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HomeMy WebLinkAboutOrdinances Book 16, Page 734, No Resolution Number734j A RESOLUTION ACCEPTING THE PROPOSAL OF STEIN BROS. & BOYCE, INC. TO ACT AS FISCAL AGENTS FOR THE ISSUANCE AND SALE OF PADUCAH VOTED PUBLIC IMPROVEMENT (STREET PAVING) BONDS IN THE AMOUNT OF $1,000,000.00 BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the proposal of Stein Bros. & Boyce, Inc. to act as Fiscal Agents for the issuance and sale of Paducah Voted Public Improvement (Street Paving) Bonds in the amount of $1,000,000.00, be accepted, such proposal being in words and figures as follows: "Honorable Robert C. Cherry, Mayor and Members of the City Commission City of Paducah Paducah, Kentucky Gentlemen and Mrs. McNutt: "We have presented you with certain information and instruments required to place on the November Ballot the question for approval or disapproval of $1,000,000 City of Paducah Voted Public Improvement (Street Paving) Bonds and have discussed with your City Attorney our services relating to the completion of this Financing if approved by the Electorate. We now present our services in more formal detail and propose that we be approved as your Fiscal Agent on the following terms and conditions: "We will retain at our own expense Joseph R. Rubin of Rubin and Trautwein,.Louisville, Kentucky, recognized Bond Counsel, and cause to be prepared all of the necessary instruments such as Minutes, Resolutions, Notices, Ordinances, Certifications, etc. necessary to create and offer at public competitive sale the amount of Bonds approved by the Electorate. All of these instruments will be.carefully prepared and after your approval of maturity schedules, dating, call features, paying agent and all other details, be presented to the City Attorney well in advance, and in sufficient quantity, for study by the City Officials prior to their regular meeting dates in order to avoid the unnecessary inconvenience of called meetings. We will cause the proper Notice of'Sale to be published in the Bond Buyer, Courier Journal and local paper as required by statute=and assist at the public sale in computing and determining the best bid to the City. We will have the right reserved for rejection of any or all bids by the City, and upon award of the Bonds to the low bidder, will provide the necessary lithographed Bond forms and closing instruments for execution and delivery to, and receipt of payment from, the purchasers. Such closing papers will include the approving legal opinion, Certification of Execution and No -litigation and all other documents desired by the purchasers, for the City records, and the Bond transcript.. "In order to establish that all actions of the City have been performed in the manner and time required by Kentucky Statutes, the Bond issue must be declared valid in the Court of Jurisdiction. Through the Bond Counsel we will provide all of the pleadings, affi- davits, exhibits and other instruments required for the City Attorney to file such suit in the Circuit Court and assume the charges allotted to the Counsel who is appointed by the Court to represent the class defendant. Only the assistance and cooperation of the City Attorney will be provided to us in this connection. 735 "Prior to publication of Notice of Sale of said Bonds we will have detailed prospectus, or Official Statement, prepared describing the historical and financial background of the City which is of interest to Municipal Bond dealers and institutional Bond buyers and mail without solicitation, copies of this brochure to a wide list of institutions generally known to be interested in Municipal Bond sales. As is our general practice, we will also present this information to national rating service for quality classification which is desirable in some cases to certain Bond buyers. "we will, of course, expect to furnish complete transcript of proceedings to the City Attorney, purchasers of the Bonds and to any others as requested by the City, and perform all other duties and services directly related to the guidance and conclusion of the Financing. "For our services and expenses, including the fees of our Attorneys, the necessary publication of Notices and Ordinances, preparation, printing and distribution of the Official Statement, as well as all other directly related expenses of creation, issuance, sale and delivery of the Bonds, we will be paid a fee of .9 of one per cent of the par value of the issue, such compensation to be payable only at the time of delivery of the Bonds to the purchasers and receipt of the proceeds by the City. If the Bonds are not actually sold and delivered, you will own us nothing, but if the Bonds are re -advertised or efforts are otherwise resumed to accomplish substantially the same purpose, we will be allowed to resume our efforts and be compensated accordingly as set forth above upon completion of sale and receipt of proceeds by the City. "Your approval of this proposal by usual Resolution will place our facilities at your disposal, and we stand in readiness to your further call. Respectfully submitted, STEIN BROS. AND BOYCE, INC. By /s/ H. L. Sullivan Harold L. Sullivan, V. Pres. APPROVED BY RESOLUTION SEPTEMBER 1968 By City Clerk " SECTION 2. This Resolution shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners September 17, 1968 Recorded by Sarah Thurman, City Clerk, September 17, 1968