HomeMy WebLinkAboutReso. 1988-230 - Resolution apporving agreement for legal services lebrun lane/polk street street assessment district no. 1987-4 ® •
RESOLUTION NO. 1 ' ' V
RESOLUTION APPROVING AGREEMENT
FOR LEGAL SERVICES
LEBRUN LANE/POLK STREET STREET ASSESSMENT DISTRICT NO. 1987-4
The City Council of the City of Redding resolves:
This City 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 the LeBrun Lane/Polk Street Street Assessment District
No. 1987-4 , City of Redding, Shasta County, California, dated June
21, 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 21st day of June, 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
By1$ _-S
ORIGINALw
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AGREEMENT FOR LEGAL SERVICES
LEBRUN LANE/POLK STREET STREET ASSESSMENT DISTRICT NO. 1987-4
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 the LeBrun
Lane/Polk Street Street Assessment District No. 1987-4, 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.
(g) Telephone consultation with staff members and property
owners to answer legal questions about the assessment
proceedings.
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(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.
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
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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
improvement 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
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,
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and has not received a fee from any source for services connected
with the project.
DATED: June 21, 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 professonal corporation
By l�it�✓�r � � ,/�/,
Samuel A. Sperry" �/
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