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80SOLUTION NO.^ A RESOLUTION of the City of Hoses Lake, employing Wm.P.Harper & Son &Company of Seattle,Washington and Porter,Barry &Assoc iates of Baton Rouge,Louisiana,to perform certain services before the Federal Power Com mission,certain engineering services,and certain services in connection with the issu ance and sale of Natural Gas Revenue Bonds and for the payment thereof. WHEREAS,within the last year there has developed a strong probability that a supply of natural gas will be available in different parts of the State of Washington in the near future.Efforts are at present being made by several different parties to obtain authority from the Federal Power Commission to pipe adequate supplies of natural gas into the cities and industrial areas of the State.A hearing on this matter is now pending before the Federal Power Commission and if an ade quate supply of gas is to be assured it will be necessary to intervene and establish the need ?nd methods of payment therefore.If,as,and when such supplies of natural gas are available,local distribution may not be made by the transporting companies but left to local effort,either munici pal or otherwise;and WHEREAS,the City of Moses Lake,Washington,desires to be in a position to obtain an adequate supply for the community whenever the same shall be available from any responsible source.It is therefore considered that in order to be in a position to promptly furnish such service,public convenience and necessity require the employment of competent counsel, engineers and financial advisors and agents for and in behalf of the City to handle the technical matters in connection therewith; NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Moses Lake,Washington,as follows: SECTION I:That the City of Moses Lake hereby employs Wm.P.Harper &Son &Company of Seattle (hereinafter referred to as "The Company")whose principle business is that of financial agent and security dealer and Porter,Barry &Associates,consulting engineers of Baton Rouge, Louisiana,(hereinafter referred to as "The Engineers")whose principle - 2 - business is that of designing plants and distributing systems for natural gas and supervising the construction thereof,such employment being on the following terms and conditions."The Engineers"and "The Company"shall each and severally furnish or perform the services to the municipality as herein set forth,to wit: A. "The Engineers"shall 1*Make preliminary survey and prepare prelimin ary plans; 20 Prepare exhibits and engineering report for submission to the Federal Power Commission; 3«Furnish the services of a reputable firm of attorneys qualified and experienced in the matters before the Federal Power Commission*it being understood that the municipality will bear the cost of these services from the proceeds of the bond issue if a supply of gas is secured; h»Assist in the intervention to obtain a supply of natural gas for the municipality by the preparation of necessary infor mation and appearing as a witness in the proceedings before the Federal Power Commission; £•Following allocation of gas,prepare final working plans and specifications and contract documents; 6.Assist the municipality in awarding of the con struction contract; 7»Prepare final engineering report for the pur pose of giving necessary information to the prospective purchasers of the Natural Gas Revenue Bonds; 8©Maintain a full-time resident engineer on the project in order that the municipality may be assured of conformity with the plans and specifications* Bo "The Company"shall 1.Prepare and recommend a plan of financing, including maturities,call features,etc.,of a bond issue,together with a feasibility report showing coverage and estimated earnings; - 3 - 2.Prepare and submit financial plans and showing of feasibility for use in hearing before the Federal Power Commission; 3.Prepare the Plan and System Resolution and other proceedings incident to the voting on the proposed financing; U.Furnish all legal proceedings up to the time of the issuance of the bonds; 5.Furnish a bid upon request for the financing at the time the bids are called for on the work; 6.Furnish printed bonds,ready for execution by the municipal authorities. SECTION II:For and in consideration of the above services there shall be paid to "The Company"and "The Engineers"a combined fee equal to 9%of the bonds sold exclusive of the amount of escrowed interest. Of the total fee of 9%there shall be paid 1%when the bonds shall have been sold and the remainder of said fee shall be paid 1%when the work is sub stantially one-half completed,the balance when the construction of the plant shall have been completed aid the work accepted.There shall be no contingent liability to the municipality as to cost of such services herein referred to,unless and until bonds have been issued and sold,and the funds received. SECTION III: This employment shall continue until five years from the date of signing hereof and may be extended by mutual consent. Passed this 28th day of October,1°£2. ATTEST:CITY OF MOSES LAKE,WASHINGTON Clerk Mayor DATED:^£c^-*2-Jr /^^T >' The terms of this Resolution are acknowledged and approved. PORTER,BiQRY &A§SOCTJ»£S ....P.HARPER &SON L COMPANY £f-^.By ^r^S^L^uj