HomeMy WebLinkAboutReso 93-215 - Approve & Authorize the mayor to sign teh agreement for Special Counsel legal Services between COR & Orrick. Herrington & Sutcliffe dated 05/01/93 relating to formation of and/or annexations to Comm Fac Dist RESOLUTION NO. q3- %S—
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT FOR SPECIAL COUNSEL LEGAL SERVICES BETWEEN
THE CITY OF REDDING AND ORRICK, HERRINGTON & SUTCLIFFE
DATED MAY 1, 1993, RELATING TO THE FORMATION OF AND/OR
ANNEXATIONS TO COMMUNITY FACILITIES DISTRICTS (NO BONDS
TO BE ISSUED) .
IT IS HEREBY RESOLVED that the City Council of the City of
Redding hereby approves the Agreement for Special Counsel Legal
Services dated May 1, 1993, between the City of Redding and
Orrick, Herrington & Sutcliffe, Attorneys at Law, San Francisco,
California, a true copy of which is attached hereto and
incorporated herein by reference.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding
is hereby authorized and directed to sign said Agreement on
behalf of the City of Redding; and the City Clerk is hereby
authorized and directed to attest the signature of the Mayor and
to impress the official seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 1st day of June, 1993, and was duly
j adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
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CARL ARNESS, Mayor
City of Redding
A ST: ! FORM APPROVED:
CONNIE STROHMA City Clerk RANDALL A. HAYS, City Attorney
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AGREEMENT FOR SPECIAL COUNSEL LEGAL SERVICES
This is an agreement for ongoing legal services between
the CITY OF REDDING, County of Shasta, State of California
referred to as Client, and ORRICK, HERRINGTON & SUTCLIFFE,
Attorneys at Law, San Francisco, California, referred to as
Special Counsel. ,
1. Client retains Special Counsel as special counsel to
perform the following legal services relating to formation of
and/or annexations to Community Facilities Districts for
specified services (no bonds to be issued) :
(a) Preparation of all forms of resolutions, notices,
affidavits, and other documents required by the laws
governing the district formation proceedings.
(b) Preparation of written instructions to Client's Clerk
and other staff members concerning the performance of
legally required duties.
(c) Review of documents prepared by Client's engineering
staff or consulting engineers, including the method of
allocation of the special tax.
(d) Attendance at all public hearings held in the :
furtherance of the financing (including continuances of
the hearings, if any) .
(e) At the request of Client, attendance at all other
public meetings of Client at which matters relating to
the financing are considered.
(f) Telephone consultation with staff members and
interested citizens to answer questions about the
proceedings.
(g) Coordination with the City Clerk's office in the
scheduling and conduct of any required election.
(h) Assistance, if requested by the City Attorney, in
preparation of the "impartial analysis" of the ballot
measure for the use of the City Attorney, as he may see
fit.
slr2-16052.1
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(i) Preparation of a transcript of the legal proceedings in
loose-leaf form for the use of the Client.
2 . It is anticipated that Samuel A. Sperry and Daniel C.
Bort will be the attorneys primarily responsible for providing
the legal services set forth in paragraph 1, but in the event
neither of them is available when needed for consultation,
" Special Counsel will use its best efforts to provide the required
services with other attorneys in the Assessment and Special Tax
Practice Group so as to assure timely response and timely
delivery of services.
3 . In consideration of the services set forth in paragraph
1, Client shall pay to Special Counsel the following fees and
costs:
(a) The legal fees of Special Counsel shall be $220 per
hour for attorney time, including travel time to and
from Redding.
(b) Special Counsel shall be paid its out of pocket costs
for photocopying at 10 cents per sheet, travel at 25
cents per mile, telephone charges as billed, federal
express charges as billed, and meals and lodging if
overnight stay is required.
(c) Special Counsel shall be entitled to render monthly
invoices for accrued fees and costs, and said invoices
shall be paid during the calendar month following
rendition.
3 . Special Counsel certifies that it has no interest,
either direct or contingent, in any property or contract arising
from or affected by the proposed financing except as Special
Counsel under this agreement. Special Counsel does not represent
any owner of property within the city limits of Client, and has
not received a fee from any source for services connected with
the development of the property in the proposed district.
SM-1602.1 2
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DATED: May 1, 1993
CITY OF REDDING, a municipal
corporation of the State of
California
By
Mayor
ATTEST:
By
Connie Strohmayer, City Clerk
ORRI' H NGTON & SUTCLIFFE
By
Samuel A. rry
FORM APPROVED
CITY LEGAL T,
SF2-16052.1 3