas or multi-use recreational fields and facilities, or employing such lands in the preservation or enhancement of water quality, and acquiring rights to or interests in or improving open-space lands in or near the City(such as lands for trails in and around the Bridger Mountain foothills), to include necessary or related infrastructure for the use, enjoyment,or functioning of such lands or facilities and the operation,maintenance,repair, management, or planning of such lands or facilities; and paying costs associated with the sale and issuance of the bonds(the "Project"). The City has determined at this time to issue and sell general obligation bonds of the City(the"Series 2014 Bonds")to finance a portion of the costs of the Project. The City previously issued its$9,900,000 General Obligation Bonds, Series 2013 to pay a portion of the costs of the Project. The indebtedness to be evidenced by the Series 2014 Bonds and all other indebtedness of the City does not exceed the limitation set forth in Section 7-7-4201, M.C.A. Section 2. Sale of Series 2014 Bonds: Bond Purchase Agreement. Pursuant to Montana Code Annotated, Sections 7-7-4254 and 17-5-107,this Commission hereby determines that it would be in the best interests of the City to sell the Series 2014 Bonds through a negotiated sale. D.A. Davidson &Co.,headquartered in Great Falls,Montana (the"Purchaser"), will serve as underwriter of the Series 2014 Bonds. The Series 2014 Bonds shall be sold on terms and at a purchase price within the following limitations: (1) underwriter's discount shall not exceed 0.80%of the principal amount of the Series 2014 Bonds, exclusive of original issue premium or discount; (2) the aggregate principal amount of the Series 2014 Bonds shall not exceed $5,100,000; (3) the true interest cost(TIC)of the Series 2014 Bonds shall not exceed 4.50% per annum; (4) the Series 2014 Bonds shall be subject to redemption on a date that is not later than one-half their term; and (5) the term of the Series 2014 Bonds shall not exceed twenty(20)years. All costs of issuing the Series 2014 Bonds (including, without limitation, underwriter's compensation,the fees and expenses of bond counsel,the fees of the Paying Agent and Registrar, rating agency fees and related costs, the Preliminary and final Official Statement costs, Depository Trust Company fees, CUSIP costs,the costs of printing the Series 2014 Bonds,and miscellaneous expenses, if any) shall be paid by the City from proceeds of the Bonds. The City Manager,the Administrative Services Director, and a member of the Commission designated by the Commission are hereby authorized and directed to approve the principal amounts, purchase price, maturity dates, basic and additional interest rates, original issue discount and premium, and conditions pertaining to the purchase and sale of the Series 2014 Bonds, subject to the limitations contained above in this Section 2. Upon approving such terms,the City Manager, the Administrative Services Director, and the designated member of the Commission are hereby authorized and directed to approve, execute and deliver a bond purchase agreement or bond purchase agreements (the"Bond Purchase Agreement"), containing the agreement of the City to sell, and the agreement of the Purchaser to purchase,the Series 2014 Bonds on the terms so approved, and containing such other provisions as such officers shall deem necessary and appropriate. In the event of the absence or disability of any of the City Manager,the Administrative Services Director, or designated member of the Commission, another member of this Commission shall make such approvals and execute and deliver the Bond Purchase Agreement. The execution and delivery by not less than two appropriate officers of the City of the Bond Purchase Agreement shall be conclusive as to the approval of such officers of the terms of the Series 2014 Bonds and the agreement of the City to sell the Series 2014 Bonds on such terms in accordance with the provisions thereof. Section 3. Form. The form of the Series 2014 Bonds and the security therefor shall be prescribed by a subsequent resolution to be adopted by this Commission. Section 4. Preliminary Official Statement. The City Manager,the Administrative Services Director, and a designated member of the Commission, and other officers of the City, in cooperation with D.A. Davidson & Co.,as underwriter,and Dorsey& Whitney LLP, as Bond Counsel, are hereby authorized and directed to prepare a Preliminary Official Statement to be distributed by the Purchaser to potential purchasers of the Series 2014 Bonds. Each of the City Manager,the Administrative Services Director, and the designated member of the Commission (or in the event of the absence or disability of any of the City Manager,the Administrative Services Director, or such member of the Commission, another member of this Commission) is hereby authorized and directed on behalf of the City to approve the Preliminary Official Statement,and to deem it a near"final"official statement as of its date in accordance with Rule 15c2-12(b)(1)promulgated by the Securities and Exchange Commission under the Securities and Exchange Act of 1934, and to authorize the dissemination of the Preliminary Official Statement. 2 Adopted: October 13, 2014. CITY OF BOZEMAN,MONTANA Maya-�' A 4>~• rrr V °• City r • Co. Approved as to fionyx Ci torney 3 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of City of Bozeman. Montana(the "City"). hereby certify that attached hereto is a true copy of Resolution No. entitled: "RESOLUTION RELATING TO UP TO $5.100,000 GENERAL OBLIGATION BONDS: AUTHORIZING THE ISSUANCE AND PRIVATE NEGOTIATED SALE THEREOF'(the"Resolution"), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on October 13,2014,which meeting was duly held and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. i further certify that, upon vote being taken on the Resolution at said meeting.the following Commissioners voted in favor thereof: ;voted against the same: abstained from voting thereon: IMI or were absent: M� WITNESS my hand officially this day of October.2014. 0F. . , � • . �1F .• it!Vff s City T3. ✓ r Q