HomeMy WebLinkAboutRES 12-169 RESOLUTION NO. 12-169
WHEREAS, the City of Beaumont, Texas (the "City") proposes to issue General
Obligation Refunding Bonds, Series 2012 (the "Bond"); and,
WHEREAS, in order to proceed with the issuance of the Bond, the City desires to
authorize the employment of bond counsel;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City is authorized to and hereby employs Orgain, Bell & Tucker, LLP,
Beaumont, Texas, as bond counsel for the issuance of the Bond, pursuant to the terms of
the engagement letter dated July 11, 2012, presented by Orgain, Bell & Tucker, LLP, to
the City, attached hereto as Exhibit"A;" and,
BE IT FURTHER RESOLVED THAT the City and its bond counsel are authorized
to proceed with taking all action appropriate for the issuance of the Bond; provided,
however, that the Bond shall be issued only if the final terms and provisions thereof are
hereinafter approved by the City Council.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2012.
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ORGAIN BELL&nCKER,LLP
ATTORNEYS AT LAW
Bownra i(The Woodlands I Silsbee Benny H.Huhes
470 odOM Sheet I PA.Box 1751
BeeWOK Tom 77704.1751
409.838.6412,at 386 f Dbw 4o9.951.7465
Fax 409.961.7365
Emd.bhh*abtcom or BennyFiuMmemomm
Olherolllm!n Hou w-The ft0d M&
aW Sicbee I or&*et www.obt.com
July 11, 2012
City of Beaumont
Attention: Kyle Hayes, City Manager
901 Main Street
Beaumont,Texas 77701
Re: General Obligation Refunding Bonds,Series 2012
Dear Mr. Hayes:
This letter will confirm the terms of our engagement as bond counsel to the City of
Beaumont,Texas (the"City")relating to the City's proposed issuance of its General Obligation
Refunding Bonds,Series 2012,in the principal amount yet to be determined (herein referred to
as the"Refunding Bonds").
As bond counsel, the services to be provided by our firm will include(1)preparation and
drafting of all documents customarily prepared by bond counsel in order to issue the Refunding
Bonds, (2)preparation and delivery of our firm's opinions relative to the tax-exempt status of the
Refunding Bonds and the absence of registration requirements, (3)review of any official
statements used to market the Refunding Bands, (4)review of the disclosures made by the City,
(5)preparation and filing of documents necessary to obtain approval of the Attorney General of
the State of Texas and registration of the Refunding Bonds with the Comptroller of Public
Accounts,(6)review and examination of bond insurance agreements, if applicable,and(7)
review of any Bond purchase agreement proposed by the underwriters for the Refunding Bonds.
We will provide these services to the City for a fee equal to 15 basis points (i.e. 0.15%)
of the face amount of the Refunding Bonds issued,but subject to a minimum fee of$17,500.00
per series. The fee will be payable only at the time of delivery of the Refunding Bonds. This fee
does not include any fee for co-bond counsel, should the City elect to employ one.
In addition to payment of the fees set forth above, the City will reimburse our fine for the
reasonable and actual out-of-pocket expenses incurred in each financing transaction. Such
expenses typically average approximately$2-3,000 per transaction. These expenses are in
addition to the expenses the City will incur for publication costs and the fee payable to the Texas
Attorney General's Office for its examination and approval of the Refunding Bonds.
EXHIBIT "A"
City of Beaumont
July 11,2012
Page 2 of 2
We very much appreciate the opportunity to Serve the City in this matter.
Sincerely yours,
ORG B &TUCKER,LLP
Benny ghes
k
BHH/lr
cc: Ms. Laura Clark
Chief Financial Officer
City of Beaumont
801 Main Street
Beaumont,Texas 77701