Loading...
HomeMy WebLinkAboutResolution No. 1966-03 O- 0 ' MICROFILMED 4-10-80 RESOLUTION NO. ‘4, —:5 A RESOLUTION AUTHORIZING ATTACHED AGREEMENT WITH CITY ATTORNEY IN RE : CERTAIN SERVICES IN REGARD TO FINANCING MUNICIPAL IMPROJVEMENTS; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS : SECTION 1. The Contract which is attached hereto and by this reference made a part hereof is hereby approved and the Mayor, attested by the City Clerk is hereby authorized to execute the said Agreement on behalf of the City. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral thisl8th day of January ?9.66.. ��rF .F�`'r;axt`Ati !F`�y ,744 , t le 40 /"▪`_4 1"i'��5r v 0.r.✓J �)C00 iI � �..� , , , . Mayor ,ro '!k• rr,, p`u E,y, ;a t ,,e,' r tie 1N1F..: i r 4A j9 'C2er .q.@a ;1, 4, .,,Lt WE '%b 0r v Approved as to form: // 4 zi„ //�f„ .i 1 , t: ney� A/OCRS/yap AGREEMENT Agreement made this 18 day of January_195,C between the City of Cape Canaveral, Florida, a municipality organized under Special Act of the Legislature of the State of Florida, hereinafter referred to as, the first party, ,and T. David Burns, City Attorney for the City of Cape Canaveral, Florida, duly licensed and qualified to practice . law in the State of Florida, hereinafter referred to as the second party: WITNESSETH: That the first party does hereby employ the second party as attorney for the first party, to do and perform the legal services hereinafter mentioned. NOW THEREFORE, for and in consideration of the sum of. $1 .00 paid by each of the parties hereto to the other, receipt of which is hereby acknowledged by each of the said parties, and in consideration of the covenants and promises herein contained, as agreed upon by the parties hereto, the party of the second part agrees to provide the following services, to wit : • 1. The party of the second part will advise the party of the first part with respect to the necessary provisions and covenants to be contained in the authorizing legal proceedings for the bond issue, including but not limited to dates of the proposed obligations, maturity schedules, estimated interest rates, based upon comparable issues within the State; call provisions, debt service provisions, reserve funds and other pledges and flow of funds, so that the City of Cape Canaveral' s obligations will command as favorable a market price (conversely as low an average interest cost and discount) as is consistent with the best security which the said City can provide for the proposed bonds . -1- lc) MICROFILMED O • 440-80 2 . Will confer and advise with the bond attorneys, the City Consulting Engineer, and the City fiscal agent regarding the security and other provisions to be contained in the legal proceedings authorizing the said bond issue or issues, and the validation thereof by the Circuit Court of Brevard County,. Florida. The principal amount and type of obligations, covenants, conditions and provisions to be contained in the authorizing proceedings and in the validation proceedings shall be _approved' by the party of the frsas, part for the protection of the City and in the best interests of its citizens. 3 . Willperf orm whatever services. are necessary for setting up and conducting a special election authorizing • the issuance by the City of general obligation bonds and will engage, at the request of the City, in any public hearings, meetings and educational programs necessary to educate and instruct the - citizenry of' the desirability of authorizing"ad valorum" taxation to support needed • public improvement. 4. Will petition for validation and issuance of all bonds, whether it be general obligation bonds or assessment bonds in such amounts as directed by the party of the first part and will do and perform all legal services connected therewith. • •A-s compensation for the services of the second party as hereinbefore set forth, the party of the first part shall pay to the second party monies as follows : 1 % of the total amount of any bonds validated, sold 'and delivered. It is specifically a provision of this contract that the first party will • -2- • r , • . MICROFILMED • 4-10-80 pay nothing to the second party should the bonds be not validated, sold or delivered or authorized by the voters of the City. In- the -event that the said bonds are authorized, validated, sold and delivered the compensation to the second party will be due and payable upon the delivery of said bonds. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. • • ce /`� it ,o" a•1 Canaveral By : Mayor Firs party. • Attest : - City Clerk AA L Wil_ T. 'avid Burns • Second party. e---e7t— itnes s as to second party. `. -3- .