HomeMy WebLinkAboutResolution No. 2011-064
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN ENGAGEMENT LETTER WITH FULBRIGHT
AND JAWORSKI L.L.P., TO SERVE AS SPECIAL BOND
COUNSEL; PROVIDING AN EFFECTIVE DATE
WHEREAS, That the City Council has determined it to be in the best interest of
its citizens to appoint and retain special bond counsel to represent the City in connection
with the issuance of certain bonds; and
WHEREAS, The Colony City Council has determined it to be in the best interest
of its citizens to execute an engagement letter with Fulbright and Jaworski L.L.P., to
serve as special bond counsel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
authorizes the city manager execute an engagement letter with Fulbright and Jaworski
L.L.P., to serve as special bond counsel.
Section 2. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 4th day of October, 2011.
Joe McCourry, Mayor
City of The Colony, Texas
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Christie Wilson, TRMC, City Secretary
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APPROVED AS TO FORM:
77
Jeff Moore, City Attorney`
FULBRIGHT
P ict w o r s k i L. L. P
Attorneys at Law Scott Kortmeyer
Partner
2200 Ross Avenue, Suite 2800 • Dallas, Texas 75201-2784
skortmeyer@fulbright.com • Direct: 214 855 7549 • Main: 214 855 8000 • Facsimile: 214 855 8200
August 26, 2011
The Colony, Texas
6800 Main Street
The Colony, Texas 75056
Re: Economic Development
Ladies and Gentlemen:
We are pleased to submit to you a proposed agreement for Fulbright & Jaworski L.L.P.,
2200 Ross Avenue, Suite 2800, Dallas, Texas 75201 to serve as bond counsel ("Bond Counsel")
to The Colony, Texas (the "City") with respect to the negotiations and structuring of an incentive
package in connection with the City's proposed economic development (the "Economic
Development Project"), and the authorization and issuance of any obligations in accordance
therewith (the "Obligations"). When approved by you, this letter, together with the Additional
Terms of Engagement attached hereto, will become effective and will evidence an agreement
between the City and our firm (the "Representation").
Terms of Engagement
This letter sets out the terms of our engagement in the Representation. Certain of those
terms are included in the body of this letter, and additional terms are contained in the attached
document, entitled Additional Terms of Engagement. That document is expressly incorporated
into this letter, and it should be read carefully. The execution and return of the enclosed copy of
this letter constitutes an unqualified agreement to all the terms set forth in this letter and in the
attached Additional Terms of Engagement.
It is understood and agreed that our engagement is limited to the Representation. We are
not being retained as general counsel, and our acceptance of this engagement does not imply any
undertaking to provide legal services other than those set forth in this letter.
As bond counsel, we expect to perform the following duties:
(1) help facilitate the negotiations and financing structure for an inventive package to
be offered in connection with Economic Development Project, including reviewing legal
issues relating to such financing structure.
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August 26, 2011
(2) in connection with the Obligations and subject to completion of proceedings to
our satisfaction in regards to the financing structure, render our legal opinion (the "Bond
Opinion") regarding the validity and binding effect of the Obligations, the source of
payment and security for the Obligations, and if applicable the federal income tax
treatment of interest on the Obligations;
(3) prepare and review documents necessary or appropriate to the authorization,
issuance, sale, and delivery of the Obligations, and coordinate the authorization and
execution of such documents;
(4) assist you in seeking from other governmental authorities such approvals,
permissions, and exemptions as we determine are necessary or appropriate in connection
with the authorization, issuance, sale, and delivery of the Obligations;
(5) review legal issues relating to the structure of the Obligations;
(6) assist you in reviewing those sections of the official statement, private placement
memorandum, or other form of offering or disclosure document which describe the terms
of the Obligations and the opinion described in paragraph (1) above to be disseminated in
connection with the sale of the Obligations; and
(7) assist in presenting information relating to the legality of the Obligations to bond
rating organizations and providers of credit enhancement if applicable.
The Bond Opinion will be based on facts and law existing as of its date. In rendering our
Bond Opinion, we will rely upon the certified proceedings and other certifications of public
officials and other persons furnished to us without undertaking to verify the same by independent
investigation.
Our engagement is to advise you with respect to legal issues only; we understand that you
have engaged First Southwest Company as your financial advisor, and unless otherwise
instructed by you we will consult and work with your financial advisor in the completion of the
incentive package, financing structure and the issuance of the Obligations. Our duties as bond
counsel specifically do not include:
(1) except as described in paragraph (6) above, or except as specifically engaged for
such purpose, assisting in the preparation or review of an official statement or any other
disclosure document with respect to the Obligations, or performing an independent
investigation to determine the accuracy, completeness or sufficiency of any such
document or rendering advice that the official statement or other disclosure document
does not contain any untrue statement of a material fact or omit to state a material fact
necessary to make the statements contained therein, in light of the circumstances under
which they were made, not misleading;
(2) preparing requests for tax rulings from the Internal Revenue Service;
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(3) preparing blue sky or investment surveys with respect to any obligations;
(4) drafting of state constitutional amendments or preparation of authorizing
legislation;
(5) making an investigation or expressing any view of the creditworthiness of you or
of the Obligations or any obligor therefor;
(6) except if specifically engaged for such purpose, assisting in the preparation of, or
opining on, a continuing disclosure undertaking pertaining to the Obligations and, after
actions necessary to
initial delivery of the Obligations, providing advice concerning any assure compliance with any continuing disclosure undertaking;
(7) responding to Internal Revenue Service audits or Securities and Exchange
Commission investigations; or
(8) any other matter not specifically set forth above that is not required to render the
Bond Opinion.
Our Personnel Who Will Be Working on this Engagement
Bob Dransfield and I will be working on this Engagement, and you may call, write, or e-
mail either of us whenever you have any questions about the Representation. Other firm
personnel, including firm lawyers and paralegals, will participate in the Representation if, in our
judgment, their participation is necessary or appropriate.
Our Legal Fees and Costs
A. Incentive Packajze
Legal fees and costs are difficult to estimate. Accordingly, we have made no
commitment concerning the maximum fees and charges that will be necessary to resolve or
complete the Representation. It is expressly understood that payment of our fees and charges is
in no way contingent on the ultimate outcome of the Representation.
From time to time, we may furnish estimates of legal fees and other charges that we
anticipate will be incurred in connection with the Representation. Such estimates are by their
nature inexact because of the potential for unforeseeable circumstances; and therefore, our actual
fees and other charges may vary from such estimates.
Our fees for the Representation in connection with the negotiations and structuring of the
incentive package will be based on the time spent by firm personnel, primarily firm lawyers or
paralegals, who participate in the Representation. Generally, our hourly billing rates range from
$500 to $700 for partners, from $330 to $365 for associates, and from $50 to $250 to legal
assistants. Our fees will be billed on a monthly basis. Billing rates for attorneys, paralegals, and
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August 26, 2011
other personnel are reviewed annually and generally are revised at the beginning of each year to
reflect the increased experience of our personnel. We will charge for all time spent by such
personnel in the Representation in increments of quarters of an hour. For example, we charge for
time spent in the following: telephone and office conferences with clients, representatives of
clients, opposing counsel, and others; conferences among our attorneys and paralegals; factual
investigation if needed; legal research; responding to requests from you or your other counsel;
drafting letters and other documents; and travel, if needed.
B. Obligations
For the services performed in connection with the issuance of Obligations in connection
with the Representation, we will be paid a fee as set forth on the attached schedule of fees. Such
fees(s) shall be paid from the proceeds of the sale of the Obligations or from other funds, as the
Issuer deems appropriate, and, except to the extent otherwise provided herein, are contingent on
a successful closing of the Obligation sale unless otherwise agreed to by the parties hereof. We
customarily do not submit any statement for fees and out-of-pocket expenses until the closing of
the sale of Obligations; however, if there is a substantial delay in completing the financing or if it
is determined that the financing will not proceed to a closing, we will submit a statement for any-
out-of-pocket expenses reasonably incurred.
In addition to our fees for rendering professional services, you will compensate us for
expenses and non-professional services incurred incident to the performance of our legal
services, such as photocopying, delivery charges, travel expenses, long-distance telephone calls,
facsimile transmissions, overtime for secretaries and other nonlegal staff, specialized computer
applications such as computerized legal research, and filing fees, whether or not the Obligations
are issued.
In the event we are requested by the Issuer to perform services beyond the scope of Bond
Counsel or to perform services as Bond Counsel, including the issuance of a legal opinion or
formation of a corporate subsidiary, which are not directly related to the issuance of Obligations,
the Firm's hourly rates apply and the fees are not contingent. Any such work that is not directly
related to an offering of Obligations or that is beyond the scope of Bond Counsel must be
specifically authorized by the Issuer prior to such work being performed. Our statements for any
such hourly services and expenses relating to such work will normally be rendered on a monthly
basis and are due and payable upon receipt by you.
There shall be no individual liability to any member of the City Council of the Issuer, or
any other official of the Issuer for the payment of any amounts due hereunder.
If this agreement is terminated by you and a sale of Obligations which we worked on
closes, we will be entitled to payment of reasonable fees in compensation for the work performed
by us to the date of termination, based upon our standard hourly rates and the time expended on
the transaction.
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Conflicts of Interest
Before accepting the Representation, we have undertaken reasonable and customary
efforts to determine whether there are any potential conflicts of interest that would bar our firm
from representing you in connection with the negotiations and structuring of an incentive
package, and issuance of the Obligations. Based on the information available to us, we are not
aware of any potential disqualification. We reviewed that issue in accordance with the rules of
professional responsibility adopted in Texas. We believe that those rules, rather than the rules of
any other jurisdiction, are applicable to the Representation; and the execution and return of the
enclosed copy of this letter by you represents an express agreement to the applicability of those
rules.
Conclusion
This letter and the attached Additional Terms of Engagement constitute the entire terms
of the engagement of Fulbright & Jaworski L.L.P. in the Representation. These written terms of
engagement are not subject to any oral agreements or understandings, and they can be modified
only by further written agreement signed both by you and Fulbright & Jaworski L.L.P. Unless
expressly stated in these terms of engagement, no obligation or undertaking shall be implied on
the part of either the The Colony, Texas or Fulbright & Jaworski L.L.P.
Please carefully review this letter and the attached Additional Terms of Engagement. If
both documents are acceptable, please sign and return the enclosed copy of this letter so that we
may commence the Representation.
Very truly yours,
meyer
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Page 6
August 26, 2011
THE COLONY, TEXAS, AGREES TO AND ACCEPTS THIS
LETTER AND THE ATTACHED TERMS OF ENGAGEMENT:
THE COLONY, TEXAS
By:
Title: 1&11111(4-4
Date: i' 6 11
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FULBRIGHT & JAWORSKI L.L.P.
Additional Terms of Engagement
This is a supplement to our engagement letter, dated August 26, 2011. The purpose of this
document is to set out additional terms of our agreement to provide the representation described
in our engagement letter (the "Representation") concerning representation of you in connection
with the issuance of the Obligations described in the engagement letter. Because these additional
terms of engagement are a part of our agreement to provide legal services, you should review
them carefully and should promptly communicate to us any questions concerning this document.
We suggest that you retain this statement of additional terms along with our engagement letter
and any related documents.
The Scope of the Representation
As lawyers, we undertake to provide representation and advice on the legal matters for which we
are engaged. It is important for our clients to have a clear understanding of the legal services
that we have agreed to provide. Thus, if there are any questions about the scope of the
Representation that we are to provide in connection with issuance of the Obligations, please raise
those questions promptly, so that we may resolve them at the outset of the Representation.
Any expressions on our part concerning the outcome of the Representation, or any other legal
matters, are based on our professional judgment and are not guarantees. Such expressions, even
when described as opinions, are necessarily limited by our knowledge of the facts and are based
on our views of the state of the law at the time they are expressed.
Upon accepting this engagement on your behalf, Fulbright & Jaworski L.L.P. agrees to do the
following: (1) provide legal counsel in accordance with these terms of engagement and the
related engagement letter, and in reliance upon information and guidance provided by you; and
(2) keep you reasonably informed about the status and progress of the Representation.
To enable us to provide effective representation, you agree to do the following: (1) disclose to
us, fully and accurately and on a timely basis, all facts and documents that are or might be
material or that we may request, (2) keep us apprised on a timely basis of all developments
relating to the Representation that are or might be material, (3) attend meetings, conferences, and
other proceedings when it is reasonable to do so, and (4) otherwise cooperate fully with us.
Our firm has been engaged to provide legal services as Bond Counsel in connection with the
Representation, as specifically defined in our engagement letter. After completion of the
Representation, changes may occur in the applicable laws or regulations that could affect your
future rights and liabilities in regard to the Obligations. Unless we are actually engaged after the
completion of the Representation to provide additional advice on such issues, the firm has no
continuing obligation to give advice with respect to any future legal developments that may
pertain to the Obligations, as specifically defined in our engagement letter. After completion of
the Representation, changes may occur in the applicable laws or regulations that could affect
your future rights and liabilities in regard to the Obligations.
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It is further agreed that the attorney-client relationship terminates upon initial issuance of the
Obligations.
Who Will Provide the Legal Services
Customarily, each client of the firm has a relationship principally with one attorney, or perhaps a
few attorneys. At the same time, however, the work required in the Representation, or parts of it,
may be performed by other firm personnel, including lawyers and paralegals. Such delegation
may be for the purpose of involving other firm personnel with special expertise in a given area or
for the purpose of providing services on an efficient and timely basis.
Our Relationships With Others
Our law firm represents many companies and individuals. In some instances, the applicable
rules of professional conduct may limit our ability to represent clients with conflicting or
potentially conflicting interests. Those rules of conduct often allow us to exercise our
independent judgment in determining whether our relationship with one client prevents us from
representing another. In'other situations, we may be permitted to represent a client only if the
other clients consent to that representation.
Rules concerning conflicts of interest vary with the jurisdiction. In order to avoid any
uncertainty, it is our policy that the governing rules will be those applicable to the particular
office of our firm that prepares the engagement letter for a particular matter. The acceptance by
you of our engagement letter constitutes an express agreement with that policy, unless the
engagement letter specifically states that some other rules of professional responsibility will
govern our attorney-client relationship.
If a controversy unrelated to the Obligations develops between you and any other client of the
firm, we will follow the applicable rules of professional responsibility to determine whether we
may represent either you or the other client in the unrelated controversy.
You understand that we represent many investment banking firms, commercial banks, and other
parties to public finance transactions from time to time in connection with other issues, including
your financial advisor and potential underwriters for your securities, and you do not object to our
continued representation (in connection with other issues) of any such firm with respect to which
you choose to do business in connection with issuance of the Obligations, since doing so is how
we are able to gain the experience we need to represent you effectively.
In addition to our representation of other companies and individuals, we also regularly represent
lawyers and law firms. As a result, opposing counsel to any party in connection with the
issuance of the Obligations may be a lawyer or law firm that we may represent now or in the
future. Likewise, opposing counsel to any party in connection with the issuance of the
Obligations may represent our firm now or in the future. Further, we have professional and
personal relationships with many other attorneys, often because of our participation in bar
associations and other professional organizations. It is our professional judgment that such
relationships with other attorneys do not adversely affect our ability to represent any client. The
acceptance of these terms of engagement represents an unqualified consent to any such
relationships between our firm and other lawyers or law firms, even counsel who is representing
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a party that is adverse to you in connection with the issuance of the Obligations that is the subject
of this engagement or in some other matter.
Disclaimer
Fulbright & Jaworski L.L.P. has made no promises or guarantees to you about the outcome of
the Representation or the issuance of the Obligations, and nothing in these terms of engagement
shall be construed as such a promise or guarantee. Our representation of you will not affect our
responsibility to render an objective bond counsel Bond Opinion.
Termination
At any time, you may, with or without cause, terminate the Representation by notifying us of
your intention to do so. Any such termination of services will not affect the obligation to pay
legal services rendered and expenses incurred before termination, as well as additional services
and charges incurred in connection with an orderly transition of the matters relating to issuance
of the Obligations.
We are subject to the codes or rules of professional responsibility for the jurisdictions in which
we practice. There are several types of conduct or circumstances that could result in our
withdrawing from representing a client, including, for example, the following: non-payment of
fees or costs; misrepresentation or failure to disclose material facts; fraudulent or criminal
conduct; action contrary to our advice; and conflict of interest with another client. We try to
identify in advance and discuss with our clients any situation that may lead to our withdrawal.
A failure by you to meet any obligations under these terms of engagement shall entitle Fulbright
& Jaworski L.L.P. to terminate the Representation. In that event, you will take all steps
necessary to release Fulbright & Jaworski L.L.P. of any further obligations in the Representation
or the issuance of the Obligations, including without limitation the execution of any documents
necessary to effectuate our withdrawal from the Representation or the issuance of the
Obligations. The right of Fulbright & Jaworski L.L.P to withdraw in such circumstances is in
addition to any rights created by statute or recognized by the governing rules of professional
conduct.
Billing Arrangements and Terms of Payment
Our engagement letter specifically explains our fees for services in connection with issuance of
the Obligations. It is agreed that you will make full payment within 30 days of receiving our
statement. We will give notice if an account becomes delinquent, and it is further agreed that
any delinquent account must be paid upon the giving of such notice. If the delinquency
continues and you do not arrange satisfactory payment terms, we may withdraw from the
Representation and pursue collection of our account.
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Document Retention
At the close of any matter, we send our files in that matter to a storage facility for storage at our
expense. The attorney closing the file determines how long we will maintain the files in storage.
After that time, we will destroy the documents in the stored files.
At the conclusion of the Representation, we return to the client any documents that are
specifically requested to be returned. As to any documents so returned, we may elect to keep a
copy of the documents in our stored files.
Charges for Other Expenses and Services
Typically, our invoices will include amounts, not only for legal services rendered, but also for
other expenses and services. Examples include charges for photocopying, long-distance
telephone calls, travel and conference expenses, messenger deliveries, computerized research,
and facsimile and other electronic transmissions. In addition, we reserve the right to send to you
for direct payment any invoices delivered to us by others, including experts and any vendors.
It is not our policy to make any profit on any of these other expenses and services. Our invoices
will reflect the cost to us of the products and services. In some situations, the actual cost of
providing the product or service is difficult to establish, in which case we will use our
professional judgment on the charges to be made. In some situations, we can arrange for
ancillary services to be provided by third parties with direct billing to the client. Attached is a
copy of our current recharge schedule for other expenses and services, which is subject to change
from time to time.
Standards of Professionalism and Attorney Complaint Information
Pursuant to rules promulgated by the Texas Supreme Court and the State Bar of Texas,
we are to advise our clients of the contents of the Texas Lawyer's Creed, a copy of which is
attached. In addition, we are to advise clients that the State Bar of Texas investigates and
prosecutes complaints of professional misconduct against attorneys licensed in Texas. A
brochure entitled Attorney Complaint Information is available at all of our Texas offices and is
likewise available upon request. A client that has any questions about State Bar's disciplinary
process should call the Office of the General Counsel of the State Bar of Texas at 1-800-932-
1900 toll free.
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THE TEXAS LAWYER'S CREED A Mandate for Professionalism
The Texas Supreme Court and the Texas Court of Criminal Appeals adopted this Creed, with the
requirement that lawyers advise their clients of its contents when undertaking representation.
I am a lawyer; I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I
must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that Professionalism requires more than merely
avoiding the violation of laws and rules. I am committed to this Creed for no other reason than it is right.
I. OUR LEGAL SYSTEM. A lawyer owes to the administration of justice personal dignity, integrity, and independence. A lawyer should
always adhere to the highest principles of professionalism. I am passionately proud of my profession. Therefore, "My word is my bond." I am
responsible to assure that all persons have access to competent representation regardless of wealth or position in life. I commit myself to an
adequate and effective pro bono program. I am obligated to educate my clients, the public, and other lawyers regarding the spirit and letter of this
Creed. I will always be conscious of my duty to the judicial system.
II. LAWYER TO CLIENT. A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate means to
protect and advance the client's legitimate rights, claims, and objectives. A lawyer shall not be deterred by any real or imagined fear of judicial
disfavor or public unpopularity, nor be influenced by mere self-interest. I will advise my client of the contents of this Creed when undertaking
representation. I will endeavor to achieve my client's lawful objectives in legal transactions and in litigation as quickly and economically as
possible. I will be loyal and committed to my client's lawful objectives, but I will not permit that loyalty and commitment to interfere with my
duty to provide objective and independent advice. I will advise my client that civility and courtesy are expected and are not a sign of weakness. I
will advise my client of proper and expected behavior. I will treat adverse parties and witnesses with fairness and due consideration. A client has
no right to demand that I abuse anyone or indulge in any offensive conduct. I will advise my client that we will not pursue conduct which is
intended primarily to harass or drain the financial resources of the opposing party. I will advise my client that we will not pursue tactics which are
intended primarily for delay. I will advise my client that we will not pursue any course of action which is without merit. I will advise my client
that I reserve the right to determine whether to grant accommodations to opposing counsel in all matters that do not adversely affect my client's
lawful objectives. A client has no right to instruct me to refuse reasonable requests made by other counsel. I will advise my client regarding the
availability of mediation, arbitration, and other alternative methods of resolving and settling disputes.
III. LAWYER TO LAWYER. A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation, courtesy,
candor, cooperation, and scrupulous observance of all agreements and mutual understandings. III feelings between clients shall not influence a
lawyer's conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other
unprofessional conduct. 1 will be courteous, civil, and prompt in oral and written communications. I will not quarrel over matters of form or style,
but I will concentrate on matters of substance. I will identify for other counsel or parties all changes I have made in documents submitted for
review. I will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which have not been
agreed upon or omit provisions which are necessary to reflect the agreement of the parties, I will notify opposing counsel, and, if appropriate, the
Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are canceled. I will agree to
reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of my client will not be
adversely affected. I will not serve motions or pleadings in any manner that unfairly limits another party's opportunity to respond. 1 will attempt
to resolve by agreement my objections to matters contained in pleadings and discovery requests and responses. I can disagree without being
disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior. I will neither encourage nor
knowingly permit my client or anyone under my control to do anything which would be unethical or improper if done by me. I will not, without
good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations of
impropriety. I will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and witnesses. I will not be influenced by
any ill feeling between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of opposing counsel. I will not take
advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposing counsel, without first inquiring about that
counsel's intention to proceed. I will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously
with submission to the court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court. I will
not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence. I will not arbitrarily
schedule a deposition, Court appearance, or hearing until a good faith effort has been made to schedule it by agreement. I will readily stipulate to
undisputed facts in order to avoid needless costs or inconvenience for any party. I will refrain from excessive and abusive discovery. I will
comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable. I will not make objections nor give
instructions to a witness for the purpose of delaying or obstructing the discovery process. I will encourage witnesses to respond to all deposition
questions which are reasonably understandable. I will neither encourage nor permit my witness to quibble about words where their meaning is
reasonably clear. I will not seek Court intervention to obtain discovery which is clearly improper and not discoverable. I will not seek sanctions
or disqualification unless it is necessary for protection of my client's lawful objectives or is fully justified by the circumstances.
IV. LAWYER AND JUDGE. Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and
improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the Court and the
profession. 1 will always recognize that the position of judge is the symbol of both the judicial system and administration of justicc. I will refrain
from conduct that degrades this symbol. I will conduct myself in court in a professional manner and demonstrate my respect for the Court and the
law. I will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy and civility. I will be punctual. I will not
engage in any conduct which offends the dignity and decorum of proceedings. 1 will not knowingly misrepresent, mischaracterize, misquote or
miscite facts or authorities to gain an advantage. I will respect the rulings of the Court. I will give the issues in controversy deliberate, impartial
and studied analysis and consideration. I will be considerate of the time constraints and pressures imposed upon the Court, Court staff and
counsel in efforts to administer justice and resolve disputes.
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SCHEDULE OF FEES FOR
BOND COUNSEL SERVICES RELATING TO
THE ISSUANCE OF OBLIGATIONS
Base Fee $15,000.00
(includes customary out-of-pocket expenses, except the Attorney General's examination fee and
third party costs such as translators, publication costs etc.)
Plus
First $ 100,000,000 $1.00 per $1,000
Next $ 100,000,000 $0.75 per $1,000
Next $ 50,000,000 $0.60 per $1,000
Next $ 50,000,000 $0.50 per $1,000
Over $300,000,000 $0.25 per $1,000
Refunding issues, add $5,000.00
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