Resolution - 2003 - 06b - Agreement For Bond Counsel Services - 03/25/2003
RESOLUTION NO. 03-06
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, APPROVING
AN AGREEMENT FOR BOND COUNSEL SERVICES, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE SAME; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Eagle, Ada County, Idaho (the" Ci ty") ,
has determined to conduct a special bond election on May 27,
20031 on the question of authorizing the City to issue its
general obligation bonds in the principal amount $4,000,000 for
the purpose of financing the costs of acquiring a site and
constructing and furnishing a new City Hall building, and costs
incidental thereto; and
WHEREAS, the City is desirous of retaining the law
Moore Smith Buxton & Turcke, Chartered, of Boisel Idaho,
counsel to the City for services in connection with the
bond election and the issuance, sale, and delivery of
obligation bonds.
firm of
as bond
special
general
NOW I THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idahol as follows:
Section 1: The Agreement for Bond Counsel Services between
the City and the law firm of Moore Smith Buxton & Turcke,
Chartered, of Boise, Idaho, a copy of which agreement is annexed
hereto and by reference made a part hereofl 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
force from and after its passage and approval.
effect
and be
in
DATED this 25th day of March, 2003.
CITY OF EAGLE
Ada County, Idaho
ATTEST:
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City"Clerk
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AGREEMENT FOR BOND COUNSEL SERVICES
THIS AGREEMENT, made as of the 18th day of March, 2003,
between the City of Eagle, Ada County, Idaho (the "City"), and
the law firm of Moore Smith Buxton & Turcke, Chartered, 225 North
9th Street, Suite 420, 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 general obligation bonds (the
"Bonds") of the City to be issued for purpose of financing the
costs of sewage treatment plant extensions and upgrade, 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 or such proceedings
for the private 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.
(g) Assemble and examine transcripts concerning all
proceedings taken in connection with the issuance and
sale of the Bonds.
(h) Upon completion of the proceedings to Bond Counsel's
Page 1
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 be compensated by the City in the amount of
Eight Thousand Five Hundred Dollars ($8,500.00). Such
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 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 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 $750 total fee), and for direct out-of-pocket expenses
incurred.
IN WITNESS WHEREOF, the parties hereto have executed this
contract the day and year first above written.
ATTEST:
(11769-7941----(=
'City Clerk
Page 2
CITY OF EAGLE
Ada County, Idaho
May r
MOORE SMITH BUXTON & TURCKE,
CHARTE
By
D
Michael C. Moore