HomeMy WebLinkAboutReso. 1988-166 - Resolution approving agreement for legal services lucky lane sewer assessment •
RESOLUTION NO. g5 -//44,
RESOLUTION APPROVING AGREEMENT
FOR LEGAL SERVICES
LUCKY LANE SEWER ASSESSMENT DISTRICT NO. 1988-1
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 Lucky Lane Sewer Assessment District No. 1988-1, City
of Redding, Shasta County, California, dated April 19, 1988, 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 nineteenth day of April, 1988.
AYES: Councilmembers Buffum, Carter , Dahl , Fulton , & Johannessen
NOES: Councilmembers None
ABSENT: Councilmembers None
ETHEL A. NICHOLS, City Clerk,
City of Redding, Shasta County, California
By ebi
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AGREEMENT FOR LEGAL SERVICES
LUCKY LANE SEWER ASSESSMENT DISTRICT NO. 1988-1
CITY OF REDDING, SHASTA COUNTY, STATE OF CALIFORNIA
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 Lucky Lane Sewer
Assessment District NO. 1988-1, 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.
(g) Telephone consultation with staff members and �t
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property owners to answer legal questions about �=- /� /16/ T
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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
the printing of a bond register and, if
required, 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
client, shall be under separate oral or written
agreement.
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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) The cost of transportation, meals and lodging.
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) The cost of long distance telephone
calls: at billed cost.
4) The cost of photocopying: 10 cents per
sheet.
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 impfovement bonds 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
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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: April 19, 1988
CITY OF REDDING, a municipal
corporation of the State of California
By
ATTEST:
ETHEL A. NICHOLS, City Clerk
By
STURGIS, NESS, BRUNSELL & SPERRY
a professio . 1 corporation
By
Samuel A. Sperry
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RESOLUTION NO.
RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
LUCKY LANE SEWER ASSESSMENT DISTRICT NO. 1988-1
City
The Counc 'it of the Cityof Redding g resolves:
This Council intends to order the following improvement
under the authority of the Municipal Improvement Act of 1913 :
Installation of sanitary sewage facilities to all parcels
within the proposed boundary.
This Council finds that the land specially benefited by
the improvement is shown within the boundaries of the map entitled,
"Proposed Boundaries of Lucky Lane Sewer Assessment District No.
1988-1, City of Redding, Shasta County, State of California. " This
map has been approved by the City Council and is now on file with
the City Clerk. The land within the exterior boundaries shown on
the map shall be designated Lucky Lane Sewer Assessment District No.
1988-1 Assessment District, City of Redding, Shasta County,
California.
This Council intends to levy a special assessment upon the
land within the described district in accordance with the special
benefit to be received by each parcel of land, respectively, from
the improvement. There shall be omitted from special assessment all
public streets, alleys and places and all land belonging to the
United States, the State of California, the County of Shasta and
this City now in use in the performance of a public function.
Where any disparity occurs in level or size between the
improvement and private property, this Council determines that it is
in the public interest and more economical to eliminate the
disparity by doing work on the private property instead of adjusting
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the work on public property. Accordingly, work may be done on
private property for this purpose with the written consent of the
landowner.
Serial bonds representing unpaid assessments, and bearing
interest at a rate not to exceed twelve percent (12%) per annum,
will be issued in the manner provided by the Improvement Bond Act of
1915 (Division 10, Streets and Highways Code) , and the last
installment of the bonds shall mature not to exceed twenty-four (24)
years from the second day of September next succeeding twelve (12)
months from their date.
The procedure for the collection of assessments and
advance retirement of bonds under the Improvement Bond Act of 1915
shall be as provided in Part 11. 1, Division 10, of the Streets and
Highways Code of the State of California.
The City will not obligate itself to advance available
funds from the city treasury to cure any deficiency which may occur
in the bond redemption fund. A determination not to obligate itself
shall not prevent the city from, in its sole discretion, so
advancing funds.
This Council finds that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931
(commencing with Section 2800, Streets and Highways Code) does not
apply to these proceedings.
This Council appoints Carl H. Arness, Director of Public
Works, as Engineer of Work for this project, and directs the
preparation of the report required by Section 10204 of the Streets
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and Highways Code.
In the opinion of this Council, the public interest will
not be served by allowing owners of assessable lands to enter into a
contract for the work of improvement as otherwise permitted in
Section 20485 of the Public Contract Code.
The amount of any surplus remaining in the improvement
fund after completion of the improvement and payment of all claims
shall be transferred to the general fund if the surplus does not
exceed the lesser of one thousand dollars ($1000) or five percent
(5%) of the total amount expended from the fund. Otherwise the
entire surplus shall be applied as a credit on the assessment as
provided in Section 10427 . 1 of the Streets and Highways Code.
* * *
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
nineteenth day of April, 1988 .
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ETHEL A. NICHOLS, City Clerk,
City of Redding, Shasta County, California
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CERTIFICATE OF FILING BOUNDARY MAP
WITH COUNTY RECORDER
LUCKY LANE SEWER ASSESSMENT DISTRICT NO. 1988-1,
CITY OF REDDING, SHASTA COUNTY, CALIFORNIA
I, the undersigned, certify:
That on April 19, 1988, there was filed in the office of
the County Recorder of the County of Shasta, State of California, in
the Book of Maps of Assessment and Community Facilities Districts in
Volume at page a map entitled, "Proposed Boundaries
of Lucky Lane Sewer Assessment District No. 1988-1, City of Redding,
Shasta County, California. "
DATED: , 1988
COUNTY RECORDER,
County of Shasta,
State of California
By
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