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RESOLUTION NO. 13-96
A RESOLUTION OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, APPROVING
AN AGREEMENT FOR BOND COUNSEL SERVICES AND AUTHORIZING THE MAYOR
AND CLERK TO EXECUTE THE SAME
WHEREAS, the City of McCall, Valley County, Idaho (the
"City"), has determined to issue its parity lien water revenue
bonds; and
WHEREAS, the City is desirous of retaining the services of
Michael C. Moore, of the law firm of Moore & McFadden, Chartered,
of Boise, Idaho, as bond counsel to the City for services in
connection with the issuance, sale, and delivery of its parity lien
water revenue bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF McCALL, VALLEY COUNTY, IDAHO, as follows:
Section 1: The Agreement for Bond Counsel Services between
the City and Michael C. Moore of the law firm of Moore & McFadden,
Chartered, 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 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 11th day of July, 1996.
CITY OF MCCALL
Valley County, Idaho
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RESOLUTION NO. 13-96
A RESOLUTION OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, APPROVING
AN AGREEMENT FOR BOND COUNSEL SERVICES AND AUTHORIZING THE MAYOR
AND CLERK TO EXECUTE THE SAME
WHEREAS, the City of McCall, Valley County, Idaho (the
"City"), has determined to issue its parity lien water revenue
bonds; and
WHEREAS, the City is desirous of retaining the services of
Michael C. Moore, of the law firm of Moore & McFadden, Chartered,
of Boise, Idaho, as bond counsel to the City for services in
connection with the issuance, sale, and delivery of its parity lien
water revenue bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF McCALL, VALLEY COUNTY, IDAHO, as follows:
Section 1: The Agreement for Bond Counsel Services between
the City and Michael C. Moore of the law firm of Moore & McFadden,
Chartered, 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 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 11th day of July, 1996.
CITY OF MCCALL
Valley County, Idaho
AGREEMENT FOR BOND COUNSEL SERVICES
THIS AGREEMENT, made this 11th day of July, 1996, between the
City of McCall, Valley County, Idaho (the "City"), and Michael C.
Moore, of the law firm of Moore & McFadden, Chartered, 999 Main
Street, Suite 910, 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 its Parity Lien Water Revenue
Bonds, Series 1996, to be issued for the construction and
installation of improvements and betterments to the City's water
system, 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 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 bonds.
(c) Prepare all ordinances, resolutions, notices, and any
other legal documents necessary for the proper conduct of
proceedings and for the authorization, issuance, sale,
and delivery of 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 bonds as may be
appropriate.
(f) Supervise the printing and delivery of 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 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
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
Four Thousand Five Hundred Dollars ($4,500.00). Said compensation
shall be paid solely from the proceeds of such bonds, when
available, and shall be due following delivery of bonds.
Bond Counsel shall also be reimbursed for direct out-of-pocket
expenses, including necessary travel 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 telecopying and photocopying
expenses incurred in performance of its duties hereunder.
In the event 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 Clerk
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CITY OF McCall
Valley County, Idaho
MOORE & MCFADDEN, CHARTERED
Michael C. Moore