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HomeMy WebLinkAbout04377 ORD - 10/26/1955AC:10 /26/55 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER INTO AN AGREEMENT WITH McCLUNG & KNICKERBOCKER, INVESTMENT SECURITIES, HOUSTON, TEXAS, WHEREBY SAID FIRM AGREES TO FURNISH CERTAIN PERSONAL AND PROFESSIONAL SERVICES IN CONNECTION WITH THE CITY'S BONDS, WARRANTS, AND OTHER FORMS OF INDEBTEDNESS WHETHER NOW OUTSTANDING OR TO BE ISSUED, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER INTO AN AGREEMENT WITH MCCLUNG & KNICKERBOCKER, INVESTMENT SECURITIES, HOUSTON, TEXAS, WHEREBY SAID FIRM AGREES TO FURNISH CERTAIN PERSONAL AND PROFESSIONAL SERVICES IN CONNECTION WITH THE CITY'S BONDS, WARRANTS, AND OTHER FORMS OF INDEBTEDNESS WHETHER NOW OUTSTANDING, OR TO BE ISSUED, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE FACT THAT A FISCAL AGENT IS NECESSARY IN GIVING ADVICE AND RECOMMENDATIONS TO THE CITY IN CONNECTION WITH THE CITY'S BONDS, WARRANTS, AND OTHER FORMS OF INDEBTEDNESS CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO £Y,IST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE gN DAY OF 1955- ATTES C I iY SE C'R ET/-rvY 4 APPROVED AS TO LEGAL FORM OCTOBER A_� 1955: CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS Y 27� AC; O /26/55 AGREEMENT T}N_ STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT ENTERED INTO THIS DAY OF BE -rWFEN THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, HEREINAFTER CALLED ''CITY', AND MCCLUNG & KNICKERBOCKER, INVESTMENT SECURITIES, OF HOUSTON, TEXAS, HEREINAFTER CALLED "FISCAL AGENT ", W IT N k S S E T N y THE CITY DESIRE$ TO EMPLOY A FISCAL AGENT AND FINANCIAL ADVISOR TO FU R141SH PERSONAL AND PROFESSIONAL SERVICES IN CONNECTION WITH MUNICIPAL BONDS,, WARRANTS, NOTES AND OTHER FORMS OF INDEBTEDNESS, WHETHER NOYW OUTSTANOING 04 TO BE ISSUED. THE CITY MEAEBY APPOINTS MCCLUNG & KNICK£RSOCKER AS ITS FISCAL AGs.NT AND FINANCIAL ADVISOR TO PERFORM THE SERVICES HEREINAFTER STATED. THE P13CAL AGENT AGREES: 9. TO MAXE AVAILABLE TO THE CITY AT ALL REASONABLE TIMES, THE SERVICES OF A QUALIFIED REPRESENTATIVE OF MCCLUNG & KNICKERNOCKER (WHO SHALL OE SOME EXCCUTIVE OFFIC:£R) FOR THE PURPOSE Of CONFERRING WITH, ADVISING, AND ASSISTING CITY OFFICIALS, ATTORNEYS, ENGIN£ERS AND OTHER PROPER PERSONS ON ALL MATTERS PERTAINING TO MUNICIPAL BONDS, OR OTHER FORMS OF INDEBTEDNESS WHETHER NOW OUTSTANDING OR TO BE ISSUED. 2. TG WORK WITH AND ASSIST A NATIONALLY RECOGNIZED FIRM OF ATTORNEYS TO BE EMPLOYED AND PAID BY THE CITY IN DRAFTING THE TERMS OF ALL RESOLUTIONS, COVENANTS, AND ALL OTHER ORDERS AND NOTICES NECESSARY TO THE AUTHORIZATION, ISSUANCE, SALE AND DELIVERY OF SUCH SECURITIES, 3. TO ADVISE THE CITY OF CURRENT BOND MARKET CONDITIONS, FORTH- COMING BOND ISSUES AND OTHER GENERAL INFORMATION AND ECONOMIC DATA WHICH MIGHT NORMALLY BE EXPECTED TO INFLUENCE INTEREST RATES OR BIDDING CONDITIONS TO THE END THAT THE DATE FOR THE SALE OF THE BONDS CAN BE SET AT A TIME WHICH, IN THE FISCAL AGENTS OPINION, WILL BE FAVORABLE. 4. TO COUNSEL AND ADVISE WITH AND RECOMMEND TO THE PROPER CITY OFFICIALS AND EMPLOYEES AS TO MATURITY SCHEDULES, OPTIONAL PROVISIONS AND OTHER TERMS AND COVENANTS TO BE CONTAINED IN THE BONDS OR OTHER FORMS OF INDEBTEDNESS IN ORDER TO ARRANGE SUCH MATURITIES, COVENANTS AND PROVISIONS IN SUCH A MANNER WHICH WILL, IN THE FISCAL AGENT'S OPINION, ENHANCE THE CITY'S CHANCES OF MARKETING ITS PRESENT AND FUTURE OBLIGATIONS TO THE BEST ADVAN- TAGE WITH DETAILED STATEMENTS OF THE REASONS FOR THE RECOMMENDATIONS. 5. To PREPARE AND LOOK AFTER THE PUBLISHING IN LEADIMS FINANCIAL JOURNALS OF OFFICIAL NOTICES OF SALE, CONTAINING FINANCIAL DATA AND OTHER INFORMATION OF THE NATURE AND TO THE EXTENT ORDINARILY REQUIRED BY MUNICIPAL SECURITIES DEALERS IN 6SDOING ON BONDS, AND A UNIFORM BIDDING FORM, ALL OF WHICH THE FISCAL AGENT IB TO FURNISH TOGETHER WITH A LIST OF PROSPECTIVE BIDDERS. THE FISCAL AGENT AGREES TO RECOMMEND THE CONTENT AND SUPERVISE THE PREPARATION OF A PROSPECTUS. THE CITY AGREES TO ATTEND TO AND PAT FOR THE PRINTING AND MAILING OF THESE NOTICE$ OF SALES AND PROSPECTUS. u. THE FISCAL AGENT AGREES TO RECOMMENC STEPS TO,SE TAKEN IN ORDER TO PROPERLY PRESENT THE rin ANCtAL AND ECONOMIC SITUATION OF THE CITY WITH THE NATIONAL FINANCIAL RATING AGENCIES AND TO SUPERVISE, ASSIST AND ADVISE THE CITY iN THE PREPARATION OF NECESSARY DATA IN ORDER TO OBTAIN THE BEST POSSIaLE RATING 3T SUCH AGENCIES. F. TO ASSIST AND RECOMMEND STEPS TO OE TAKEN TO REFUND OR RETIRE ANY EXISTING BONDS,, TO ALTER OR AMEND ANY EXISTING BOND COVENANTS AND PRO - VISSONS,; AND TO OFFER ANY OTHER RECOMMENDATION OR COUNSEL REQUESTED BY THE CITY OR THAT WILL, IN THE FISCAL AGENTS OPINION, O£ BENEFICIAL TO THE CITY itf ITS FINANCING PROGRAM, WITH DETAILED STATEMENTS OF THE REASONS FOR SUCH RECOMMENDATIONS. S. IT SS UNDERSTOOD THAT THE FISCAL AGENT WILL HAVE THE RIGHT TO SUBMIT A BiD FOR BOND', AND OTHER FORMS OF iNDEBTEDMEII OFFERED FOR SALE DURING THE TERM OF SAID FISCAL AGENT'S SERVICES, SUBJECT IN EACH CASE TO THE APPROVAL OF THE CITY COUNCIL PRIOR TO THE ADVERTISEMENT FOR ANY BID. 9. TO ASSIST THE CITY IN THE SELECTION OF AN EXPERIENCED FIRM DF BoND PRINTERS TO THE END THAT SUCH WORK WILL BE DOME PROPERLY AND AT A LOW COST TO THE CITY. As CONSIDERATION FOR THE SERVICES RENDERED BY THE FISCAL AGENT AND AS REIMBURSEMENT FOR THE EXPENSES WHICH SAID FISCAL AGENT IS TO INCUR, It IS UNOLhSTOOD AND AGREED THAT THE CITY SHALL PAY AND THE FISCAL AGENT is TO ACCEPT A CASH FEE TO BE COMPUTED AS FOLLOWS* SEVENTY -FIVE CENTS 4.75) PER 41,Ow BOND OR OTHER FORM OF INDEBTEDNESS SOLD AND DELIVERED ON WHICH THE FISCAL AGENT IS PERMITTED BY THE CITY COUNCIL TO SUNNI' A BID OF ONE DOLLAR ($I.(11)) PER $1,DOO BDIID OR OTHER FORM .2. OF INDEOTEDNE53 SOLO AND DELIVERED ON WHICH SAID FISCAL A�I£nT I'3 NOT PERMITTED BY THE CITY COUNCIL TO SUBMIT A DIOS SAID FEE TO BE DUE AND PAYABLE SIMULTANEOUSLY WITH DELIVERY OF THE BONDS TO THE PURCHASER. THE CITY AGREES TO REIMBURSE THE FISCAL AaEMT FOR OUT -OF +POCKET EXPNNSESS INCLUDING TRAVELS HOTEL AND TELEPHONES INCURRED IN CONNECTION WITH THE PERFORMANCE OF THE ABOVE SERVICES; AND STATEHENT9 FDR SUCH OUT- OF•POCXET EXPENSES SHALL BE RENDERED MONTHLY AND SHALL SNOW THE NUMGEIR OF DAYS OF SERVICES PUANISWEO TO THE CITY, AND no KX€rENSE ITEMS INVOLVING MORE THAN $100.00 SHALL 8E INCURRED WITHOUT THE CITYrS PRIOR APPROVAL, THIS AGREEMENT SHALL SE BINDING ON GOTH PARTIES. HOWEVER, EITHER PARTY MAY TERM3NATI. THIS AGREEMENT IMMEDIATELY FOLLOWING THE COMPLCTION., OF THE FIRST BOND SALES BY G{ViMG. tITLEEN (15) DAYS NOTICE IN WR /79tIG TO THE OTHER PARTY. THIa AGREEMENT SHALL NOT# HOWEVER, BE BINDING 09 THE CITY BEYOND APRIL. 1, 19575 AND SHOULD THERE BE NO BOND ISSUE SOLD PRIOR To APRIL 1, 1gr)7, THE CITY SHALL PAY THE FISCAL AGENT FOR HIS SERVICES AT THE RATE OF FIFTY S)OLLARS ($j�0.00) PER DAY FOR THE - IUMBER OF DAYS OF SERVICE RENDERED aY SAID FISCAL AGENT 114 PERFORMING THE ASOVE DUTIES, AS SHOWN �Y SAID MONTHLY STATE- MENTS. EXECUTED IN DUPLICATE, THIS THE DAY or 1T)5. THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: SY RUSSZLL t. MCCLURES CITY MANAGER CITY ECRE[AKY APPROVE) AS TO LEGAL FOW OCTOBER , 1955; CITY ATTORNEY McCLUNG A KNICKERBOCKER INVESTMENT SECURITIES HOUSTON, TEXAS HT W. E. KNICKERBOCKERS rUTORIZEO E*X—E6rl4TATIVE CORPUS rVI IST�l TLX S i ' � 195 5 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH OROINANCE-OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCI!.: 11 THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESEI!T MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI lo�„ W. J. ROBERTS B. E. BIGLERe MANUEL P. MALDONADO `f3��