HomeMy WebLinkAbout0266 ResolutionRESOLUTION NO.
$ EMEAS, . This city council of the City of Pasco, Washington
and the Uayor heretofore have duly taken action to employ the firm
of Graves, Kizer & Graves, Spokane, Washington, for X2500.00 as
special attorney in connection with the proposed general obliga-
tion bond issue for water filtration plant purposes; and
:7HMIELS, The teals and conditions of said employment are set
forth in the letter of August 22, 1946 from the Mayor to Graves,
Kizer & Graves and the letter of August 23,-1946 from Graves, Kizer
& Graves to the L ayor, copies of which letters are on file with
the City Clerk; and
HERULS, It is the desire of this city council to set forth
and confirm said employment and teras and conditions in a formal
resolution:
- NOS? ItMEFORE, Be it resolved that the law firm of Graves,
Kizer & Graves, Spokane, Jashington, is hereby employed at com-
pensation of X2500.00 as special attorney in connection with the
proposed general obligation bond issue for ,water filtration plant
purposes, upon'the following terms and conditions:
1. The fee or compensation for services of Graves,
Kizer & Graves is the sum of ;;2500.00, in addition to
which if the firm deems it necessary, the City of Pasco
will pay the expense of a trip to Portland, Oregon, for
the purpose of conference between said f irm . and the
city's engineers, John 1. Cunningham and Associates.
2, The City of Pasco will include said fee or com-
pensation in the Water Department budget for the year
1947, and upon completion of said firm's work upon the
bond issue, the city will issue to the firm a warrant.
in the amount of Y2500.00 plus the amount of said con-
tingent travel expense if incurred. Said warrant will
be paid by the city in the fore part of the year 1947
out of said budget for that year.
3. The said firm will prepare all proceedings nec-
essary in its opinion for the issuance of the bonds con-
templated and for their validity, and will give to the
city in writing directions concerning their use. If the
bonds are voted by the electors, and if the proceedings
are taken in the manner and form prescribed by said firm,
the firm will give the city its legal approving opinion
upon the validity of the bonds. Said firm's services
will cover all proceedings to and including the final
sale and delivery of the bonds to the: --purchaser; and
said firm will take such steps as..in:its opinion may be
required to eliminate the unissued authorization for
revenue bonds passed by the city council in a previous
year.
4. If said firm should conclude that it is riot
possible for the City of Pasco to issue general obliga-
tion bonds in the sum contemplated (.$127,000.00 to
X132,000.00), or if said firm should conclude that the
necessary proceedings can not b:e'prepared-in time to be
submitted to the voters of,the city at the next general.
election (November 5, 1946),. said firm will so advise
the city; and thereupon all obligation on thepartof
the city or on the part of said firm will cease.
A
5. If said firm determines that the contemplated
bonds can, in its opinion, be validly issued and if
said firm submits to the city an ordinance sufficient
in said firm's opinion for the purpose, in time to be
voted upon in the manner required, then said firm will
not be held responsible for any failure of the voters
of the City of Pasco to authori-ze the issuance of the
bonds. In other words, in such events said firm will
have earned its fee or compensation whether said
voters approve or disapprove the proposition submitted
to them.
6. The City of Pasco and its off icials, as an
essential part of the agreement, will supply said firm
or its.associates promptly with such information as
they may desire and will take such corporate action as
said firm may advise:
Passed by the Council this_ day of
mayor
Attests _
_Y
City Clerk
Approved as to form:
City o ney
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