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HomeMy WebLinkAbout20057 RES - 11/10/1987A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH M. E. ALLISON & CO., INC. FOR FINANCIAL ADVISORY SERVICES IN CONNECTION WITH THE FINANCIAL PLANNING FOR THE REMAINING INSTALLMENTS OF THE $106,365,000 CAPITAL IMPROVEMENT PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a contract with M. E. Allison & Co., Inc. for financial advisory services in connection with the financial planning for the remaining installments of the $106,365,000 Capital Improvement Program, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ATTEST: City Secretary / g �7�Gu[ GL/ 'YOR / APPROVED: 3o40AY OF Qr7' , 197 HAL GEORGE, CITY ATTORNEY B Y - Assista t City Attorney 204RP025.RES THE CITY OF CORPUS CHRISTI, TEXAS 20057 MICROFILMED . FINANCIAL ADVISORY CONTRACT.. (M.A.C. Form C-1 Revised. Standard Form of Agreement between Political Subdivision and Financial Advisor Covering Issuance of Securities. Form approved by the Municipal Advisory Council for Use of Members Only.) Date October 23, 1987 To City of Corpus Christi, Texas P.O. Box 9277 Corpus Christi, Texas 78408 Gentlemen: 1. We understand that you are contemplating the issuance of securities of the kinds, in the amounts, and for the purposes indicated as follows: $80,740,000 General Improvement Bonds (Authorized) and that in connection with the issuance of these securities you desire this proposal from us to perform professional services in the capacity of Financial Advisor for Your City (hereinafter called "Issuer"). 2. By this proposal we offer our professional services and our facilities as Financial Advisor for the issuance and sale of the above-described securities, and in that capacity we agree to perform the following duties, and to perform such other duties, as, in our judgment, may be necessary or advisable: a. We will make a survey of the financial resources of the Issuer to determine the extent of its borrowing capacity. This survey will include an analysis of the existing debt structure as com- pared to existing and projected sources of income which may be pledged to secure payment of debt service, and where appropriate, will include a study of the trend of the assessed valuation of the Issuer, the Issuer's taxing power, and the present and estimated future taxing requirements. If the revenues of a system or facility are to be pledged to repayment of the securities in ques- tion, the survey will take into account any outstanding obligations which are payable from the net revenues thereof, additional net revenues to arise from any proposed rate increase, and the additional net revenues as projected by your consulting engineers as a result of the improve- ments to be financed by the securities in question. We will also take into account your future financing needs and operations as projected by your staff and/or your consulting engineers and other experts. b. On the basis of the information developed by the survey described in the above and foregoing paragraph, and on the basis of other information and experience available to us, we will submit our written recommendations on the financing in question. Our plan will include recommenda- tions as to the date of issue, interest payment dates, schedule of principal maturities, options cf prior payment, and any other necessary additional security provisions designed to make the is- sue more attractive to investors. All recommendations will be based on our best professional judgment, with the goal of designing securities which can be sold under terms most advan- tageous to Issuer, and at the lowest interest cost consistent with all other considerations. c. We will advise you of current bond market conditions, forthcoming bond issues, and other gen- eral information and economic data which might normally be expected to influence the interest rates or bidding conditions, so that the date for the sale of the securities can be set a time, which, in our opinion, will be favorable. d. If it is necessary to hold an election to authorize the securities, we will, under the direction of the bond attorneys, assist in coordinating the assembly and transmittal to the bond attorneys of such data as may be required for the preparation of the necessary petitions, orders, resolutions, notices and certificates in connection with the election. e. We will coordinate the preparation and submission of the Official Notice of Sale, the Official Statement or Offering Statement, and such other market documents which you may require. We will also supervise preparation of the uniform bid form, containing provisions recognized by the municipal securities industry as being consistent with the securities offered for sale. We will submit to you all such offering documents, including the Official Statement, for your proper examination, approval and certification. After such examination, approval and certification we will furnish you with a supply of such documents and shall mail a set of the same to a list of prospective bidders, a copy of which list shall be submitted to you upon request. We will also supply sufficient copies of the Official Statement or Offering Statement to the purchaser of the securities in accordance with the terms of the Notice of Sale. f. We will make recommendations to the Issuer on the matter of bond rating(s) ,for the proposed issue and when directed by you shall coordinate the preparation of such information as in our opinion is required for submission to the rating agency (ies). In those cases where the advisa- bility of personal presentation of information to the bond rating agencies may be indicated, we will arrange for such personal presentation. g. If the securities are to be sold at public sale we will disseminate information to prospective bidders, we will organize such information meetings as in our judgment may be necessary, and will work with prospective bidders to assist them in timely submitting proper bids. We will assist you at the bond sale for the purpose of coordinating the receipt of bids, and the furnishing of good faith checks where indicated, and for the purpose of tabulation and comparison of bids, and will advise you as to the best bid, and will provide our recommendation as to acceptance or rejection of such bid. As soon as a bid for the bonds shall be accepted by you, we will proceed to coordinate the efforts of all concerned to the end that the bonds may be delivered and paid for as expeditiously as possible. We shall assist you in the preparation of verification of final closing figures, and when requested, will provide suggestions on a program of temporary investment of bond proceeds, in consultation with the Issuer's architect or consulting engineer, consistent with the construction timetable for the project. h. We will act as your agent in arranging for the printing of the securities, and will submit same for execution and impression of seal, and we will attend to their delivery to the Attorney General for approval and the Comptroller of Public Accounts for registration, it being understood that title to and ownership of the printed securities shall be in the Issuer until they are sold and de- livered to the purchaser. After closing we will deliver to you and your paying agent (s) definitive debt records, including a schedule of annual debt service requirements on the obligations being delivered to the purchaser. 3. We agree to direct and coordinate the entire program of financing herein contemplated. In that con- nection we understand that you have retained or expect to retain w Dallas, Texas a firm of recognized municipal bond attorneys, who will prepare the proceedings and advise the steps necessary to be taken to issue the securities and who will issue an opinion approving their legality. We will maintain liason with this firm of bond attorneys and shall assist in all financial advisory aspects involved in the preparation of appropriate legal proceedings and docu- ments. Where the issuance and sale of the securities, and construction of the project in question, requires the approval of any state or governmental agency, we shall assist you in the preparation of all financial information required for inclusion in applications for such approval, and when requested by you, shall appear on your behalf to provide appropriate testimony at public hearings before state and othe% govern- mental commissions and boards. We will also be available to participate with you in any preliminary con- ferences with the staffs of any state or governmental agencies involved, and we will, for qualified proj- ects, coordinate the preparation of financial assistance applications required for state involvement. 4. In consideration for the services rendered by us in connection with the issuance and sale of the above-described securities it is understood and agreed that our fee will be as follows: 1. Computed on the attached Exhibit A and based on the principal amount of each bond sale. 2. In the event the City advance refunds any of its presently outstanding ;general improvement bonds in conjunction with the issuance of any of the bonds covered under this contract the financial .advisory fee will be negotiated and paid from the cost of issuance account of the refunding. In consideration of the above fee we will assume and be responsible for the following expenses: All travel and communication of firm employees within the State of Texas. —2— FINANCIAL ADVISORY FEE SCHEDULE June 16, 1986 GENERAL OBLIGATION BONDS More Than And Not More Than $ -0- $ 250,000 250,000 350,000 350,000 500,000 500,000 700,000 700,000 1,000,000 1,000,000 1,500,000 1,500,000 5,000,000 5,000,000 10,000,000 10,000,000 20,000,000 20,000,000 No Limit $3,660 plus $14.60 per $1,000 for all over $150,000 $5,130 plus $8.05 per $1,000 for all over $250,000 $5,940 plus $4.40 per $1,000 for all over $350,000 $6,600 plus $4.30 per $1,000 for all over $500,000 $7,450 plus $4.10 per $1,000 for all over $700,000 $8,680 plus $3.95 per $1,000 for all over $1,000,000 $10,659 plus $2.50 per $1,000 for all over $1,500,000 $17,845 plus $1.60 per $1,000 for all over $5,000,000 $24,816 plus $1.25 per $1,000 for all over $10,000,000 $33,615 plus $0.60 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligations, the fee shall be the amount computed from the above schedule plus 25%. INSTALLMENTS Multiple installments of any authorization are considered as one installment and are to be calculated as such. Our fee and reimbursable expenses shall become due and payable simultaneously with the delivery of the securities to the purchaser. 5. In the ev nt any bond election e necessary, if such electi shall fail, the fee d us shall be • owever, should the same similar propositions a in be submitted to election 4eld within months from date hereof, en at our option th greement covered by this pr6Posal shall apply to a such securities. 6. It is further understood and agreed that we reserve the right to submit a bid for the securities when offered for sale. 7. This agreement shall be terminated by the delivery to the purchaser of all the securities covered hereby, whether delivered all at one time, or in installments. 8. Special Conditions. In addition to the terms and obligations herein contained, this proposal and agreement is subject to the following special conditions: 1. M. E. Allison & Co., Inc. will incur and pay on behalf of the City the approved expenses in relation to the issuance of the Bonds and will submit said expenses for reimbursement at closing. Approved expenses will include, but not limited to, printing and shipping of official notice of sale, statement and bid forms, printing of bonds, rating agency fees and travel expenses in relation thereto, bond sale advertisements, Attorney General fees, etc. 2. City will pay Bond Attorney and Paying Agent/Registrar directly. 3. This agreement shall be construed and subject to such terms and conditions as required by the Charter of the City of Corpus Christi. 9. This proposal is submitted in duplicate originals. When accepted by Issuer it will constitute the entire agreement between Issuer and the undersigned for the purpose and considerations herein specified. Your acceptance will be indicated by proper signatures of your authorized officers or representatives on both copies and the returning of one executed copy to us: Respectfully submitted, Firm: M. E. Allison & Co., Inc. By , Authorized Representative Senior Vice Pres. ACCEPTANCE ACCEPTED pursuant to adopted by the City Council of Corpus Christi, Texas on this ATTEST: of ,1987 . Title City Secretary (SEAL) • MAC. Form C-1 Rev. June, 1982 Title City Manager APPROVED this day of -Gc-/ P/ , 1987. HAL GEORGE, CITY ATTORNEY a Assistant City-ttorn The above resolution Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.066.01 Corpus Christi, Texas U day of (J..Q/}t,tL/f) , 1982 was passed by the following vote: D J 6/141'n �tlp� --d- 20057