2007-0112
INTRODUCED BY: ALBERT D. LAQUE, PARISH PRESIDENT
(BOND COUNSEL/DEPARTMENT OF ECONOMIC
DEVELOPMENT & TOURISM)
RESOLUTION NO. ______
Title
A resolution of the St. Charles Parish Council amending a resolution ("Resolution No. 5399") adopted on January 8, 2007, for the purpose of redesignating the bond counsel firm named therein and providing for grammatical changes.
Body
WHEREAS, the Parish Council of the Parish of St. Charles, Louisiana, acting as the governing authority of the Parish of St. Charles, Louisiana (the "Issuer") adopted Resolution No. 5399 on January 8, 2007, authorizing the Parish President to execute a preliminary agreement between the Parish of St. Charles, Louisiana and Renewable Energy Group, Inc. authorizing the issuance of revenue bonds in one or more series to finance certain facilities and providing for other matters in connection with the foregoing; and
WHEREAS, the Governing Authority now wishes to amend Resolution No. 5399 in order to redesignate the bond counsel firm named therein;
NOW, THEREFORE, BE IT RESOLVED by the St. Charles Parish Council, acting as the governing authority of the Issuer:
SECTION 1. Section 6 of Resolution No. 5399 is hereby amended to read as follows:
It is recognized, found and determined that a real necessity exists for the employment of Bond Counsel in connection with the issuance of the Bonds and, accordingly, Foley & Judell, L. L. P., of New Orleans, Louisiana, are hereby employed as Bond Counsel to the Issuer to do and to perform comprehensive, legal and coordinate professional work with respect to the issuance and sale of the Bonds. Bond Counsel shall (i) prepare and submit to the Issuer for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of the Bonds, (ii) counsel and advise the Issuer with respect to the issuance and sale of the Bonds and (iii) furnish their opinion covering the legality of the issuance thereof. The fee to be paid Bond Counsel shall be an amount based on the Attorney General's then current Bond Counsel Fee Schedule and other guidelines for comprehensive, legal and coordinate professional work in the issuance of revenue bonds to the actual aggregate principal amount issued, sold, delivered and paid for at the time Bonds are delivered, together with reimbursement of out-of-pocket expenses incurred and advanced in connection with the issuance of the Bonds and payable out of Bond proceeds or other funds provided by the Company subject to the Attorney General's written approval of said employment and fee, as required by the Act.
SECTION 2. Schedule 1 entitled "Preliminary Agreement for Issuance of Revenue Bonds" is hereby amended to redesignate the bond counsel firm and is attached hereto as Exhibit A.
SECTION 3. Except as amended herein, Resolution No. 5399 remains in full force and effect.
Vote
This resolution having been submitted to a vote, the vote thereon was as follows:
And the resolution was declared adopted on this, the 2nd day of April, 2007, to become effective five (5) days after publication in the official journal.
CHAIRMAN:______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: _____________________________
STATE OF LOUISIANA
PARISH OF ST. CHARLES
I, the undersigned Secretary of the St. Charles Parish Council, do hereby certify that the foregoing pages constitute a true and correct copy of a Resolution adopted by the St. Charles Parish Council, on April 2, 2007, amending a resolution ("Resolution No. 5399") adopted on January 8, 2007, for the purpose of redesignating the bond counsel firm named therein and providing for grammatical changes.
IN FAITH WHEREOF, witness my official signature and the impress of the official seal of said Council at Hahnville, Louisiana, on this, the 2nd day of April, 2007.
Secretary