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HomeMy WebLinkAbout90-96 - ADMIN Resolution - City Council - 1990/07/16RESOLUTION NO. cin -QA RESOLUTION APPOINTING THE LAW FIRM OF POPHAM, HAIR, SCW OBRICH & KAUFMAN, LTD. AS BOND COUNSEL FOR FINANCINGS UNDERTAKEN BY AND THROUGH THE CITY OF QST. LOUIS PARK, MINNESOTA BE IT RESOLVED by the City Council (the "Council") of the City of St. Louis Park, Minnesota (the "City"): SECTION 1 Recitals 1.01 From time to time, the City may undertake financings, refinancings or refundings on its own behalf through the issuance of bonds or other evidences of indebtedness of the City, whether payable from the full faith and credit of the City or from specified limited sources. 1.02 From time to time, the City may be requested to •undertake financings, refinancings or refundings by parties other than the City as then may be permitted by the laws of the State of Minnesota for the benefit of such other parties through the issuance by the City of bonds or other evidences of indebtedness payable solely from specified revenues and not from the full faith and credit of the City. 1.03 The issuance and marketing of such bonds and evidences of indebtedness, whether or not the interest thereon is excludable from gross income of the recipient thereof for federal income tax purposes, requires the opinion of counsel as to validity and, if applicable, tax -exemption ("bond counsel"). 1.04 The firm of Popham, Haik, Schnobrich & Kaufman, Ltd. currently serves as counsel to the City and is listed in The Bond Buyer's Mun_ici nal Marketplace as a firm of municipal bond attorneys. SECTION 2 Auoointment 2.01 The'firm of Popham, Haik, Schnobrich & Kaufman, Ltd. is hereby appointed sole bond counsel in connection with the issuance of bonds and other evidences of indebtedness by the City, whether on its own behalf or for the benefit of other parties as permitted by law. 2.02 This appointment shall not constitute an approval to proceed with any financing or the issuance of any bonds or other evidences of indebtedness by the City without the express subsequent approval of the Council. 2.03 The term of this appointment shall be until revoked by future action of the Council. 17-13:n1 O _. II int- 'Y.4, L10' 3El'4d 11:1101 *'+ 2.04 If and when the City determines to proceed with the issuance of any evidences of indebtedness on its own behalf for its own benefit, the City Manager is authorized to negotiate bond counsel compensation. 2.05, 'If and when the City is requested to issue evidences of indebtedness for the benefit of a party other than the City, such party shall be informed of this appointment and that the fees and expenses of bond counsel shall be the responsibility of such party. As a part of the application process for the issuance of such bonds or other evidences of indebtedness, such party shall enter into a fee agreement with Popham, Haik, Schnobrich & Kaufman, Ltd. agreeing to pay the fees and expenses of such firm as bond counsel and agreeing to hold the City harmless for all such fees and expenses. 2.06. This appointment as bond counsel shall be separate and distinct from, and in addition to, Popham, Haik, Schnobrich & Kaufman, Ltd. serving as counsel to the City in connection with such financings. 2.07 This resolution shall take effect on its passage for the issuance of bonds or other evidences of indebtedness on or after that date. Adopted by the City Council July 16, 1990 lo 44,111, 4111 Mayor Reviewed for administration: Approved as to form and execution: fir4 r, ,a)(norikk City Manager :1a4aat. Pave -Sha. City Attorney _2