HomeMy WebLinkAboutCouncil Workshop Packet 03.17.2020
AGENDA
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, MARCH 17, 2020
6:30 PM
CITY COUNCIL CHAMBERS
Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The
duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the
Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item
that is on tonight’s agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the
public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes.
Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your
comments until the public hearing. At the public hearing, the City Council will establish an official record that will inclu de
all of your comments, testimony and written evidence. The City Council will base its decision on the record created during
the public hearing. Any comments provided tonight will not be included in the record or considered by the City Council.
General Items
Executive Review
1. Resolution - Resolution Relating To $3,055,000 Tax Increment Urban Renewal Revenue Bond
(Laurel Urban Renewal District), Series 2020; Authorizing The Sale And Prescribing The
Forms And Terms Thereof And The Security Therefor
2. Resolution - Intent to abandon alley
3. Resolution - DOJ Task Order for Riverside Park Campground
4. Resolution - Pavement Maintenance 2020 - Notice of Award
Council Issues
5. Update on Ambulance Levy
6. Update on West Railroad
Other Items
Review of Draft Council Agendas
Attendance at Upcoming Council Meeting
Announcements
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s O ffice to make needed
arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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Item Attachment Documents:
1. Resolution - Resolution Relating To $3,055,000 Tax Increment Urban Renewal Revenue Bond
(Laurel Urban Renewal District), Series 2020; Authorizing The Sale And Prescribing The
Forms And Terms Thereof And The Security Therefor
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DRAFT 03/12/2020
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Laurel, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. _______, entitled: “RESOLUTION RELATING TO $3,055,000 TAX
INCREMENT URBAN RENEWAL REVENUE BOND (LAUREL URBAN RENEWAL
DISTRICT), SERIES 2020; AUTHORIZING THE SALE AND PRESCRIBING THE FORMS
AND TERMS THEREOF AND THE SECURITY THEREFOR” (the “Resolution”), on file in
the original records of the City in my legal custody; that the Resolution was duly adopted by the
City Council of the City at a meeting on March 24, 2020, and that the meeting was duly held by
the City Council 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 Council members voted in favor thereof:
________________________________________________
____________________________________________________________________________;
voted against the same: __________________________________________; abstained from
voting thereon: ______________________________________________________; or were
absent: ___________________________________________________________.
WITNESS my hand and seal officially this 24th day of March, 2020.
City Clerk-Treasurer
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TABLE OF CONTENTS
[Not a part of the Resolution; for convenience of reference only.]
Page
SECTION 1. DEFINITIONS, AUTHORIZATIONS AND FINDINGS ........................................1
1.01. Definitions.........................................................................................................................1
1.02. Rules of Construction .......................................................................................................5
1.03. Authorization ....................................................................................................................5
1.04. Prior City Actions .............................................................................................................6
1.05. Estimated Costs of the 2020 Project .................................................................................6
1.06. Available Tax Increment ...................................................................................................6
1.07. Findings and Determinations ............................................................................................6
1.08. Authorization and Sale of Series 2020 Bond ....................................................................7
1.09. Findings and Determinations ............................................................................................7
SECTION 2. THE BONDS .............................................................................................................7
2.01. General Title .....................................................................................................................7
2.02. General Limitations; Issuable in Series ............................................................................7
2.03. Terms of a Particular Series ..............................................................................................8
2.04. Form and Denominations ..................................................................................................8
2.05. Execution and Delivery.....................................................................................................8
SECTION 3. THE SERIES 2020 BOND ........................................................................................9
3.01. Payment Terms .................................................................................................................9
3.02. Record Dates .....................................................................................................................9
3.03. System of Registration ......................................................................................................9
3.04. Initial Bond Registrar ......................................................................................................10
3.05. Optional Prepayment and Redemption ...........................................................................11
3.06. Execution and Delivery of Series 2020 Bond .................................................................11
3.07. Form of Series 2020 Bond ..............................................................................................11
3.08. Transcript Certification ...................................................................................................11
3.09. Application of Bond Proceeds ........................................................................................11
SECTION 4. ADDITIONAL BONDS ..........................................................................................11
4.01. General Provisions ..........................................................................................................11
4.02. Additional Bonds To Pay the Cost of Projects ...............................................................12
4.03. Additional Bonds for Refunding Purposes .....................................................................13
4.04. Subordinate Obligations ..................................................................................................14
SECTION 5. THE TAX INCREMENT ACCOUNTS ..................................................................14
5.01. Bond Proceeds and Tax Increment Pledged and Appropriated ......................................14
5.02. Tax Increment Receipts ..................................................................................................14
5.03. Construction Account .....................................................................................................15
5.04. Bond Account .................................................................................................................15
5.05. Tax Increment Development Account ............................................................................16
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5.06. Investments .....................................................................................................................16
SECTION 6. TAX COVENANTS AND CERTIFICATIONS .....................................................17
6.01. Security for the Series 2020 Bond ..................................................................................17
6.02. General Covenant............................................................................................................17
6.03. Arbitrage Certification ....................................................................................................17
6.04. Arbitrage Rebate Exemption...........................................................................................17
6.05. Information Reporting ....................................................................................................18
6.06. “Qualified Tax-Exempt Obligation.” ..............................................................................18
SECTION 7. OTHER COVENANTS OF CITY ...........................................................................18
7.01. Punctual Payment............................................................................................................18
7.02. Accumulation of Claims of Interest ................................................................................19
7.03. Against Encumbrances....................................................................................................19
7.04. Books and Accounts; Financial Statements ....................................................................19
7.05. Further Assurances..........................................................................................................19
7.06. Amendment of Ordinance ...............................................................................................19
7.07. Increase in Base Taxable Value ......................................................................................19
7.08. Pledge of Replacement Revenues ...................................................................................19
7.09. Owners’ Rights ...............................................................................................................20
SECTION 8. SUPPLEMENTAL RESOLUTIONS ......................................................................20
8.01. General ............................................................................................................................20
8.02. Consent of Owners ..........................................................................................................20
8.03. Notice ..............................................................................................................................21
8.04. Manner of Consent ..........................................................................................................21
SECTION 9. DEFEASANCE OR DISCHARGE .........................................................................21
9.01. General ............................................................................................................................21
9.02. Maturity...........................................................................................................................21
9.03. Redemption .....................................................................................................................22
9.04. Escrow.............................................................................................................................22
SECTION 10. REPEALS AND EFFECTIVE DATE ...................................................................22
10.01. Repeal ...........................................................................................................................22
10.02. Effective Date ...............................................................................................................22
Exhibit A——Form of Series 2020 Bond .................................................................................. A-1
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RESOLUTION NO. _______
RESOLUTION RELATING TO $3,055,000 TAX INCREMENT URBAN RENEWAL
REVENUE BOND (LAUREL URBAN RENEWAL DISTRICT), SERIES 2020;
AUTHORIZING THE SALE AND PRESCRIBING THE FORMS AND TERMS
THEREOF AND THE SECURITY THEREFOR
BE IT RESOLVED by the City Council (the “Council”) of the City of Laurel, Montana
(the “City”), as follows:
Section 1. Definitions, Authorizations and Findings.
1.01. Definitions. The terms defined in this Section 1.01 shall for all purposes of this
Resolution have the meanings herein specified, unless the context clearly otherwise requires:
Accountant means a Person engaged in the practice of accounting as a certified public
accountant, whether or not employed by the City.
Act means Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended or
supplemented.
Additional Bonds means any Bonds issued pursuant to Sections 4.01 through 4.03.
Bond Account means the account so designated in the Tax Increment Debt Service
Account.
Bond Counsel means any firm of nationally recognized bond counsel experienced in
matters relating to tax-exempt financing, selected by the City.
Bond Register means the register maintained for the purpose of registering the
ownership, transfer and exchange of the Bonds of any series.
Bonds means the Series 2020 Bond and any Additional Bonds.
Business Day means, with respect to the Bonds of any series, any day other than a
Saturday, Sunday or other day on which the Registrar for such series of Bonds is not open for
business.
City means the City of Laurel, Montana, or its successors.
Code means the Internal Revenue Code of 1986, as amended.
Construction Account means the account so designated in the Tax Increment Capital
Project Account.
Council means the City Council of the City or any successor governing body thereof.
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Defeasance Obligations means obligations for payment of the principal of and interest on
which the United States has pledged its full faith and credit and which are not subject to
redemption or prepayment other than at the option of the holder thereof.
District means the Laurel Urban Renewal District, created and established pursuant to the
Act and the Ordinance, as such district may be enlarged or reduced in accordance with the Act
and this Resolution.
Fiscal Year means the period commencing on the first day of July of any year and ending
on the last day of June of the next calendar year, or any other twelve-month period authorized by
law and specified by this Council as the City’s Fiscal Year.
Independent means, when used with respect to any specified Person, such a Person who
(i) is in fact independent; (ii) does not have any direct financial interest or any material indirect
financial interest in the City, other than the payment to be received under a contract for services
to be performed by such Person; and (iii) is not connected with the City as an officer, employee,
promoter, trustee, partner, director, underwriter or person performing similar functions.
Whenever it is herein provided that any Independent Person’s opinion or certificate shall be
furnished, such Person shall be appointed by the City and such opinion or certificate shall state
that the signer has read this definition and that the signer is Independent within the meaning
hereof.
Interest Account means the subaccount so designated in the Bond Account.
Interest Payment Date means, with regard to any Installment Payment Bond, a Payment
Date of an installment of interest on any of such Bonds and with regard to any Bond that is a
Term Bond or Serial Bond, the Stated Maturity of an installment of interest on any of such
Bonds.
Installment Payment Bond means a Bond that is neither a Serial Bond nor a Term Bond
that is payable in installments of principal and interest.
Ordinance means Ordinance No. 007-11, adopted by the Council on November 20, 2007,
as amended by Ordinance Nos. 008-09, 09-04 and 012-01, adopted by the Council on October
21, 2008, April 21, 2009 and March 6, 2012, as such may be further amended or supplemented in
accordance with the Act and this Resolution.
Original Purchaser means, with respect to any series of Bonds, the Person who purchases
such series of Bonds from the City when first issued. The Original Purchaser of the Series 2020
Bond is Western Security Bank, Division of Glacier Bank in Billings, Montana.
Outstanding means, with reference to Bonds, as of the date of determination, all Bonds
theretofore issued and delivered under this Resolution except:
(i) Bonds theretofore cancelled by the City or delivered to the City cancelled or
for cancellation;
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(ii) Bonds and portions of Bonds for whose payment or redemption money or
Defeasance Obligations (as provided in Section 9.04) shall have been theretofore
deposited in trust for the Owners of such Bonds; provided, however, that if such Bonds
are to be redeemed, notice of such redemption shall have been duly given pursuant to this
Resolution or irrevocable instructions to call such Bonds for redemption at a stated
Redemption Date shall have been given by the City; and
(iii) Bonds in exchange for or in lieu of which other Bonds shall have been issued
and delivered pursuant to this Resolution;
provided, however, that in determining whether the Owners of the requisite principal amount of
Outstanding Bonds have given any request, demand, authorization, direction, notice, consent or
waiver hereunder, Bonds owned by the City shall be disregarded and deemed not to be
Outstanding.
Owner means, with respect to any Bond, the Person in whose name such Bond is
registered in the Bond Register.
Payment Date means an Interest Payment Date or a Principal Payment Date.
Person means any individual, corporation, partnership, joint venture, limited liability
company, limited liability partnership, association, joint stock company, trust, unincorporated
organization or government or any agency or political subdivision thereof.
Plan means the City of Laurel Urban Renewal Plan adopted by the Council on November
20, 2007, including all amendments thereof adopted in accordance with the Act, the Ordinance
and this Resolution.
Principal Account means the subaccount so designated in the Bond Account.
Principal and Interest Requirements means, with respect to any Bonds and for any Fiscal
Year or other specified period, the amount required to pay the principal of and interest on such
Bonds during such Fiscal Year or other period, determined on the assumption that each Serial
Bond is to be paid on its Stated Maturity and each Term Bond is to be paid on the Sinking Fund
Payment Dates according to the mandatory redemption requirements established for such Term
Bond by the applicable section of this Resolution or any Supplemental Resolution.
Principal Payment Date means, in the case of an Installment Payment Bond, a Payment
Date on which an installment payment of principal is due; in the case of a Serial Bond, a Stated
Maturity of principal, and in the case of a Term Bond, a Sinking Fund Payment Date.
Project means the 2020 Project and any other urban renewal project undertaken under the
Act in or for the benefit of the District.
Redemption Date when used with respect to any Bond to be redeemed means the date on
which it is to be redeemed.
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Redemption Price when used with respect to any Bond to be redeemed means the price at
which it is to be redeemed.
Registrar means the Person, if any, appointed by the City to act as bond registrar, transfer
agent and paying agent for a series of Bonds. With respect to the Series 2020 Bond, the
Registrar shall be appointed as set forth in Section 3.04.
Serial Bonds means Bonds which are not Term Bonds.
Series 2020 Bond means the City’s Tax Increment Urban Renewal Revenue Bond
(Laurel Urban Renewal District), Series 2020, issued in the original aggregate principal amount
of $3,055,000.
Sinking Fund Payment Date means a date set forth in any applicable provision of a
Supplemental Resolution for the making of a mandatory principal payment for the redemption of
a Term Bond.
State means the State of Montana.
Stated Maturity when used with respect to any Serial Bond or Term Bond, means.
Subordinate Obligations means any bonds, notes or obligations of the City issued on a
subordinate basis to the Bonds as to the Tax Increment pursuant to Section 4.04.
Supplemental Resolution means any resolution supplemental to this Resolution adopted
pursuant to Section 8.
Tax Increment means the amount received by the City pursuant to the Act from the
extension of levies of Taxes (expressed in mills) against the incremental taxable value (as
defined in the Act) of all Taxable Property, and shall include entitlement share and
reimbursement amounts received from the State with respect to property in the District,
payments in lieu of Taxes attributable to the incremental taxable value and all payments received
by the City designated as replacement revenues for lost Tax Increment, as provided in Section
7.08.
Tax Increment Capital Project Account means the account so designated in the Tax
Increment Accounts.
Tax Increment Debt Service Account means the account so designated in the Tax
Increment Accounts.
Tax Increment Development Account means the account so designated in the Tax
Increment Accounts.
Tax Increment Accounts means the accounts established pursuant to Section 5.
Taxable Property means all real and personal property located in the District and subject
to Taxes, including land, improvements and equipment.
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Taxes means all taxes levied on an ad valorem basis by any Taxing Body against the
Taxable Property (exclusive of the six mill levy for university purposes levied by the State), and
shall include all payments in lieu of taxes received by the City with respect to Taxable Property.
Taxing Body means the City; Yellowstone County, Montana; Laurel Elementary School
District No. 7-70, Yellowstone County, Montana; Laurel High School District No. 7,
Yellowstone County, Montana; the State; and any other political subdivision or governmental
unit which may hereafter levy Taxes against property within the District.
Term Bond means any Bond for the payment of the principal of which mandatory
payments are required by this Resolution or Supplemental Resolution to be made at times and in
amounts sufficient to redeem all or a portion of such Bond prior to its Stated Maturity.
2020 Project shall have the meaning set forth in Section 1.04.
1.02. Rules of Construction. Unless the context otherwise requires or except as
otherwise expressly provided:
(a) All references in this Resolution to designated sections and other
subdivisions are to the designated sections and other subdivisions of this Resolution as
originally adopted.
(b) The words “herein,” “hereof” and “hereunder” and other words of similar
import without reference to any particular section or subdivision refer to this Resolution
as a whole and not to any particular section or other subdivision unless the context clearly
indicates otherwise.
(c) The terms defined in this Resolution include the plural as well as the
singular.
(d) All accounting terms not otherwise defined herein have the meanings
assigned to them in accordance with generally accepted accounting principles applicable
to governmental entities.
(e) All computations provided herein shall be made in accordance with
generally accepted accounting principles applicable to governmental entities consistently
applied.
(f) “Or” is not intended to be exclusive, but is intended to contemplate or
encompass one or more or all of the terms or alternatives conjoined.
1.03. Authorization. Under the Act, the City is authorized to create urban renewal areas,
prepare and adopt an urban renewal plan therefor and amendments thereto, undertake urban
renewal projects therein, provide for the segregation and collection of tax increment with respect
to property taxes collected in such areas, issue its bonds to pay the costs of such projects and to
refund bonds previously issued under the Act and pledge to the repayment of the bonds the tax
increment and other revenues derived from projects undertaken within the urban renewal area.
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1.04. Prior City Actions. In accordance with the Act, the City determined that blighted
property is located within the District, and that the rehabilitation, redevelopment or a
combination thereof is necessary for the public health, safety, morals or welfare of the residents
of the City, and the Council created the District and adopted the Plan which provides for the
segregation and collection of tax increment with respect to the District. The District and the Plan
have been duly and validly created and adopted in strict accordance with applicable provisions of
the Act and are in full force and effect.
As set forth in the Plan, tax increment financing is to be used to further the goals and
objectives in the Plan, which include improving the pedestrian environment by adding well-
designed streetscape and sidewalks and having state of the art, updated utilities and
infrastructure.
As authorized by the Plan and pursuant to Resolution No. R20-06, adopted February 11,
2020, following a duly noticed public hearing, this Council determined to undertake an urban
renewal project in the District, consisting of design, engineering and construction of various
public infrastructure improvements within the District, generally consisting of reconstruction of
Washington, Idaho and Ohio Avenues, East First and East Fourth Streets, generally bound by
Wyoming and Alder Avenues, Main and East Fourth Streets, including sidewalks, curb and
gutter, pedestrian ramps, driveway approaches and new asphalt pavement; replacement of
existing water mains, including valves, fittings, fire hydrants and other appurtenances;
replacement of existing sanitary sewer main; installation of a new storm drain system, including
inlets, manholes and appurtenances; and related improvements (collectively, the “2020 Project”)
and declared its intention to issue tax increment bonds payable from Tax Increment for the
purpose of financing all or a portion of the costs of the 2020 Project.
1.05. Estimated Costs of the 2020 Project. The total cost of the 2020 Project is estimated
as follows:
Construction Costs $2,487,572.50
Contingency 252,427.50
Engineering 315,000.00
Total $3,055,000.00
Costs of the 2020 Project in excess of the proceeds of the Series 2020 Bond, including
costs of issuance of the Series 2020 Bond, will be payable from funds the City has on hand and
available therefor.
1.06. Available Tax Increment. The City received Tax Increment of $771,922 in Fiscal
Year 2019 and expects to receive Tax Increment of approximately $771,922 in Fiscal Year 2020
and thereafter. The maximum Principal and Interest Requirements on the Series 2020 Bond is
$180,239.12. Accordingly, Council hereby finds and determines that the estimated Tax
Increment to be received by the City will be sufficient to pay the maximum Principal and Interest
Requirements on the Series 2020 Bond.
1.07. Findings and Determinations. It is hereby found, determined and declared by this
Council as follows:
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(a) no persons will be displaced from their housing by the 2020 Project;
(b) the Plan and the 2020 Project conform to the comprehensive plan or parts
thereof of the City as a whole;
(c) the Plan and the 2020 Project will afford maximum opportunity, consistent
with the needs of the City as a whole, for the rehabilitation or redevelopment in the
District by private enterprise;
(d) a sound and adequate financial program will exist for the financing of the
2020 Project, which program includes the City’s use of Series 2020 Bond proceeds;
(e) the 2020 Project is in the best interests of the City;
(f) the 2020 Project is authorized under the Plan and constitutes an urban renewal
project within the meaning of the Act;
(g) the estimated Tax Increment to be received by the City, as set forth in Section
1.06, and pledged to the payment of the Series 2020 Bond will be sufficient to pay the
principal thereof and interest thereon when due; and
(h) it is in the best interests of the City to issue and sell the Series 2020 Bond to
finance the costs of the 2020 Project as provided in this Resolution.
1.08. Authorization and Sale of Series 2020 Bond. This Council hereby determines that
it would be in the best interests of the City to sell its Tax Increment Urban Renewal Revenue
Bond (Laurel Urban Renewal District), Series 2020 (the “Series 2020 Bond”), in a negotiated
sale to Western Security Bank, a division of Glacier Bank (the “Original Purchaser”), as
authorized by Section 7-15-4301(1)(a) of the Act. Proceeds of the Series 2020 Bond shall be
used to pay costs of the 2020 Project as set forth in Section 1.05. The Original Purchaser has
agreed to purchase the Series 2020 Bond at the purchase price of $3,055,000, subject to the terms
and conditions hereof.
1.09. Findings and Determinations. All acts, conditions and things required by the
Constitution and laws of the State, including the Act, in order to pledge the Tax Increment to the
payment of the Bonds, to make the Series 2020 Bond valid and binding special, limited
obligations of the City in accordance with their terms and in accordance with the terms of this
Resolution have been done, do exist, have happened and have been performed in regular and due
form, time and manner as so required.
Section 2. The BondsGeneral Title. The general title of the Bonds of all series shall be
“Tax Increment Urban Renewal Revenue Bonds (Laurel Urban Renewal District),” with
appropriate additions for refunding Bonds and to distinguish Bonds of each series from Bonds of
other series.
2.02. General Limitations; Issuable in Series. The aggregate principal amount of Bonds
that may be authenticated and delivered and Outstanding under this Resolution is not limited,
except as provided in Section 4 and except as may be limited by law.
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The Bonds may be issued in series as from time to time authorized by the City.
The Bonds are special, limited obligations of the City. The Bonds are not general
obligations of the City and neither the general credit nor the taxing power of the City,
Yellowstone County or the State is pledged to the payment of the Bonds or the interest thereon.
Principal of, premium, if any, and interest on the Bonds (except to the extent expressly payable
out of proceeds of the Bonds) are payable solely from the Tax Increment or other sources which
may be pledged to the payment of any series of Bonds. Yellowstone County and the State shall
in no event be liable for the payment of the principal of, premium, if any, or interest on the
Bonds or the performance of any pledge of any kind whatsoever that may be undertaken by the
City with respect thereto. Neither the Bonds nor any of the agreements or obligations of the City
contained herein or therein shall be construed to constitute an indebtedness of the City,
Yellowstone County or the State within the meaning of any constitutional or statutory provisions
whatsoever.
If any Payment Date or Redemption Date shall be on a day which is not a Business Day,
then payment of principal of, premium, if any, or interest due on such day may be made on the
next succeeding Business Day, with the same force and effect as if made on such Payment Date
or Redemption Date (whether or not such next succeeding Business Day occurs in a succeeding
month), and no interest shall accrue for the intervening period.
2.03. Terms of a Particular Series. Each series of Bonds (except the Series 2020 Bond,
which is created by Section 3) shall be created by a Supplemental Resolution and pursuant to
Section 4. The City may, at the time of the creation of any series of Bonds or at any time
thereafter make, and the Bonds of that series may also contain, provision for a sinking,
amortization, improvement or other analogous fund. All Bonds of the same series shall be
substantially identical except as to denomination and the differences specified herein or in a
Supplemental Resolution between interest rates, Stated Maturities and redemption provisions.
2.04. Form and Denominations. The form of the Bonds (other than the Series 2020
Bond, as to which specific provision is made in Section 3) shall be established by the
Supplemental Resolution creating such series.
The Bonds of any series shall be issuable as fully registered Bonds, in such
denominations as shall be provided in the Supplemental Resolution creating such series (other
than the Series 2020 Bond, as to which specific provision is made in Section 3).
2.05. Execution and Delivery. Each Bond shall be executed on behalf of the City by the
officials of the City specified in a Supplemental Resolution (other than the Series 2020 Bond, as
to which specific provision is made in Section 3). The signature of any official may be
facsimile, if permitted by applicable law. Bonds bearing the manual or facsimile signatures of
individuals who were at any time the proper officials of the City shall bind the City,
notwithstanding that such individuals or any of them have ceased to hold such offices prior to the
delivery of such Bonds or did not hold such offices at the date of such Bonds.
At any time and from time to time, the City may deliver Bonds executed by the proper
officers of the City to the Registrar for authentication, and the Registrar shall authenticate and
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deliver such Bonds as specified in a Supplemental Resolution (other than the Series 2020 Bond,
as to which specific provision is made in Section 3).
Section 3. The Series 2020 Bond.
3.01. Payment Terms. The Series 2020 Bond shall be issued in the maximum principal
amount of $3,055,000, shall be dated, as originally issued, and be registered as of its date of
delivery and shall be issued as a single, fully registered bond. Principal of the Series 2020 Bond,
together with interest thereon at the rate of 3.38% per annum, shall be payable in semi-annual
installments of principal and interest due on each January 1 and July 1 (each, a Payment Date),
commencing July 1, 2020 and concluding January 1, 2045, unless earlier prepaid or redeemed, in
the amounts and on the respective dates set forth in Schedule I to the form of the Series 2020
Bond. Interest on the Series 2020 Bond shall be calculated on the basis of a 360-day year
composed of twelve 30-day months. The Series 2020 Bond is an Installment Payment Bond.
3.02. Record Dates. Principal and interest on the Series 2020 Bond shall be payable to
the Owner of record thereof as such appears on the Bond Register as of the close of business on
the fifteenth day of the month immediately preceding each Payment Date, whether or not such
day is a business day.
3.03. System of Registration. The City shall appoint, and shall maintain, a Registrar for
the Series 2020 Bond. This Section 3.03 shall establish a system of registration for the Series
2020 Bond as defined in the Model Public Obligations Registration Act of Montana, Montana
Code Annotated, Title 17, Chapter 5, Part 11, as amended (the “Registration Act”). The effect of
registration and the rights and duties of the City and the Registrar with respect thereto shall be as
follows:
(a) Bond Register. The Registrar shall keep at its principal office a Bond
Register in which the Registrar shall provide for the registration of ownership of Series
2020 Bond and the registration of transfers and exchanges thereof.
(b) Transfer. Upon surrender for transfer of the Series 2020 Bond duly endorsed
by the registered owner thereof or accompanied by a written instrument of transfer, in
form satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated transferee or transferees, a new
Series 2020 Bond of the same series and a like aggregate principal amount, interest rate
and payment schedule or maturity as requested by the transferor. The Registrar may,
however, close the books for registration of the transfer of any Series 2020 Bond or
portion thereof selected or called for redemption.
(c) Exchange. Whenever the Series 2020 Bond is surrendered by the registered
owner for exchange, the Registrar shall authenticate and deliver a new Series 2020 Bond
of the same series and a like aggregate principal amount, interest rate and payment
schedule or maturity, as requested by the registered owner or the owner’s attorney in
writing.
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(d) Cancellation. The Series 2020 Bond surrendered upon any transfer or
exchange shall be promptly cancelled by the Registrar and thereafter disposed of.
(e) Improper or Unauthorized Transfer. When the Series 2020 Bond is presented
to the Registrar for transfer, the Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Series 2020 Bond or separate instrument of
transfer is legally authorized. The Registrar shall incur no liability for the refusal, in
good faith, to make transfers which it, in its judgment, deems improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name the Series 2020 Bond is at any time registered in the Bond Register as the
absolute Owner of such Series 2020 Bond, whether such Series 2020 Bond shall be
overdue or not, for the purpose of receiving payment of, or on account of, the principal
of, premium, if any, and interest on such Series 2020 Bond and for all other purposes, and
all such payments so made to any such registered Owner or upon the Owner’s order shall
be valid and effectual to satisfy and discharge the liability of the City upon such Series
2020 Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of the Series 2020
Bond (except upon a partial redemption of the Series 2020 Bond pursuant to Section
3.05), the Registrar may impose a charge upon the owner thereof sufficient to reimburse
the Registrar for any tax, fee or other governmental charge required to be paid with
respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Series 2020 Bond. In case the Series
2020 Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall
deliver a new Series 2020 Bond of like amount, number, maturity date and tenor in
exchange and substitution for and upon cancellation of such mutilated Series 2020 Bond
or in lieu of and in substitution for such Series 2020 Bond lost, stolen or destroyed, upon
the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Series 2020 Bond lost, stolen or destroyed, upon filing
with the Registrar of evidence satisfactory to it that such Series 2020 Bond was lost,
stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of
an appropriate bond or indemnity in form, substance and amount satisfactory to it, in
which both the City and the Registrar shall be named as obligees. The Series 2020 Bond
so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation
shall be given to the City. If the mutilated, lost, stolen or destroyed Series 2020 Bond has
already matured or such Series 2020 Bond has been called for redemption in accordance
with its terms, it shall not be necessary to issue a new Series 2020 Bond prior to payment.
3.04. Initial Bond Registrar. The City hereby appoints the City Clerk-Treasurer as the
initial Registrar for the Series 2020 Bond. The City reserves the right to appoint a bank, trust
company or financial institution as successor registrar, transfer agent or paying agent, as
authorized by the Registration Act, and the City agrees to pay the reasonable and customary
charges of the Registrar for the services performed.
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3.05. Optional Prepayment and Redemption. The Series 2020 Bond is subject to
prepayment and redemption at the option of the City on April 15, 2030 and any date thereafter,
with 30 days’ prior written notice to the registered owner of the Series 2020 Bond, in whole or in
part, at a price of the principal amount being prepaid and redeemed plus interest thereon through
the date of prepayment or redemption, without premium or penalty. Following each prepayment,
the registered owner of the Series 2020 Bond will reamortize the debt service over the then-
remaining term. So long as the Series 2020 Bond is held by one registered owner, upon partial
prepayment, there shall be no need to exchange a new bond for the unredeemed portion of the
existing bond; provided that, if the debt service of the Series 2020 Bond is reamortized as
provided above in this Section, the debt service schedule attached as Schedule I to the Series
2020 Bond shall be replaced by the debt service schedule reflecting the reamortization of the
principal then outstanding in substantially equal semi-annual installments of principal and
interest.
3.06. Execution and Delivery of Series 2020 Bond. The Series 2020 Bond shall be
forthwith prepared for execution under the direction of the City Clerk-Treasurer, at the expense
of the City, and shall be executed on behalf of the City and authenticated as provided in Section
2.05. When the Series 2020 Bond has been fully executed and authenticated, it shall be
delivered by the Registrar to the Original Purchaser thereof upon payment of the purchase price
in accordance with the contract of sale heretofore made and executed, and the Original Purchaser
thereof shall not be obligated to see to the application of the purchase price.
3.07. Form of Series 2020 Bond. The Series 2020 Bond shall be in substantially the
form set forth in Exhibit A hereto (which is hereby incorporated herein and made a part hereof),
with such appropriate variations, omissions and insertions as are permitted or required by the
Resolution.
3.08. Transcript Certification. The officers of the City are directed to furnish to the
Original Purchaser of the Series 2020 Bond and to Bond Counsel certified copies of all
proceedings and information in their official records relevant to the authorization, sale and
issuance of the Series 2020 Bond, and such certificates and affidavits as to other matters
appearing in their official records or otherwise known to them as may be reasonably required to
evidence the validity and security of the Series 2020 Bond, and all such certified copies,
certificates and affidavits, including any heretofore furnished, shall constitute representations and
recitals of the City as to the correctness of all facts stated therein and the completion of all
proceedings stated therein to have been taken.
3.09. Application of Bond Proceeds. The City shall deposit the proceeds of the sale of
the Series 2020 Bond in the Construction Account in the Tax Increment Capital Project Account
to be used to pay costs of the 2020 Project.
Section 4. Additional Bonds.
4.01. General Provisions. In addition to the Series 2020 Bond, whose issuance and
delivery is provided for in Section 3, Additional Bonds may at any time and from time to time be
issued, sold and delivered by the City but only upon compliance with the conditions of
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Sections 4.02 and 4.03, whichever may be applicable, and upon filing with the City Clerk-
Treasurer the following:
(i) A Supplemental Resolution authorizing the issuance of such series
of Additional Bonds and the sale thereof to the Original Purchaser or Purchasers
named therein for the purchase price set forth therein.
(ii) A certificate executed by the Mayor and the City Clerk-Treasurer
stating that upon the issuance of such series of Additional Bonds, no default
hereunder has occurred and is continuing which would not be cured upon the
issuance of such series of Additional Bonds and application of the proceeds
thereof.
Any Additional Bonds shall be dated, shall bear interest at a rate or rates not exceeding
the maximum rate, if any, permitted by law, shall have Stated Maturities, and may be subject to
redemption at such times and prices and on such terms and conditions, all as may be provided by
the Supplemental Resolution authorizing their issuance. All Additional Bonds issued pursuant to
Sections 4.02 and 4.03 shall be payable and secured ratably and equally and on a parity with the
Series 2020 Bond and any Additional Bonds theretofore issued, entitled to the same benefits and
security of this Resolution.
4.02. Additional Bonds To Pay the Cost of Projects. Additional Bonds may be issued
under this Section 4.02 subject to the conditions provided in Section 4.01 and this Section 4.02,
for the purpose of providing funds, with any other funds available and committed therefor, for
paying the cost of one or more Projects and any expenses in connection with such financing,
provided that, prior to the execution and delivery of any series of Additional Bonds under this
Section 4.02, there shall be filed with the City Clerk-Treasurer:
(i) A certificate executed by the Mayor and the City Clerk-Treasurer
stating: (A) the estimated cost of the Projects being financed thereby, including
an allowance for contingencies and all fees, expenses and financing costs, (B) the
amount, if any, which will be required to be credited to the Bond Account to pay
interest on the Additional Bonds prior to collection of sufficient Tax Increment
available therefor, (C) the amount of Tax Increment received by the City in the
last completed Fiscal Year, (D) the amount of the maximum Principal and Interest
Requirements on the Outstanding Bonds and the Additional Bonds proposed to be
issued for any future Fiscal Year during the term of the Outstanding Bonds, and
(E) that the principal amount of such Additional Bonds is sufficient to provide for
the payment of all estimated costs of Project to be financed thereby and credits to
the Bond Account as set forth above; and
(ii) a certificate executed by the Mayor and the City Clerk-Treasurer
stating that the Tax Increment received by the City in the last
completed Fiscal Year, which may in the City’s discretion be
adjusted as provided in the next sentence, was equal to at least
120% of the maximum Principal and Interest Requirements for any
future calendar year (during the term of the Outstanding Bonds)
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with respect to Outstanding Bonds and the Additional Bonds
proposed to be issued. For this purpose, the Tax Increment
received by the City in the last completed Fiscal Year may be
adjusted by adding 90% of any increase in Tax Increment which
would have resulted from applying the aggregate tax rates of the
Taxing Bodies effective for the last completed Fiscal Year to the
then-current taxable value of the District as of the date of
calculation, including any projects which have been completed or
are underway in the District, the taxable values of which, in whole
or in part, are not yet included in the actual taxable value (as
defined in the Act) of the District. Any adjustments to the Tax
Increment made in accordance with this paragraph will be based on
information supplied by developers or owners of the projects or
their representatives and in consultation with the Montana
Department of Revenue.
This Council shall approve and confirm the findings and estimates set forth in the above-
described certificates in the Supplemental Resolution authorizing the issuance of the Additional
Bonds.
4.03. Additional Bonds for Refunding Purposes. Additional Bonds may be issued under
this Section 4.03, at one time or from time to time, subject to the conditions provided in
Section 4.01 and this Section 4.03, for the purpose of providing funds, with any other funds
available and committed therefor, for paying at, or redeeming prior to, their Stated Maturities
any Outstanding Bonds, including the payment of any redemption premium thereon and interest
which will accrue on such Bonds to any Redemption Date or the Stated Maturities thereof, and
any expenses in connection with such financing. Such Additional Bonds shall be designated
substantially as the Bonds to be refunded, with the addition of the term “refunding”.
Prior to the execution and delivery of any series of Additional Bonds under this
Section 4.03, there shall be filed with the City Clerk-Treasurer:
(i) such documents as shall be required to show that provisions have
been duly made in accordance with this Resolution for the redemption of all of the
Outstanding Bonds to be refunded; and
(ii) either (a) a certificate executed by the Mayor and City Clerk-
Treasurer stating that the proceeds (excluding accrued interest but including any
premium) of the Additional Bonds plus any moneys to be withdrawn from the
Bond Account for such purpose, together with any other funds deposited for such
purpose, will be not less than an amount sufficient to pay the Redemption Price
on the Outstanding Bonds to be refunded, or (b) a report of an Independent
Accountant to the effect that from such proceeds there shall be deposited in trust,
Defeasance Obligations which do not permit the redemption thereof at the option
of the issuer, the principal of and the interest on which when due and payable (or
redeemable at the option of the holder thereof) will provide, together with any
other moneys which shall have been deposited in trust irrevocably for such
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purpose, but without reinvestment, sufficient moneys to pay such principal,
redemption premium and interest.
If Additional Bonds are issued to refund Subordinate Obligations issued pursuant to
Section 4.04, the conditions for the issuance of Additional Bonds pursuant to Section 4.02 must
be satisfied in lieu of this Section 4.03.
4.04. Subordinate Obligations. Except as provided in Sections 4.01, 4.02 and 4.03, no
bonds, notes or other evidence of indebtedness of the City will be issued under or secured by the
provisions of this Resolution and made payable from the Tax Increment Accounts, unless the
pledge and appropriation of Tax Increment for the payment and security of such bonds, notes or
other evidence of indebtedness is expressly subordinated to the pledge and appropriation made
for the benefit and security of the Series 2020 Bond and all Additional Bonds issued and to be
issued under and secured by this Resolution in accordance with Sections 4.01, 4.02 and 4.03. In
the event of the issuance of any such Subordinate Obligations, the principal, redemption
premium and interest thereon will be made payable from one or more additional accounts created
within the Tax Increment Accounts for that purpose, and the balance of funds at any time on
hand in any such accounts shall be available and shall be transferred whenever needed to meet
the current requirements of the Bond Account.
Section 5. The Tax Increment Accounts.
5.01. Bond Proceeds and Tax Increment Pledged and Appropriated. The City hereby
establishes on its books and records three accounts designated as the Tax Increment Capital
Project Account, the Tax Increment Debt Service Account and the Tax Increment Development
Account (collectively, the “Tax Increment Accounts”). The Tax Increment Accounts shall be
maintained as separate and special bookkeeping accounts on the official books and records of the
City until all Bonds have been fully paid, or the City’s obligation with reference to all Bonds has
been discharged as provided in this Resolution.
All proceeds of Bonds and all other funds hereafter received or appropriated for purposes
of the Projects are appropriated to the Tax Increment Accounts (except amounts otherwise
appropriated in a Supplemental Resolution or received from Additional Bonds issued to refund
Outstanding Bonds pursuant to Section 4.03). All Tax Increment is irrevocably pledged and
appropriated and shall be credited as received to the Tax Increment Debt Service Account.
Outstanding Bonds shall be secured by a first pledge of and lien on all of the Tax Increment and
all other moneys from time to time in the Tax Increment Accounts in the manner and to the
extent provided in this Section 5. The City shall not issue any obligation or security superior to
or on a parity with the Series 2020 Bond, payable or secured, in whole or in part, from or by the
Tax Increment other than Additional Bonds issued pursuant to Sections 4.01, 4.02 or 4.03, until
all of the Bonds have been paid or discharged as provided herein. The Tax Increment Accounts
shall be subdivided into separate accounts as designated and described in Sections 5.03 to 5.06.
5.02. Tax Increment Receipts. All Tax Increment received by the City and credited to
the Tax Increment Debt Service Account, as required in Section 5.01, shall be credited as
received as follows: (a) first, to the Interest Account, until the balance on hand in the Interest
Account is at least equal to all interest on Bonds due and payable from the Interest Account
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within the next twelve full calendar months; (b) second, after any credit to the Interest Account
required by the preceding clause, to the Principal Account, until the balance on hand in the
Principal Account is at least equal to all principal of and premium, if any, on Bonds due and
payable from the Principal Account (including amounts due and payable on a Sinking Fund
Payment Date) within the next twelve full calendar months; and (c) third, after any credit to the
Interest Account or the Principal Account required by the preceding clauses, to the Tax
Increment Development Account.
5.03. Construction Account. For each Project there shall be a separate Construction
Account within the Tax Increment Capital Project Account, to be used only to pay allowed costs
as incurred, which under accepted accounting principles are costs of the particular Project,
including but not limited to payments due for work and materials performed and delivered under
construction contracts, architectural, engineering, inspection, supervision, fiscal and legal
expenses, the cost of lands and easements, interest accruing on Bonds during the period of
construction of a Project financed thereby and for a period of time thereafter authorized by the
Act and deemed necessary by this Council, if and to the extent that amounts on hand in the
Interest Account are not sufficient for payment of such interest, reimbursement of any loans or
advances made from other City funds, and all other expenses incurred in connection with the
acquisition, construction and financing of the Project. To the Construction Account shall be
credited as received all proceeds of Bonds issued to finance such Project, except amounts
otherwise appropriated in a Supplemental Resolution or received from Additional Bonds issued
to refund Outstanding Bonds pursuant to Section 4.03 and all other funds appropriated by the
City for the Project, and all income received from the investment of the Construction Account.
Upon completion of any Project and payment of the cost thereof, the City may transfer any
money then remaining in the Construction Account for that Project to the Interest Account or the
Principal Account and used to pay or redeem Bonds or portions thereof.
5.04. Bond Account. The Bond Account is hereby established as a special account
within the Tax Increment Debt Service Account. There are hereby established within the Bond
Account two separate subaccounts, designated as the Interest Account and the Principal Account.
(a) Interest Account. There shall be credited to the Interest Account the
following amounts: (i) from the Tax Increment as received by the City, the amount
specified in clause (a) of Section 5.02; and (ii) any amount specified in any Supplemental
Resolution to be credited to the Interest Account.
On or before each Interest Payment Date, the City shall withdraw from the
Interest Account an amount sufficient to pay the interest due on the Bonds on such
Interest Payment Date, and shall use such amount to pay, or make provision with the
Registrar for the payment of, interest of the Bonds on such Interest Payment Date.
If on any Interest Payment Date the balance in the Interest Account is not
sufficient to pay the total amount of principal due on such Interest Payment Date, the City
shall transfer any money then on hand in any account established to pay a Subordinate
Obligation, the Tax Increment Development Account, the Construction Account, or the
Principal Account, in the order listed and in an amount equal to such deficiency, to the
Interest Account.
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All income derived from the investment of amounts in the Interest Account shall
be credited as received to the Interest Account.
(b) Principal Account. There shall be credited to the Principal Account the
following amounts: (i) from the Tax Increment as received by the City, the amount
specified in clause (b) of Section 5.02; and (ii) any amount specified in a Supplemental
Resolution to be credited to the Principal Account.
Amounts on hand in the Principal Account shall be used on any Interest Payment
Date to make up a deficiency in the Interest Account, if and to the extent required by the
third subparagraph of paragraph (a) of this Section 5.04.
On or before each Principal Payment Date, the City shall withdraw from the
Principal Account an amount sufficient to pay the principal due on the Bonds on such
Principal Payment Date, and shall use such amount to pay, or make provision with the
Registrar for the payment of, principal of the Bonds on such Principal Payment Date.
If on any Principal Payment Date the balance in the Principal Account is not
sufficient to pay the total amount of principal due on such Principal Payment Date, the
City shall transfer any money then on hand in any account established to pay a
Subordinate Obligation, the Tax Increment Development Account, or Construction
Account, in the order listed and in an amount equal to such deficiency, to the Principal
Account.
All income derived from the investment of amounts in the Principal Account shall
be credited as received to the Principal Account.
5.05. Tax Increment Development Account. There shall be credited to the Tax
Increment Development Account any and all Tax Increment remaining after the required credits
to the Bond Account and any investment income and other moneys in any of the accounts within
the Tax Increment Accounts in excess of the requirements of said accounts and which the City
determines in its discretion to transfer to the Tax Increment Development Account. Money from
time to time on hand in the Tax Increment Development Account shall be transferred to the Bond
Account as provided by Section 5.04 and may be used for any authorized purpose in accordance
with the Act and other applicable State law.
5.06. Investments. The City Clerk-Treasurer shall cause all moneys from time to time in
the Tax Increment Accounts to be deposited as received with one or more depository banks duly
qualified in accordance with the provisions of Montana Code Annotated, Section 7-6-201, as
amended, and shall cause the balances in such accounts, except any part thereof covered by
federal deposit insurance, to be secured by the pledge of bonds or securities of the kinds required
by law, and no money shall at any time be withdrawn from such deposit accounts except for the
purposes of the Tax Increment Accounts as defined and authorized by this Resolution. The
funds to the credit of the several accounts within the Tax Increment Accounts may be
commingled in one or more deposit accounts. The balance on hand in any of the accounts of the
Tax Increment Accounts may at any time be invested and reinvested in Qualified Investments as
provided below, maturing and bearing interest payable at the times and in the amounts estimated
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to be required to provide cash when needed for the purposes of the respective accounts. Income
from the investment of the moneys in the various accounts shall be credited thereto. Subject to
the provisions of law now or hereafter controlling investment of such funds, money on hand in
any of the accounts of the Tax Increment Accounts may be invested in any of the following
Qualified Investments, but no others:
(a) direct obligations of or obligations guaranteed by the United States of
America;
(b) bank time deposits or certificates of deposit secured by obligations and
securities described in clause (a) above; and
(c) the short-term investment pool administered by the Board of Investments
of the State or any successor investment pool created pursuant to Montana law.
Section 6. Tax Covenants and Certifications.
6.01. Security for the Series 2020 Bond. The City shall not enter into any lease, use or
other agreement or arrangement with any non-governmental Person relating to the use of the
2020 Project or security for the payment of the Series 2020 Bond which might cause the Series
2020 Bond to be considered a “private activity bond” or “private loan bond” within the meaning
of Section 141 of the Code. No “impermissible agreement” as defined in Section 1.141-
4(e)(4)(ii) of the Regulations, has been or will be entered into by the City in respect of the Tax
Increment or otherwise to secure the Series 2020 Bond.
6.02. General Covenant. The City covenants and agrees with the Owners from time to
time of the Series 2020 Bond that it will not take or permit to be taken by any of its officers,
employees or agents any action which would cause the interest on the Series 2020 Bond to
become includable in gross income for federal income tax purposes under the Code and
applicable Regulations, and covenants to take any and all actions within its powers to ensure that
the interest on the Series 2020 Bond will not become includable in gross income for federal
income tax purposes under the Code and the Regulations.
6.03. Arbitrage Certification. The Mayor and the City Clerk-Treasurer, being the
officers of the City charged with the responsibility for issuing the Series 2020 Bond pursuant to
this Resolution, are authorized and directed to execute and deliver to the Original Purchaser a
certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b)
of the Regulations, stating that on the basis of facts, estimates and circumstances in existence on
the date of issue and delivery of the Series 2020 Bond, it is reasonably expected that the proceeds
of the Series 2020 Bond will not be used in a manner that would cause the Series 2020 Bond to
be “arbitrage bonds” within the meaning of Section 148 of the Code and the Regulations.
6.04. Arbitrage Rebate Exemption.
(a) The City hereby represents that the Series 2020 Bond qualifies for the
exception for small governmental units to the arbitrage rebate provisions contained in
Section 148(f) of the Code. Specifically, the City represents:
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(i) Substantially all (not less than 95%) of the proceeds of the Series
2020 Bond (except for amounts to be applied to the payment of
costs of issuance) will be used for local governmental activities of
the City.
(ii) The aggregate face amount of all “tax-exempt bonds” (including
warrants, contracts, leases and other indebtedness, but excluding
private activity bonds) issued by or on behalf of the City and all
subordinate entities thereof during 2020 is reasonably expected not
to exceed $5,000,000. To date in 2020, the City has issued no tax-
exempt bonds, and in the calendar years 2015 through 2019, the
City issued no tax-exempt bonds except for its Special
Improvement District No. 119 Bond, Series 2019, Water System
Revenue Bond (DNRC Drinking Water State Revolving Loan
Program), Series 2018, Special Improvement District Bond
(Special Improvement District No. 118), Series 2017, Water
System Revenue Bond (DNRC Drinking Water State Revolving
Loan Program), Series 2016, and Special Improvement District
No. 117 Bond, Series 2016.
(b) If notwithstanding the provisions of paragraph (a) of this Section 6.04, the
arbitrage rebate provisions of Section 148(f) of the Code apply to the Series 2020 Bond,
the City hereby covenants and agrees to make the determinations, retain records and
rebate to the United States the amounts at the times and in the manner required by said
Section 148(f).
6.05. Information Reporting. The City shall file with the Secretary of the Treasury, not
later than August 15, 2020, a statement concerning the Series 2020 Bond containing the
information required by Section 149(e) of the Code.
6.06. “Qualified Tax-Exempt Obligation.” Pursuant to Section 265(b)(3)(B)(ii) of the
Code, the City hereby designates the Series 2020 Bond as a “qualified tax-exempt obligation” for
purposes of Section 265(b)(3) of the Code. The City has not designated any obligations in 2020
other than the Series 2020 Bond, under Section 265(b)(3). The City hereby represents that it
does not anticipate that obligations bearing interest not includable in gross income for purposes
of federal income taxation under Section 103 of the Code (including refunding obligations as
provided in Section 265(b)(3) of the Code and including “qualified 501(c)(3) bonds” but
excluding other “private activity bonds,” as defined in Sections 141(a) and 145(a) of the Code)
will be issued by or on behalf of the City and all “subordinate entities” of the City in 2020 in an
amount greater than $10,000,000.
Section 7. Other Covenants of City.
7.01. Punctual Payment. Subject to Section 2.02, the City will duly and punctually pay
or cause to be paid the principal of, premium, if any, and interest on the Bonds in accordance
with the terms of this Resolution and any applicable Supplemental Resolution and of the Bonds,
and it will faithfully observe and perform all of the conditions, covenants and requirements of
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this Resolution and all Supplemental Resolutions and of the Bonds. Nothing herein contained
shall prevent the City from making advances of its own moneys however derived to any of the
uses or purposes referred to herein, nor shall be deemed or constitute a pledge or appropriation of
funds or assets of the City other than those expressly pledged or appropriated hereby. The City
further covenants that it will promptly deposit or cause to be deposited all Tax Increment it
receives into the Tax Increment Debt Service Account, as set forth in Section 5.
7.02. Accumulation of Claims of Interest. In order to prevent any accumulation of
claims for interest after maturity, the City will not, directly or indirectly, extend or consent to the
extension of the time for the payment of any claim for interest on any of the Bonds and will not,
directly or indirectly, be a party to or approve any such arrangements by purchasing or funding
said claims for interest or in any other manner. In case any such claim for interest shall be
extended or funded, whether or not with the consent of the City, such interest so extended or
funded shall not be entitled, in case of default hereunder, to the benefits of this Resolution,
except subject to the prior payment in full of the principal of all of the Bonds then outstanding
and of all claims for interest which shall not have been so extended or funded.
7.03. Against Encumbrances. The City will not encumber, pledge or place any charge or
lien upon any of the Tax Increment superior to or on a parity with the pledge and lien herein
created for the benefit of the Bonds.
7.04. Books and Accounts; Financial Statements. The City will keep, or cause to be
kept, proper books of record and accounts, separate from all other records and accounts of the
City, in which complete and correct entries shall be made of all transactions relating to the Tax
Increment and the Tax Increment Debt Service Account and the Tax Increment Development
Account. Such books of record and accounts shall be at all times during business hours subject
to the inspection of the Owners of not less than ten percent (10%) of the principal amount of
Outstanding Bonds, or their representatives authorized in writing.
7.05. Further Assurances. The City will adopt, make, execute and deliver any and all
such further resolutions, instruments and assurances as may be reasonably necessary or proper to
carry out the intention or to facilitate the performance of this Resolution, and for the better
assuring and confirming unto the Owners of the rights and benefits provided in this Resolution.
7.06. Amendment of Ordinance. Except to authorize additional Projects, the City will
not amend or modify the Ordinance or reduce the size of the District if an effect thereof will be
to materially and adversely affect the security of the Outstanding Bonds.
7.07. Increase in Base Taxable Value. The City shall not increase the base taxable value
(as defined in the Act) of the District pursuant to Section 7-15-4287 of the Act so long as any
Bonds are Outstanding.
7.08. Pledge of Replacement Revenues. In the event the Constitution or laws of the
State are amended to abolish or substantially reduce or eliminate real or personal property
taxation and State law then or thereafter provides to the City an alternate or supplemental source
or sources of revenue specifically to replace or supplement reduced or eliminated Tax Increment,
then the City pledges, and covenants to appropriate annually, subject to the limitations of then
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applicable law, to the Bond Account from such alternate or supplemental revenues an amount
that will, with money on hand in the Bond Account, be sufficient to pay the principal of,
premium, if any, and interest on the Outstanding Bonds payable in that Fiscal Year.
7.09. Owners’ Rights. No Owner of any Bond issued and secured under the provisions
of this Resolution shall have the right to institute any proceeding, judicial or otherwise, for the
enforcement of the covenants herein contained, without the written concurrence of the Owners of
not less than 25% in aggregate principal amount of all Outstanding Bonds; but the Owners of
such aggregate principal amount of Outstanding Bonds may, either at law or in equity, by suit,
action or other proceedings, protect and enforce the rights of all Owners of Bonds and compel
the performance of any and all of the covenants required herein to be performed by the City and
its officers and employees. The Owner of a majority in aggregate principal amount of all
Outstanding Bonds shall have the right to direct the time, method and place of conducting any
proceedings for any remedy available to the Owners or the exercise of any power conferred on
them, and the right to waive a default in the performance of any such covenant, and its
consequences, except a default in the payment of the principal of or interest on any Bond when
due. Nothing herein shall impair the absolute and unconditional right of the Owner of each Bond
to receive payment of the principal of and interest on any Bond as such principal and interest
respectively become due, and to institute suit for the enforcement of any such payment. In the
event of default in any such payment, any court having jurisdiction of the action may appoint a
receiver to administer the Tax Increment Accounts and to collect and segregate and apply the
Tax Increment and other revenues pledged thereto as provided by this Resolution or any
Supplemental Resolution and the Act.
Section 8. Supplemental Resolutions.
8.01. General. Notwithstanding Section 8.02, the City reserves the right to adopt
Supplemental Resolutions to this Resolution from time to time and at any time, for the purpose
of curing any ambiguity or of curing, correcting or supplementing any defective provision
contained herein, or of making such provisions with regard to matters or questions arising
hereunder as the City may deem necessary or desirable and not inconsistent with this Resolution,
and which shall not adversely affect the interests of the Owners of Bonds issued hereunder, or
for the purpose of adding to the covenants and agreements herein contained, or to the Tax
Increment herein pledged, other covenants and agreements thereafter to be observed and
additional revenues or income thereafter appropriated to the Tax Increment Accounts, or for the
purpose of surrendering any right or power herein reserved to or conferred upon the City, or for
the purpose of authorizing the creation and issuance of a series of Additional Bonds, as provided
in and subject to the conditions and requirements of Section 4. Any such Supplemental
Resolution may be adopted without the consent of the Owner of any of the Bonds issued
hereunder.
8.02. Consent of Owners. With the consent of the Owners of a majority in principal
amount of Outstanding Bonds affected thereby as provided in Section 8.04, the City may from
time to time and at any time adopt a Supplemental Resolution for the purpose of amending this
Resolution by adding any provisions hereto or changing in any manner or eliminating any of the
provisions hereof or of any Supplemental Resolution, except that no Supplemental Resolution
shall be adopted at any time without the consent of the Owners of all Outstanding Bonds affected
25
21
thereby, if it would extend the time of payment of interest thereon, would reduce the amount of
the principal thereof or redemption premium thereon, would give to any Bond or Bonds any
privilege over any other Bond or Bonds (except for the privilege accorded Bonds over
Subordinate Obligations), would reduce the sources of Tax Increment or other revenues or
income appropriated to the Tax Increment Accounts, or would reduce the percentage in principal
amount of such Bonds required to authorize or consent to any such Supplemental Resolution.
8.03. Notice. Notice of a Supplemental Resolution to be adopted pursuant to
Section 8.02 shall be mailed by first-class mail, postage prepaid, or given by such other means as
required by a securities depository, if applicable, to the Owners of all Outstanding Bonds at their
addresses appearing in the Bond Register and shall become effective only upon the filing of
written consents with the City Clerk-Treasurer, signed by the Owners of the requisite principal
amount of Outstanding Bonds affected thereby. Any written consent to the Supplemental
Resolution may be embodied in and evidenced by one or any number of concurrent written
instruments of substantially similar tenor signed by Owners thereof in person or by agent duly
appointed in writing, and shall become effective when delivered to the City Clerk-Treasurer.
Any consent by the Owner of any Bond shall bind that Owner and every future Owner of the
same Bond with respect to any Supplemental Resolution adopted by the City pursuant to such
consent; provided than any Owner may revoke his consent with reference to any Bond by written
notice received by the City Clerk-Treasurer before the Supplemental Resolution has become
effective. In the event that unrevoked consents of the Owners of the requisite principal amount
of Bonds have not been received by the City Clerk-Treasurer within one year after the
publication of notice of the Supplemental Resolution, the Supplemental Resolution and all
consents theretofore received shall be of no further force and effect.
8.04. Manner of Consent. Proof of the execution of any consent, or of a writing
appointing any agent to execute the same, shall be sufficient for any purpose of this Resolution
and shall be conclusive in favor of the City if made in the manner provided in this Section 8.04.
The fact and date of the execution by any Person of any such consent may be proved by the
affidavit of a witness of such execution or by the certification of any notary public or other
officer authorized by law to take acknowledgment of deeds, certifying that the Person signing it
acknowledged to him the execution thereof. The fact and date of execution of any such consent
may also be proved in any other manner which the City may deem sufficient; but the City may
nevertheless, in its discretion, require further proof in cases where it deems further proof
desirable. The ownership of any Bonds shall be proved by the Bond Register.
Section 9. Defeasance or Discharge.
9.01. General. When the liability of the City on all Bonds issued under and secured by
this Resolution and all interest thereon has been discharged as provided in this Section 9, all
pledges, covenants and other rights granted by this Resolution to the Owners of such Bonds shall
cease.
9.02. Maturity. The City may discharge its liability with reference to all Bonds and
interest thereon which are due on any date by depositing with the Registrar on or before the date
a sum sufficient for the payment thereof in full; or if any Bond or interest thereon shall not be
paid when due, the City may nevertheless discharge its liability with reference thereto by
26
22
depositing with the Registrar a sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit.
9.03. Redemption. The City may also discharge its liability with reference to any Bonds
which are called for redemption on any date in accordance with their terms, by depositing with
the Registrar on or before that date an amount equal to the principal, redemption premium, if
any, and interest which are then due thereon; provided that notice of such redemption has been
given or irrevocably provided for as provided in this Resolution.
9.04. Escrow. The City may also at any time discharge its liability in its entirety with
reference to any Bond subject to the provisions of law now or hereafter authorizing and
regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an
escrow agent for this purpose, cash or Defeasance Obligations which are authorized by law to be
so deposited, bearing interest payable at such times and at such rates and maturing on such dates
as shall be required, without reinvestment, to provide funds sufficient to pay all principal,
redemption premiums, if any, and interest to become due on such Bond at its Stated Maturity or
Payment Date or, if such Bond is prepayable and notice of redemption thereof has been given or
irrevocably provided for as provided in this Resolution, to such earlier Redemption Date.
Section 10. Repeals and Effective Date.
10.01. Repeal. All provisions of other resolutions and other actions and proceedings of
the City and this Council that are in any way inconsistent with the terms and provisions of this
Resolution are repealed, amended and rescinded to the full extent necessary to give full force and
effect to the provisions of this Resolution.
10.02. Effective Date. This Resolution shall take effect immediately upon its passage
and adoption by this Council.
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23
PASSED AND APPROVED by the City Council of the City of Laurel, Montana, this
24th day of March, 2020.
___________________________________
Mayor
Attest:
City Clerk-Treasurer
28
A-1
EXHIBIT A
UNITED STATES OF AMERICA
STATE OF MONTANA
COUNTY OF YELLOWSTONE
CITY OF LAUREL
TAX INCREMENT URBAN RENEWAL REVENUE BOND
(LAUREL URBAN RENEWAL DISTRICT), SERIES 2020
No. R-1 $3,055,000.00
Interest
Rate
Final Payment
Date
Date of
Original Issue
3.38% January 1, 2045 April 15, 2020
REGISTERED HOLDER: WESTERN SECURITY BANK, DIVISION OF GLACIER
BANK
PRINCIPAL AMOUNT: THREE MILLION FIFTY-FIVE THOUSAND DOLLARS AND
NO/100
FOR VALUE RECEIVED, CITY OF LAUREL, MONTANA (the “City”), a duly
organized municipal corporation, acknowledges itself to be specially indebted and hereby
promises to pay to the registered owner specified above or registered assi gns, solely from the
Tax Increment Debt Service Account, on each Payment Date specified on the attached Schedule
I, the dollar amount corresponding to that Payment Date as set forth on such Schedule I, all
subject to the provisions hereinafter described relating to the redemption of this Bond prior to
maturity or final payment date. This Bond bears interest at the rate per annum specified above
from the date of original issue specified above, or from such later date to which interest hereon
has been paid or duly provided for, until the final installment payment date specified above or an
earlier date on which this Bond shall have been duly called for redemption. Principal of and
interest on this Bond are payable in semi-annual installments of principal and interest due on
each January 1 and July 1, commencing July 1, 2020, in accordance with the payment
installment schedule attached hereto as Schedule I, as such schedule may be amended from time
to time as described hereinafter. The owner of record of this Bond is the owner appearing as
such in the bond register as of the close of business on the 1st day (whether or not a business
day) of the month immediately preceding a Payment Date. Interest on and principal of this Bond
are payable by check or draft drawn by the Bond Registrar. Interest on this Bond shall be
calculated on the basis of a 360-day year composed of twelve 30-day months. The City Clerk-
Treasurer shall initially serve as the Bond Registrar for this Bond.
This Bond is one of a duly authorized issue of Bonds of the City designated as “Tax
Increment Urban Renewal Revenue Bond (Laurel Urban Renewal District)” (collectively, the
“Bonds”), issued and to be issued in one or more series under, and all equally and ratably
29
A-2
secured by Resolution No. _______, adopted by the City Council on March 24, 2020 (the
“Resolution”), to which Resolution (copies of which are on file with the City) reference is hereby
made for a description of the nature and extent of the security, the respective rights thereunder of
the Owners of the Bonds and the City and the terms upon which the Bonds are to be issued and
delivered. Capitalized terms used herein but not otherwise defined shall have the respective
meanings given such terms in the Resolution This Bond constitutes an issue that evidences a
loan from the Original Purchaser to the City in the aggregate principal amount of $3,055,000 (the
“Series 2020 Bond”) for the purpose of paying a portion of the costs of the 2020 Project.
The Series 2020 Bond is issued pursuant to and in full compliance with the Constitution
and laws of the State of Montana, particularly Montana Code Annotated, Title 7, Chapter 15 ,
Parts 42 and 43, as amended (the “Act”), and pursuant to the Resolution. The Series 2020 Bond
is payable solely, and equally and ratably with Additional Bonds that may be issued hereafter,
from Tax Increment received by the City, except that under certain conditions as described in the
Resolution, the Series 2020 Bond may be payable from replacement revenues, if any, provided in
the event of the abolition or substantial elimination of property taxation in Montana. By the
Resolution, the City has pledged the Tax Increment received by the City to the Tax Increment
Debt Service Account.
The Series 2020 Bond is not a general obligation of the City and the City’s general
credit and taxing powers are not pledged to the payment of the Series 2020 Bond or the
interest thereon. The Series 2020 Bond shall not constitute an indebtedness of the City
within the meaning of any constitutional or statutory limitations.
The Series 2020 Bond is subject to prepayment and redemption at the option of the City
on April 15, 2030 and any date thereafter, with 30 days’ prior written notice to the registered
owner of the Series 2020 Bond, in whole or in part, at a price of the principal amount being
prepaid and redeemed plus interest thereon through the date of prepayment or redemption,
without premium or penalty. Following each prepayment, the registered owner of the Series
2020 Bond will reamortize the debt service over the then-remaining term.
Notice of redemption, if required by the Resolution, will be mailed at leas t 30 days prior
to the designated redemption date to the registered owner of the Series 2020 Bond to be
redeemed, but no defect in or failure to give such notice shall affect the validity of the
proceedings for the redemption of the Bond not affected by such defect or failure. The Bond or
portions thereof so called for redemption will cease to bear interest on the specified redemption
date, provided funds for their redemption have been duly deposited.
If provision is made for the payment of principal of and interest on this Series 2020 Bond
in accordance with the Resolution, this Series 2020 Bond shall no longer be deemed Outstanding
under the Resolution, shall cease to be entitled to the benefits of the Resolution, and shall
thereafter be payable solely from the funds provided for payment.
The Resolution permits, with certain exceptions as therein provided, the amendment
thereof and the modification of the rights and obligations of the City and the Owners of the Bond
at any time without the consent of any Owners or with the consent of the Owners of a majority in
aggregate principal amount of the Bond at the time Outstanding (as defined in the Resolution)
30
A-3
which are affected by such modifications. The Resolution also contains provisions permitting
Owners of a majority in aggregate principal amount of the Bonds of all series at the time
Outstanding, on behalf of all the Owners of all Bonds, to waive compliance by the City with
certain provisions of the Resolution and certain past defaults under the Resolution and their
consequences. Any such consent or waiver by the Owner of this Bond shall bind that Owner and
every future Owner of this Bond and of any Bond issued in lieu hereof, whether or not notation
of such consent or waiver is made upon this Bond.
The Owner of this Bond shall have no right to enforce the provisions of the Resolution,
or to institute action to enforce the covenants therein or take any action with respect to a default
under the Resolution or to institute, appear in or defend any suit or other procedure with respect
thereto except as provided in the Resolution.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Registrar, by the
registered owner hereof in person or by his attorney duly authorized in writing, upon surrender
hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed
by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of
other authorized denominations. Upon such transfer or exchange, the City will cause a new
Bond or Bonds to be issued in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate and maturing on the same date,
subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Registrar may deem and treat the Person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar shall be
affected by any notice to the contrary.
This Series 2020 Bond has been designated by City as a “qualified tax-exempt
obligation” pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Montana and ordinances and resolutions of
the City to be done, to exist, to happen and to be performed in order to make this Bond a valid
and binding special, limited obligation of the City in accordance with its terms have been done,
do exist, have happened and have been performed as so required; that this Bond has been issued
by the City in connection with an urban renewal project (as defined in the Act); that the City, in
and by the Resolution, has validly made and entered into covenants and agreements with and for
the benefit of the Owners from time to time of all Bonds issued thereunder, including covenants
that it will pledge, appropriate and credit the Tax Increment derived from the District to the Tax
Increment Debt Service Account of the City; that Additional Bonds may be issued and made
payable from the Tax Increment Debt Service Account on a parity with the Series 2020 Bond
upon certain conditions set forth in the Resolution, but no obligation will be otherwise incurred
and made payable from the Tax Increment unless the lien thereof shall be expressly made
subordinate to the lien of the Series 2020 Bond on the Tax Increment; that all provisions for the
security of the Owners of the Series 2020 Bond as set forth in the Resolution will be punctually
31
A-4
and faithfully performed as therein stipulated; and that the issuance of the Series 2020 Bond does
not cause the indebtedness of the City to exceed any constitutional or statutory limitation.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by the manual signature of an authorized representative.
IN WITNESS WHEREOF, the City of Laurel, Montana, by its City Council, has caused
this Bond to be executed by the signatures of the Mayor and City Clerk-Treasurer.
CITY OF LAUREL, MONTANA
Mayor
(SEAL)
City Clerk-Treasurer
Dated:__________________
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned herein.
CITY OF LAUREL, MONTANA,
as Registrar, Transfer Agent, and
Paying Agent
By
City Clerk-Treasurer
32
A-5
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants UTMA............Custodian.....................
in common (Cust) (Minor)
TEN ENT -- as tenants
by the entireties
under Uniform Gifts to
JT TEN -- as joint tenants Minor Act............................................
with right of (State)
survivorship and
not as tenants in
common
___________________________
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto _____
___________________________ the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints _____________________ attorney to transfer the within
Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ___________
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE:
NOTICE: The signature to this assignment
must correspond with the name as it appears
upon the face of the within Bond in every
particular, without alteration, enlargement
or any change whatsoever.
SIGNATURE GUARANTEED
_________
Signature(s) must be guaranteed by an “eligible
guarantor institution” meeting the requirements
of the Registrar, which requirements include
membership or participation in STAMP or such
other “signature guaranty program” as may be
determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with
the Securities Exchange Act of 1934, as
amended.
33
A-6
SCHEDULE I
34
Item Attachment Documents:
2. Resolution - Intent to abandon alley
35
R20-__ Vacate Alley – Lots 14-18 of Block 4 of Hageman Subdivision and Lots 1 -5 of Block 5 of Hageman Subdivision 1st
Filing
RESOLUTION NO. R20-__
A RESOLUTION OF THE CITY COUNCIL TO VACATE AN ALLEY
LOCATED BETWEEN LOTS 14-18 OF BLOCK 4 OF HAGEMAN SUBDIVISION AND LOTS 1-
5 OF BLOCK 5 OF HAGEMAN SUBDIVISION 1ST FILING WITHIN THE CITY OF LAUREL.
WHEREAS, the owner of the above properties petitioned the city to vacate the alley that splits
his/her property in order to create one contiguous piece of property; and
WHEREAS, vacating the alley will allow a more effective and orderly development of t he area
which is fully supported by the City Planning Director; and
WHEREAS, the City of Laurel published notice of the City’s intent to act on the application at its
____________________ council meeting as required by MCA § 7-14-4114; and
WHEREAS, pursuant to MCA § 7-14-4114, notice stating the applicant’s request and date and
time at which the Council will consider the application was published in the Laurel Outlook on
___________________, 2020; and
WHEREAS, it has been determined by the City Council of the City of Laurel that it is in the best
interest of the City of Laurel and the inhabitants thereof that said alley be vacated and no detriment to the
public will result from vacation of the alley.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana,
1. That the alley located between Lots 14-18 of Block 4 of Hageman Subdivision and Lots 1-5 of
Block 5 of Hageman Subdivision 1st Filing, within the City of Laurel, is hereby vacated, subject to
the following condition of approval:
a) Applicant shall provide access to any existing public or private infrastructures and utilities
currently installed and existing on the alley in perpetuity.
b) Applicant will provide the Yellowstone County Clerk and Recorder with a lot line aggregat ion
by deed for the lot line separating parcels B00453, B00453A and B00451.
2. That ½ of the vacated alley shall be returned and/or conveyed to the adjacent property owner
pursuant to MCA § 76-3-305; and
3. That this Resolution shall become immediately effective upon adoption by the City Council and
the City Clerk shall file a copy of this Resolution with the County Clerk and Recorder’s office.
Introduced at a regular meeting of the City Council on ____________, 2020, by Council Member
______________________.
PASSED and APPROVED by the City Council of the City of Laurel, Montana,
this __ day of _____________, 2020.
APPROVED by the Mayor this ___ day of_____________, 2020.
36
R20-__ Vacate Alley – Lots 14-18 of Block 4 of Hageman Subdivision and Lots 1 -5 of Block 5 of Hageman Subdivision 1st
Filing
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
___________________________________
Bethany Langve, City Clerk/Treasurer
Approved as to form:
___________________________________
Sam S. Painter, Civil City Attorney
37
3
8
3
9
4
0
CITY HALL
115 W. 1ST ST.
PLANNING: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964
FAX 628-2241
City Of Laurel
P.O. Box 10
Laurel, Montana 59044
Office of the City Planner
March, 13, 2020
Regarding the Vacation of Certain Lands between Lots 14-18 of Block 4 of Hageman Subdivision and
Lots 1-5 of Block 5 of Hageman Subdivision 1st Filing.
Mayor Nelson and City Council,
The Planning Department supports the abandonment of the alleyway between Lots 14-18 of Block 4 of
the Hageman Subdivision and Lots 1-5 of Block 5 of the Hageman Subdivision 1st Filing. The existing
alleyway is surrounded by a single property owner and its abandonment will create a contiguous set of
parcels that will allow more effective development. The Community Entryway Zoning District mandates
continuous curbing around the perimeter of a parcel within the overlay district. If not abandoned, a
continuous curb around the alleyway would block internal and external connectivity and restrict traffic
flow for the currently planned development.
One requirement to place on the surrounding property owners is that access should be allowed to any
existing public or private infrastructure and utilities currently in place in perpetuity. The Planning
Department supports the abandonment of this alleyway because it will ease the burden of development
and will allow for proper internal site circulation and connectivity for the existing parcels.
Thank you for your consideration.
Nicholas Altonaga
Planning Director
41
Item Attachment Documents:
3. Resolution - DOJ Task Order for Riverside Park Campground
42
TO: Kurt Markegard
FROM: Alicia Stickney
Thad Adkins, NRDP Legal Counsel
DATE: 3-11-20
RE: City of Laurel Riverside Park IFB
GENERAL:
Does not include Instructions to Bidders, Supplementary Conditions, and some other sections we’d
normally review, since Laurel is using the MPWSS standard documents. Our NRDP versions of those
documents are modified for our contracts, but in the interest of time I think we can get by with the
changes I included here. It’s worth noting that state law allows a county or municipal government more
flexibility in some of their procurement processes, but under our funding agreement language they are
required to comply with the State-level requirements as a condition of funding.
INSURANCE/BONDS: It appears that Laurel is relying on the generic language of the
general/supplementary conditions/instructions to bidders for insurance coverages rather than specific
insurance coverage amounts. This really should include some changes in the Supplementary Conditions.
At a minimum, however, based on how they appear to be making changes, I think we’ll want the
following paragraph inserted into the Invitation to Bid (probably where they mention NRDP as the
funding entity) and as a separate clause in the proposed Special Conditions:
Performance and Payment Bonds and all insurance coverages required by the Contract must list the
State of Montana Department of Justice Natural Resource Damage Program as an additional obligee,
insured entity and otherwise covered party, in addition to the Owner City of Laurel. NRDP is not the
Owner, but is a funding entity for the Project.
SPECIFIC CHANGES:
Invitation to Bid
1. In the paragraph discussing the pre-bid conference add the following:
The City of Laurel does not discriminate on the basis of disability. Individuals who need aids, alternative
document formats, or services for effective communications or other disability related accommodations
for the pre-bid conference are invited to make their needs and preferences known.
2. The second to last paragraph on the first page (or elsewhere in the IFB) needs to include the
following language:
Contractor must give preference to the employment of bona fide Montana residents in the performance
of the Work. Contractor must ensure that at least 50% of the Contractor's workers performing labor on
43
the Project are bona fide Montana residents, as defined in §18-2-401, MCA. Contractor and any
subcontractor must pay employees receiving an hourly wage on a weekly basis.
3. The non-discrimination clause in the second to last paragraph on the first page needs to include
all protected classes in accordance with Executive Order No. 04-2016. Those classes are:
race, color, national origin, age, physical or mental disability, marital status, religion, creed, sex,
pregnancy, childbirth, or a medical condition related to pregnancy or childbirth, sexual orientation,
gender identity or expression, political beliefs, genetic information, military service or veteran's status,
culture, social origin or condition, or ancestry.
4. On the second page, after the sentence prohibiting bid withdrawal, add the following:
If a bidder to whom a contract is awarded refuses to accept the award (PO/contract) or fails to deliver in
accordance with the contract terms and conditions, the State of Montana may, in its discretion, suspend
the bidder for a period of time from entering into any contracts with the State of Montana.
5. On the second page, following the above new paragraph, add the following:
Choice of Law and Venue. This solicitation is governed by the laws of Montana. Any litigation concerning
the bid, request for proposal, limited solicitation, or subsequent contract, must be brought in either the
First or Thirteenth State Judicial Districts Courts, State of Montana, and each party will pay its own costs
and attorney fees.
SECTION 00300 - BID FORM
6. Add the following new paragraph to Article 4 -BIDDER’S CERTIFICATION:
4.02 Debarment. Contractor certifies, by submitting this bid, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction (contract) by any governmental department or agency. If Contractor
cannot certify this statement, attach a written explanation for review by the Owner.
SECTION 00500 - AGREEMENT FORM
7. Section 10 Miscellaneous needs the following additions:
10.5 Bona Fide Montana Residents. Contractor must give preference to the employment of bona fide
Montana residents in the performance of the Work. Contractor must ensure that at least 50% of the
Contractor's workers performing labor on the Project are bona fide Montana residents, as defined in §18-
2-401, MCA. If Contractor cannot guarantee that at least 50% of Contractor's workers on the Project will
be Montana residents due to a lack of qualified personnel, the Contractor must provide the percentage
of Montana residents that the commissioner of labor and industry believes possible.
10.6 Non-Discrimination. Contractor must ensure that employees and applicants for employment are
not discriminated against because of their race, color, national origin, age, physical or mental disability,
marital status, religion, creed, sex, pregnancy, childbirth, or a medical condition related to pregnancy or
44
childbirth, sexual orientation, gender identity or expression, political beliefs, genetic information, military
service or veteran's status, culture, social origin or condition, or ancestry.
10.7 Prevailing Wages. Contractor must pay the standard prevailing wage rates established statewide
for heavy or highway construction services conducted at the project location.
10.8. Minimum Retainage. This is a public works contract. In accordance with §18-4-404(2), MCA,
Owner must withhold at least $1,000 of the contract price at all times until the termination of the
Contract.
10.9 Contractor must post in a prominent and accessible site on the Project or staging area, not later
than the first day of Work and continuing for the entire duration of the Project, a legible statement of all
wages and fringe benefits to be paid to the employees.
10.10 Public Contractor 1% Gross Receipts Tax. Owner or funding agency may withhold 1% of
Contractor’s gross receipts and forward such funds to the Montana Department of Revenue. If Owner or
funding agency do not withhold the public contractor gross receipts tax and complete reporting,
Contractor will complete the reporting and tax submittal for the Project within each respective
timeframe as required by the Dept. of Revenue. Contractor will inquire and coordinate with Owner to
ensure that reporting and submittal is completed.
10.11 Access and Retention of Records. Contractor agrees to provide the State of Montana Natural
Resource Damage Program, the Legislative Auditor, or their authorized agents, access to any records
necessary to determine contract compliance. (§18-1-118, MCA). Contractor agrees to create and retain
records supporting the services rendered or supplies delivered for a period of eight years after either the
completion date of the Contract or the conclusion of any claim, litigation, or exception relating to the
Contract taken by the State of Montana or third party. Contractor and any subcontractors must
maintain payroll records in a manner readily capable of being certified for submission under §18-2-423,
MCA, for not less than 3 years after the Contractor's or subcontractor's completion of Work on the
Project. If a wage violation complaint is filed with the Montana Dept. of Labor, Contractor and/or its
subcontractors will provide the employee's payroll records within 5 days of receiving the payroll request.
10.12 Compliance with Laws. Contractor will, in performance of Work under this Contract, fully comply
with all applicable federal, state, or local laws, rules, and regulations, including but not limited to, the
Montana Human Rights Act, the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age
Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the
Rehabilitation Act of 1973. The Contractor is the employer for the purpose of providing healthcare
benefits and paying any applicable penalties, fees and taxes under the Patient Protection and Affordable
Care Act [P.l. 111-148, 124 Stat. 119]. Any subletting or subcontracting by the Contractor subjects its
subcontractors to the same provisions. In accordance with 49-3-207, MCA, Contractor agrees that the
hiring of persons to perform this Contract will be made on the basis of merit and qualifications and there
will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status,
physical or mental disability, or national origin by the persons performing this Contract.
10.13 Contractor agrees to protect, defend, and save the Owner and the State, their elected and
appointed officials, agents, and employees, while acting within the scope of their duties as such,
harmless from and against all claims, demands, causes of action of any kind or character, including the
45
cost of defense thereof, arising in favor of Contractor's employees or third parties on account of bodily or
personal injuries, death, or damage to property arising out of services performed or omissions of services
or in any way resulting from the acts or omissions of Contractor and/or its agents, employees,
representatives, assigns, subcontractors, except the sole negligence of the Owner or State, under this
Contract.
10.14 Choice of Law and Venue. This Contract is governed by the laws of Montana. The parties agree
that any litigation related to or arising from this Contract must be brought in either the First or
Thirteenth State Judicial Districts Courts, State of Montana, and each party will pay its own costs and
attorney fees.
8. Agreement Signature Block
In accordance with 18-2-404, the legal advisor for the City must sign before the authorized city
representative. Please amend the signature block accordingly.
Section 840 Wage Rates
9. Whether to use the heavy construction rates seems to be a judgment call in this situation. To
my mind it looks like the primary work is building roads/pathways and much of the rest is incidental
to that, so if I were making the selection I would likely go with the highway rates (after discussion
with the Engineer). But as noted above, there’s probably not a wrong answer since the engineer’s
estimate seems to indicate plenty of heavy construction. As long as they have a justifiable rationale
I don’t think we need to weigh in heavily on this one. Ultimately, they are the “contracting agency”
in this case, so they’re responsible for making the selection under 18-2-418.
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Item Attachment Documents:
4. Resolution - Pavement Maintenance 2020 - Notice of Award
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R20-__ Award 2020 Pavement Maintenance Project Hardrives Construction, Inc.
RESOLUTION NO. R20-__
RESOLUTION AWARDING HARDRIVES CONSTRUCTION, INC. THE CONTRACT FOR THE
CITY OF LAUREL’S 2020 PAVEMENT MAINTENANCE PROJECT AND TO AUTHORIZE THE
MAYOR TO SIGN CONTRACT DOCUMENTS ON THE CITY’S BEHALF.
WHEREAS, the City of Laurel planned and publicly advertised the project known as the 2020
Pavement Maintenance Project, and the City received responsive bids from qualified contractors; and
WHEREAS, the City’s Engineers, KLJ, and City Staff considered the bids received and
recommends the City Council award the project and that the contract is in the City’s best interest; and
WHEREAS, Hardrives Construction, Inc. submitted a bid of $495,000 and both KLJ and the City
Staff have determined the bid is in the best interest of the City. The Bid documents are attached hereto and
incorporated herein.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, finds
that the City has followed its procurement policies and state law requiring competitive bidding; and
BE IT FUTHER RESOLVED the City Council hereby awards the contract and project to Hardrives
Construction, Inc. for its bid price of $495,000. The Mayor and City Clerk are authorized to sign all
necessary documents, agreements or contracts on the City’s behalf consistent with this resolution.
Introduced at a regular meeting of the City Council on ________________, 2020, by Council
Member ________________________.
PASSED and APPROVED by the City Council of the City of Laurel this ___ day of
________________, 2020
APPROVED by the Mayor this ____ day of __________ 2020.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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