HomeMy WebLinkAboutOrdinances Book 12, Page 532, No Ordinance Number532 j
AN ORDINANCE PROVIDING FOR THE ACCEPTANCE OF THE OFFER OF STEIN BROS. &
AND BANKERS BOND CO. OF LOUISVILLE, KENTUCKY, TO ACT AS FISCAL AGENTS OF THE CITY
OF PADUCAH IN CONNECTION WITH THE ISSUANCE OF REVENUE BONDS TO FINANCE THE COST
OF IMPROVEMENTS AND EXTENSION TO THE SEWER SYSTEM; AUTHORIZING STUART JOHNSTON,
THE MAYOR OF THE CITY OF PADUCAH TO SIGN FOR AND ON BEHALF OF THE CITY OF PADUCAH
THE LETTER WRITTEN BY STEIN BROS. & BOYCE AND BANKERS BOND CO. TO THE CITY OF
PADUCAH DATED SEPTEMBER 25TH, 1951, AND APPROVING THE TERMS AND CONDITIONS SET
FORTH IN SAID LETTER AS CONSTITUTING SAID CONTRACT OF EMPLOYMENT;
WHEREAS, it will be necessary for the City of :Paducah to employ a fiscal
agent to assume the responsibility for the issuance of Revenue bonds for the
financing of that part of the cost of said project which said city shall be re-
quired to incur;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY: I
SECTION 1. That the City of Paducah employ Stein Bros. & Boyce and Bankers
Bond Co. of Louisville, Kentucky, to act as its fiscal agent in all matters
pertaining to the issuance of Revenue bonds to finance that part of the cost of
constructing the aforesaid improvements to the $ewer System which the City of
Paducah will be required to incur, and Stuart Johnston, the Mayor of said City,
whose signature shall be attested by Sarah Thurman, the City Clerk, is hereby auth-
orized and empowered for and on behalf of the City of Paducah to subscribe his
name as such mayor to a certain letter written by Stein Bros. & Boyce and Bankers
Bond Co. to the City of Paducah on September 25, 1951, which letter constitutes
the agreement between the parties thereto and is in words and figures as follows,
to -wit:
"September 25, 1951
Hon. Stuart Johnston, Mayor and
City Commissioners
City of Paducah, Kentucky
Gentlemen:
We have been informed that you desire to employ firms such as ours to act as
your Fiscal Agents in connection with the proposed improvements and extensions to
your Sewer System which are badly needed.
You will require financial advice and legal aid in carrying out this program
and our firms have had long years of experience in planning similar types of
financing.
We agree to immediately assign qualified personnel to develop and submit in
writing for your choice one plan covering expenditures for improvements confined
to within the corporate limits, and another plan whereby areas beyond the corporate
limits might be served.
We agree to assist your Consulting Engineers in every way possible in the
preparation and filing of your application for assistance under the Defense Housing
Act and when it is determined as to what financial aid will be available, we will
cooperate with your Consulting Engineets se to the suggested sewer charges, bond
maturity schedules, callable provision and all other details necessary for your
approval. Any plan submitted will be given careful consideration not only rrom
a legal standpoint, but also from a financial standpoint.
533
We will retain Messrs Chapman & Cutler of Chicago, Illinois, a nationally
recognized firm of municipal bond attoryets who will be available to pass on any
legal matters and who will prepare all rate and bond ordinances, resolutions and
other necessary documents. They will also prepare any legislation that may be
necessary.
In formulating the program, we will devote our best efforts, cooperate with
your officials and your Consulting Engineers in working out the best financial ar-
rangement and give the City our best advice upon financial markets, coupon rates,
maturities, redemption terms and pay the expense of publishing the notice of sale
or sales in the Bond Buyer, Courier Journal and all other details so that although
we will unque stionably patticipate in the bidding for the purchase of the bonds
at the public sale or sales, every effort will be made to formulate the plan of
financing to the best interest of the City Government.
We will prepare and furnish the City with a complete Prospectus covering the
proposed bond issue or issues giving all pertinent information regarding the City
of Paducah and the Sewer System for distribution by the City to any interested
prospective bidders for the bond issue or issues.
We agree to contact the statistical agencies and to furnish them with all
available information and to exert our best efforts to get a statistical rating
assigned to the bonds which will make them most acceptable to investors.
We propose that the City shall have the right to issue additional bonds over
and above those authorized ranking on a parity or mutually agreeable terms, per-
taining to adequate earnings coverage and other necessary features.
As soon as possible after the completion of the public sale of any and all
bonds, we will furnish printed bond forms to the City Officials for execution.
We will pay the cpst of these printed bond forms, as well as, proper and reasonable
expenses incident to the actual execution of the bonds.
It is distinctly understood that we are to pay the cost of all the attorney's
fees for preparing the bond issue or issues and for the final approving legal opini
for advertising of the bonds at public sale or sales, for the printing of the bond
forms, and other expenses incident to the preparation and issuance of the proposed
bond issue.
For the above outlined services and expenses we, as Fiscal Agents, shall be pai
a fee on the following scale on bonds sold at public sale or sales.
fee of 1% of principal amount on bonds issued up to and including $1,000,000
fee of 3/4 of 1% of principal amount on next $1,001,000 to $2,000,000 inclusio
fee of 1/2 of 1% of principal amount on over $2,000,000
Eac h issue of bonds shall be treated separately and the minimum fee in each
case shall not be less than $5,000.
You may advertise the bonds to be sold at not less than par and accrued interes
and it will be specified that bidder can name any coupon rate or rates in multiples
of 1/$ or 1/4 of 1%. The city will have the right to reject any or all bids at the
public sale and it will 'so state in the Notice of Bond Sale. The fees referred to
above shall be paid simultaneously with receipt by the City from the proceeds of th
sale of the bonds was dhsll be paid based only on the actual amount of bonds sold
and delivered.
If no bonds are sold and delivered by the City, you are to owe us nothing.
We and our attorneys will be available at any time for giving service or to meet
with the City Commissioners in working out the details of the program, as well
as your Consulting Engineers.
As a member of your business community, employing local citizens, we have a str
interest in assisting the city and we are constantly available to furnish any infor
mation or assistance.
The City Commissioners of the City of Paducah shall be under no obligations
to advance any funds for the costs or expenses in this undertaking of the Fiscal
Agents, as hereinbefore set out, nor shall this agreement be construed as in any
manner committing or obligating the City of Paducah to issue any bonds in connectio
herewith, and if Federal aid is obtained, this will reduce the amount of the bonds
to be issued.
Respectfully submitted.
STEIN BHOS. & BOYCE
THE BANKERS BOND CO.
STEIN BROS. & BOYCE
By Harold L. Sullivan
Harold L. Sullivan."
534
ACCEPTED BY RESOLUTION
Mayor, City of Pad--uc`aF
ATTEST I OM
City Clerk
SECTION 2. This ordinance shall be introduced at a regular meeting of the
Board of Commissioners and remain on file one week for public inspection in the
completed fprm in w#1ch it shall be put upon its final passage, and this ordi-
nance shall be in full force and effect from and after its adoption.
or
Introduced by the Board of Commissioners September 25, 1951
Passed by the Board of Commissioners October 2, 1951
Recorded by Sarah Thurman, City Clerk, October 2, 1951.