HomeMy WebLinkAboutReso. 1989-441 - College highlands assessment district no. 1989-4 411 111
RESOLUTION NO.
RESOLUTION APPROVING AGREEMENT
FOR LEGAL SERVICES
COLLEGE HIGHLANDS ASSESSMENT DISTRICT NO. 1989-4
The City Council of the City of Redding resolves:
This Council approves that certain agreement between the
CITY OF REDDING, and STURGIS, NESS, BRUNSELL & SPERRY, a
professional corporation, for services of that firm as Special Bond
Counsel for College Highlands Assessment District No. 1989-4, City
of Redding, Shasta County, California, dated December 5, 1989, and
attached to this resolution.
The Mayor is authorized to sign the agreement and the
City Clerk is authorized to attest its execution.
I HEREBY CERTIFY that the foregoing resolution was duly and
regularly adopted by the City Council of the City of Redding,
Shasta County, California, at a regular meeting thereof, held on
the 5th day of December, 1989 .
AYES: COUNCILMEMBERS Buffum, Dahl , Fulton, Johannessen, & Carter
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
ETHEL A. NICHOLS, City Clerk,
City of Redding, Shasta County,
California
By { -' , „/
y ion �e �trahma; -r, Lssis an
OR
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AGREEMENT FOR LEGAL SERVICES
COLLEGE HIGHLANDS ASSESSMENT DISTRICT NO. 1989-4
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This is an agreement for legal services between the CITY
OF REDDING, a municipal corporation of the State of California,
referred to as Client, and STURGIS, NESS, BRUNSELL & SPERRY, a
professional corporation, Attorneys at Law, Emeryville, California,
referred to as Bond Counsel.
1. Client retains Bond Counsel as special counsel to
perform the following legal services relating to College Highlands
Assessment District 1989-4 , City of Redding, Shasta County, State
of California.
(a) Preparation of all forms of resolutions,
notices, affidavits, and other documents
required by the Municipal Improvement Act of
1913 , including the legal format of the
engineer's report required by Section 10204 .
(b) The 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 boundary map, assessment diagram,
assessment roll, and the general provisions of
construction specifications.
(d) Attendance at the public hearing on the
engineer' s report (including continuances of
the hearing, if any) .
(e) Attendance at all other public meetings of
Client at which matters relating to the
assessment district are considered, except
routine matters.
(f) Attendance at staff meetings or meetings of
property owners, upon the request of the
Client, after reasonable notice.
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(g) Telephone consultation with staff members and
property owners to answer legal questions about
the assessment proceedings.
(h) Preparation of the notice inviting bids and
construction contract, if required, and review
of contract bonds and insurance documents.
(i) Arrangements for the printing of improvement
bonds to represent unpaid assessments,
including, if required, the printing of a bond
register and assessment installment notices.
(j ) The preparation of a record of assessment
installments for the use of the County Auditor,
if required.
(k) Arrangements for the sale of improvement bonds
either by negotiation or by public bid, at the
option of Client, including a review of
financial disclosure requirements and, if
required, the preparation of the notice
inviting bond bids.
(1) The preparation of bond delivery documents.
(m) The rendition of a legal opinion on the
validity of the improvement bonds and the
proceedings leading to their issuance.
(n) Preparation of a transcript of the legal proceedings
in loose-leaf form for the use of the Client.
(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) .
2 . The services of Bond Counsel under this agreement shall
not include the following:
(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.
(b) Legal services in connection with litigation.
The performance by Bond Counsel of services
excluded by this paragraph, if required by
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Client, shall be under separate oral or written
agreement.
3 . In consideration of the services set forth in
paragraph 1, Client shall pay to Bond Counsel the following fee and
costs:
(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.
(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 exceeding $10 million, plus one-half of
one percent (1/2%) of that portion assessed
exceeding $10 million, but not exceeding $20
million, plus one-fourth of one percent (1/4%)
of all amounts assessed exceeding $20 million.
The fee shall be not less than $5, 000.
(c) Costs shall be reimbursed to Bond Counsel as
follows:
1) Filing and recording fees and publication costs
advanced on behalf of Client
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.
3) Costs of Federal Express or similar
delivery service.
4) Cost of preparation of notices to
property owners.
The cost of other services for which Bond Counsel makes
arrangements under this agreement (such as bond printing costs)
shall be billed to the Client and shall be paid by Client directly
to the payee.
(d) Payment by Client of the legal fee is
contingent upon the levy of assessments and the
sale and delivery of improvement bonds
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representing unpaid assessments in the
assessment district. If for any reason,
assessments are not confirmed and bonds
delivered, Bond Counsel shall be paid no legal
fee. Both the legal fee and costs are payable
upon delivery of the bonds.
4 . Bond Counsel certifies that it has no interest, either
direct or contingent, in any property or contract arising from or
affected by the assessment district, except as Bond Counsel under
this agreement. Bond Counsel does not represent any owner of
property within the proposed boundaries of this assessment
district, and has not received a fee from any source for services
connected with the project.
DATED: December 5, 1989
CITY OF REDDING, a municipal corporation
of the State of California
By
Mayor
ATTEST:
ETHEL A. NICHOLS, City Clerk
By
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
By
Samuel A. Sperry
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