HomeMy Public PortalAboutResolution 06-89 Approving an agreement for bond counsel services and authorizing the mayor and city clerk to execute the same RESOLUTION NO. 6 — V
A RESOLUTION OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO,
APPROVING AN AGREEMENT FOR BOND COUNSEL SERVICES AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE SAME
WHEREAS, the City of McCall, Valley County, Idaho (the
"City") , has determined to conduct a special bond election on June
6, 1989, on the question of authorizing the City to issue its
revenue bonds in the amount of not to exceed $450, 000 for the
construction and financing of improvements to the City' s public
golf course and costs incidental thereto; and
WHEREAS, the City is desirous of retaining the law firm of
Lindsay, Hart, Neil & Weigler, of Boise, Idaho, as bond counsel to
the City for services in connection with said special bond
election and the issuance, sale, and delivery of revenue bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MCCALL, IDAHO, as follows:
Section 1: The Agreement for Bond Counsel Services between
the City and Lindsay, Hart, Neil & Weigler, of Boise, Idaho, a
copy of which agreement is annexed hereto and by reference made a
part hereof, is hereby approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the same on behalf of
the City.
Section 2 : This Resolution shall take effect and be in force
from and after its passage. and approval.
DATED this 13th day of April, 1989 .
CITY OF MCCALL
Valley County, Idaho
By . " -
(J Mayor
ATTE T:
I;(
4/1)224 ( —
Cit Clerk
AGREEMENT FOR BOND COUNSEL SERVICES
THIS AGREEMENT, made this 13th day of April, 1989, between
the City of McCall, Valley County, Idaho (the "City") , and the law
firm of Lindsay, Hart, Neil & Weigler, 350 N. Ninth Street, Suite
400, Boise, Idaho 83702 ("Bond Counsel") .
Section 1: PURPOSE OF EMPLOYMENT
The City hereby employs Bond Counsel to perform and render
legal assistance and advice relative to the authorization,
issuance, sale, and delivery of revenue bonds (the "Bonds") of the
City to be issued for the construction and financing of certain
capital improvements to the City' s public golf course, and costs
incidental thereto.
Section 2 : BOND COUNSEL SERVICES
Bond Counsel shall be primarily responsible for rendering the
following legal services:
(a) Advise the City concerning the legal requirements
applicable to the issuance and sale of the Bonds.
(b) Provide representation of Bond Counsel, when requested
by the City, at all meetings and hearings held by the
City in connection with the issuance and sale of the
Bonds.
(c) Prepare all ordinances, resolutions, notices, and any
other legal documents necessary for the proper conduct
of proceedings, including election proceedings, for the
authorization, issuance, sale, and delivery of the
Bonds.
(d) Provide such legal guidance and assistance, supervision
and consultation, conduct such proceedings, and provide
such opinions, as may be appropriate.
(e) Prepare such notices of public sale of the Bonds as may
be appropriate.
(f) Supervise the printing and delivery of the Bonds to
• purchaser and prepare all necessary closing documents.
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(g) Assemble and examine a transcript concerning all
proceedings taken in connection with the issuance and
sale of the Bonds.
(h) Upon completion of the proceedings to Bond Counsel 's
satisfaction, provide its legal opinion stating that the
proceedings had for the authorization and issuance of
the Bonds are lawful and valid, that the Bonds are valid
and lawful special obligations of the City, and that
interest on the Bonds is excluded from gross income for
the purposes of Federal and State of Idaho income
taxation.
Section 3 : COMPENSATION
For rendering the services set forth in Section 2 hereof,
Bond Counsel shall receive from the City compensation in the
amount of FIVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS
($5, 500. 00) . Said compensation shall be paid solely from the
proceeds of such Bonds, when available, and shall be due following
delivery of the Bonds.
Bond Counsel shall also be reimbursed for direct
out-of-pocket expenses, including necessary travel and lodging
expenses incurred in attending meetings conducted by the City or
other meetings relating to the Bond proceedings, as well as long
distance telephone, special messenger or air courier service, and
photocopying expenses incurred in performance of its duties
hereunder.
In the event the Bonds are not issued, sold, and delivered,
Bond Counsel will be reimbursed only at the hourly rate normally
charged by Bond Counsel for services actually rendered (with a
maximum of $500 total fee) , and for direct out-of-pocket expenses
incurred.
Section 4 : ADDITIONAL SERVICES
Services in addition to Bond Counsel responsibilities
provided for in Section 2 above may be performed by Bond Counsel
upon specific direction of the City. For such additional
services, including, but not limited to, any litigation services,
Bond Counsel shall be compensated separately, and shall account
and bill for such services separately at the hourly rate normally
charged by Bond Counsel for the service of the attorneys
performing such work.
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.,
IN WITNESS WHEREOF, the parties hereto have executed this
contract the day and year first above written.
CITY OF MCCALL
Valley County, Idaho
Ma or
ATTEST:
-C ., y' Clerk
LINDSAY, HART, NEIL & WEIGLER
By � --
Michael C. Moore
Page - 3
RESOLUTION NO. 62— g7
A RESOLUTION OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO,
APPROVING AN AGREEMENT FOR BOND COUNSEL SERVICES AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE SAME
WHEREAS, the City of McCall, Valley County, Idaho (the
"City") , has determined to conduct a special bond election on June
6, 1989, on the question of authorizing the City to issue its
revenue bonds in the amount of not to exceed $450, 000 for the
construction and financing of improvements to the City's public
golf course and costs incidental thereto; and
WHEREAS, the City is desirous of retaining the law firm of
Lindsay, Hart, Neil & Weigler, of Boise, Idaho, as bond counsel to
the City for services in connection with said special bond
election and the issuance, sale, and delivery of revenue bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MCCALL, IDAHO, as follows:
Section 1: The Agreement for Bond Counsel Services between
the City and Lindsay, Hart, Neil & Weigler, of Boise, Idaho, a
copy of which agreement is annexed hereto and by reference made a
part hereof, is hereby approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the same on behalf of
the City.
Section 2 : This Resolution shall take effect and be in force
from and after its passage and approval.
DATED this 13th day of April, 1989 .
CITY OF MCCALL
Valley County, Idaho
By
Mayor C_
ATTE T:
/l
ity Clerk
AGREEMENT FOR BOND COUNSEL SERVICES
THIS AGREEMENT, made this 13th day of April, 1989, between
the City of McCall, Valley County, Idaho (the "City") , and the law
firm of Lindsay, Hart, Neil & Weigler, 350 N. Ninth Street, Suite
400, Boise, Idaho 83702 ("Bond Counsel") .
Section 1: PURPOSE OF EMPLOYMENT
The City hereby employs Bond Counsel to perform and render
legal assistance and advice relative to the authorization,
issuance, sale, and delivery of revenue bonds (the "Bonds") of the
City to be issued for the construction and financing of certain
capital improvements to the City' s public golf course, and costs
incidental thereto.
Section 2 : BOND COUNSEL SERVICES
Bond Counsel shall be primarily responsible for rendering the
following legal services:
(a) Advise the City concerning the legal requirements
applicable to the issuance and sale of the Bonds.
(b) Provide representation of Bond Counsel, when requested
by the City, at all meetings and hearings held by the
City in connection with the issuance and sale of the
Bonds.
(c) Prepare all ordinances, resolutions, notices, and any
other legal documents necessary for the proper conduct
of proceedings, including election proceedings, for the
authorization, issuance, sale, and delivery of the
Bonds.
(d) Provide such legal guidance and assistance, supervision
and consultation, conduct such proceedings, and provide
such opinions, as may be appropriate.
(e) Prepare such notices of public sale of the Bonds as may
be appropriate.
(f) Supervise the printing and delivery of the Bonds to
purchaser and prepare all necessary closing documents.
Page - 1
(g) Assemble and examine a transcript concerning all
proceedings taken in connection with the issuance and
sale of the Bonds.
(h) Upon completion of the proceedings to Bond Counsel ' s
satisfaction, provide its legal opinion stating that the
proceedings had for the authorization and issuance of
the Bonds are lawful and valid, that the Bonds are valid
and lawful special obligations of the City, and that
interest on the Bonds is excluded from gross income for
the purposes of Federal and State of Idaho income
taxation.
Section 3 : COMPENSATION
For rendering the services set forth in Section 2 hereof,
Bond Counsel shall receive from the City compensation in the
amount of FIVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS
($5, 500. 00) . Said compensation shall be paid solely from the
proceeds of such Bonds, when available, and shall be due following
delivery of the Bonds.
Bond Counsel shall also be reimbursed for direct
out-of-pocket expenses, including necessary travel and lodging
expenses incurred in attending meetings conducted by the City or
other meetings relating to the Bond proceedings, as well as long
distance telephone, special messenger or air courier service, and
photocopying expenses incurred in performance of its duties
hereunder.
In the event the Bonds are not issued, sold, and delivered,
Bond Counsel will be reimbursed only at the hourly rate normally
charged by Bond Counsel for services actually rendered (with a
maximum of $500 total fee) , and for direct out-of-pocket expenses
incurred.
Section 4 : ADDITIONAL, SERVICES
Services in addition to Bond Counsel responsibilities
provided for in Section 2 above may be performed by Bond Counsel
upon specific direction of the City. For such additional
services, including, but not limited to, any litigation services,
Bond Counsel shall be compensated separately, and shall account
and bill for such services separately at the hourly rate normally
charged by Bond Counsel for the service of the attorneys
performing such work.
Page - 2
IN WITNESS WHEREOF, the parties hereto have executed this
contract the day and year first above written.
CITY OF MCCALL
Valley County, Idaho
(,_) ka`yor �.
ATTEST:
bia
City lerk
LINDSAY HART, NEIL & WEIGLER
UPI/
By
Michael C. Moore
Page - 3