HomeMy WebLinkAboutReso. 1989-047 - Approving agreement for legal services ;:;i , .
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� RESOLUTION NO. ��s�� I
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RESOLUTION APPROVING AGREEMENT
� FOR LEGAL SERVICES
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�.I, CLOVER CREEK SEWER ASSESSMENT DISTRICT NO. 1987-2
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' ' The City Council of the City of Redding resolves:
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This City Council approves that certain agreement between
� the City of Redding, and STURGIS, NESS, BRUNSELL & SPERRY a
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� i professional corporation, for services of that firm as Special Bond
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� Counsel for Clover Creek Sewer Assessment District No. 1987-2 , City
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�� of Redding, County of Shasta, State of California, dated February
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� �; 7, 1989, and attached to this resolution.
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r��; The Mayor is authorized to sign the agreement and the
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^I, City Clerk is authorized to attest its execution.
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A I HEREBY CERTIFY that the foregoing resolution was duly
and regularly adopted by the City Council of the City of Redding, I
Shasta County, California, at a regular meeting thereof, held on l
the 7th day of February, 1989 . �
�� AYES • COUNCILMEMBERS Buffum, Carter, Dahl , Ful ton, & Johannessen
p NOES: COUNCILMEMBERS None
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� ABSENT: COUNCILMEMBERS None
�� ETHEL A. NICHOLS, City Clerk,
r? City of Redding, Shasta County,
( ; California
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� AGREEMENT FOR LEGAL SERVICES
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� I CLOVER CREEK SEWER ASSESSMENT DISTRICT NO. 1987-2
` I CITY OF REDDING
' This is an agreement for legal services between the City
I� of Redding, a municipal corporation of the State of California,
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4 referred to as Client, and STURGIS, NESS, BRUNSELL & SPERRY a ''
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�� professional corporation, Attorneys at Law, Emeryville, California,
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i� referred to as Bond Counsel.
` ! 1. Client retains Bond Counsel as special counsel to
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ai perform the following legal services relating to Clover Creek Sewer
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` , Assessment District No. 1987-2 , City of Redding, County of Shasta, j
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� ; State of California. �
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, ; (a) Preparation of all forms of resolutions,
` notices, affidavits, and other documents
� required by the Municipal Improvement Act of
i � 1913 , including the legal format of the
i� engineer' s report required by Section 10204 .
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'� j (b) The preparation of written instructions to
� � Client' s Clerk and other staff inembers
� � concerning the performance of legally required I
� � duties.
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(c) Review of documents prepared by Client' s �
' engineering staff or consulting engineers,
'� � including boundary map, assessment diagram,
; I assessment roll, and the general provisions of
I ; construction specifications.
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i (d) Attendance at the public hearing on the
engineer' s report (including continuances of the
hearing, if any) . i
� �'� (e) Attendance at all other public meetings of �
f� Client at which matters relating to the �
;�! assessment district are considered, except �
� ; routine matters.
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(f) Attendance at staff ineetings or meetings of
; property owners, upon the request of the Client,
`�i after reasonable notice.
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1 (g) Telephone consultation with staff inembers and
�I property owners to answer legal questions about
� ' the assessment proceedings. i
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� (h) Preparation of the notice inviting bids and ,
� construction contract, if required, and review I
of contract bonds and insurance documents.
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�� (i) Arrangements for the printing of improvement !
bonds to represent unpaid assessments, �
�, including, if required, the printing of a bond i
, register and assessment installment notices.
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' (j ) The preparation of a record of assessment f
b . installments for the use of the County Auditor, '
= if required. �
(k) Arrangements for the sale of improvement bonds
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either by negotiation or by public bid, at the �
, option of Client, including a review of i
� financial disclosure requirements and, if
M required, the preparation of the notice inviting '
" bond bids.
(1) The preparation of bond delivery documents.
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� (m) The rendition of a legal opinion on the validity
� of the improvement bonds and the proceedings I
�', leading to their issuance. I
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c', (n) Preparation of a transcript of the legal proceedings �
fiin loose-leaf form for the use of the Client. �
Pi (o) Preparation of the required reports to the
California Debt Advisory Commission (pursuant to
� � Section 8855 et seq. of the Government Code) and
� � to the Internal Revenue Service (pursuant to
�'! Section 149 of the Internal Revenue Code of
1986) .
�i 2 . The services of Bond Counsel under this agreement shall
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not include the following: '
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(a) Legal services in connection with the �
� acquisition of interests in real property, �
" either through negotiation or through exercise �
` of the power of eminent domain. �
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� (b) Legal services in connection with litigation. +
� The performance by Bond Counsel of services �
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" � excluded by this paragraph, if required by
' Client, shall be under separate oral or written
hh agreement.
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; � 3 . In consideration of the services set forth in paragraph
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}'� 1, Client shall pay to Bond Counsel the following fee and costs:
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�' ' (a) The legal fee of Bond Counsel shall be a scaled
� ; percentage of the amount assessed as set forth
,� in the engineer's report as finally approved
'� under Section 10312 of the Streets and Highways
Code.
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;, (b) The legal fee shall be an amount equal to two
and one-half percent (2 1/2%) of that portion of
,' the amount assessed not exceeding $1 million,
�� plus one percent (1%) of that portion of the
� amount assessed exceeding $1 million, but not
F exceeding $10 million, plus one-half of one
} � percent (1/2%) of that portion assessed
� i exceeding $10 million, but not exceeding $20
� ' million, plus one-fourth of one percent (1/4%)
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.I� of all amounts assessed exceeding $20 million.
; ; The fee shall be not less than $5, 000.
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�j (c) Costs shall be reimbursed to Bond Counsel as follows: �
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4I! 1) The cost of transportation, meals and lodging.
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YI 2) The cost of preparing auditor's �
� � record, if required: 7 cents per
' � assessment for each year of the bond
� issue, with a minimum of $30. 00.
j 3) The cost of long distance telephone
� ; calls: at billed cost. i
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4) The cost of photocopying: 10 cents per
�' sheet.
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6 The cost of other services for which Bond Counsel makes
`� arrangements under this agreement (such as bond printing
�I costs) shall be billed to the Client and shall be paid by
, Client directly to the payee.
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' (d) Payment by Client of the legal fee is contingent
upon the levy of assessments and the sale and
delivery of improvement bonds representing
;I, unpaid assessments in the assessment district.
�' If for any reason, assessments are not confirmed �
� and bonds delivered, Bond Counsel shall be paid
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no legal fee. Both the legal fee and costs are
payable upon delivery of the bonds.
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4 . Bond Counsel certifies that it has no interest, either
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NI direct or contingent, in any property or contract arising from or
� affected by the assessment district, except as Bond Counsel under
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�' ' this agreement. Bond Counsel does not represent any owner of
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'' property within the proposed boundaries of this assessment district, `
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i' and has not received a fee from any source for services connected
p � with the project.
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�� DATED: February 7, 1989 1
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� � CITY OF REDDING, a municipal corporation
r� of the State of California
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I BY 1'
� Mayor
b' ATTEST:
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' I gy
�� City Clerk
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� I STURGIS, NESS, BRUNSELL & SPERRY
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a professional corporation i
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" ' gy I
E ' Samuel A. Sperry
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