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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— ,i 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 I i I CARL ARNESS, Mayor City of Redding A ST: ! FORM APPROVED: CONNIE STROHMA City Clerk RANDALL A. HAYS, City Attorney ti I 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 it i I (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 r . 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