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Home My WebLink AboutReso. 1987-069 - Resolution approving agreement for legal services huntington drive/debbie lane water assessment district no. 1987-3 ` , , • � RESOLUTION NO. � -G , RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES ' HUNTINGTON DRIVE/DEBBIE LANE WATER ASSESSMENT DISTRICT N0. 1987-3 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 Huntington Drive/Debbie Lane Water Assessment District No . 1987-3, City of Redding, Shasta County, California, dated March 16, 1987, 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 16th day of March, 1987. AYES : Councilmembers Carter, Dahl , Gard, Johannessen , & Ful ton NOES : Councilmembers None � ABSENT: Couneilmembers None ETHEL A. NICHOLS , City Clerk, City of Redding, Shasta County, California , � By � C�'. ��?�c��;-� � � � � Oo �Q�D�� . � � , • � AGREEMENT FOR LEGAL SERVICES HITN7'.�I��TON I�FtZVE/DE�3t��;� T.,ATl'E WATER AS��.�SSI��'NT DISTRIC�'.�.5 i N0. 1987-3 City of Redding � This is an agreement for legal serYices between �h� t�i�y I of Redding, a municipal corporation of the State of California, j referred to as Client , and �TURGIS , NESS , BRUNSELL � SPERRY a � pro£e�sional, �orpora'�ion., Attorneys a,t Law p Fmeryville , Ca1�i.£ornia, � referred �a �,s Bon�. �oun.sel.. 1 . Client retains �ond Counsel. as special counsel. to I perform �he f.°ollow%ng legal services relating tQ T�untington I Drive/Debbie Lane Water Assessment District No . 1987-3 , City of I . � Redding, Shasta County, Cal�ifornia. � (a) Preparation of all forms of resolutions , notices , affidavits , and. p�GYYier d�cum�nts �e�uired �� the Munic�pal Tmprov�men� Act �� 191.3 , inc:Ludirag the le�al forma� of �he engineEz° `s repor� :required by Section 10204. (b) The preparation of written instructions to Client ' s � Cl.erk and o�her staff inembers concerning the performance of legally-required duties . (c) Rev�ew of documents prepared by Client ` s eng:�neerin� s�aff or consulting engineers , incl.uding boundary ' map , a�sessment c3iagran� , asse�sment �nl'1 , anc� the � general. provisions of construction specifications . (d) Attendance a� the public hearing an the engineer ' s , report (incluciing continuances of the hearing, if j any) . (e) Attendance at a11 o�her public meetin.gs of Client at which matters rela,ting to the assessment district are considered, except routine mat�ers . � (f) Attendance at staff ineetings or meetings of property i D , - � ' . � � r" ' . , � � I � owners , upon the reques� o'� the Clien� , ��L��' reasonable notice. , (g) Telephone �ne��1�otanswertlegalfquest�ons about the property ow assessment proceedings . � (h) Preparation of �he no�tice inviting bids and ; construc�io� con�.�act , if :equ�reci, a�id review of ' contract bonds and ir.suranc� documents . ; (i) Arrange?nents for the printing °.°nclupingethetpbondsngo represer.t unpaid assessm..n-Gs , of a bond register and, if required, assessment i installment not�ices . ��) The prepa�ation. of a �ecorc7. of assessment installments for the �a.se o� the �ount�r Audi�:o.r , ii � required. � (k) Arrangements for �he sale oi' improvement bonds either � � by negotiation or by pv.blic bid, at the option of Client , including a review of financial disclosure � requirements and, if required; the preparation of the � notice inv.iting bond bids. � � (1) The preparation of bond delivery documents . � (.m) The �°end�.�L��n c�f` a� legal. �pin:�or� on the va1._T.d�.t� c�f � the im�rovemen� bonds anr�. �hE p�oGeedings �L�ad1-�`�� o their issuance. 'i (n) Preparation of a transcri�, of the legal praceedings i in loose---leaf form for the vse of �the Client . I (o) Preparation of the required reports to the California , Debt Advisory Comxnission (p�ix�suant ��o Section 8855 et ; seq. of the Government Coa.e) and to the Tnternal Revenue Service (pursv.an� to Sec�ion 149 of the 2nternal. Revenue Code of 1.986) • - 2. The services of Bond Counsel under this agreement � shall not include the following: (a) Legal services in connection with �he acquisition of � interests in real. property, either throu.gh, negotiation or through exercise of the power of eminent domain. , � I � 2 � ; � _._._., � , _ ___ . i _ • . I, � , �� , � ' (b) Legal services in eonnection with litigation. The perfc�rmanc� by Bond Couns�l. of ser�rices �xe��.ded. by this paragraph, if required by Client , sllali be under separate oral or written agreement . , 3 . In consideration of the services set forth in � p�,ragraph � , Client shall pa� to Borld Counsel the fol.�owing fee and i �� COS'�S : I (a) The 1ega1 fee of Bond Counsel shall. b� a scaled ! percentage of the amount assessed as set forth in the i engineer. 's report as £inal.l� appraved under Section i 10312 of the Streets and Hig�ways Cade. ( (b) The 1�ga1 �ee shall be an amo�nt eq�.al to tw� a�ci � one-half percent (2-1/2%) of that portion of the � amount assessed not exceeding $1 mil.lion, plus one i percent (1%) of that portion. o£ the amount assessed exceeding $1 million. Th.e :E�� shall be not 1.ess ��.a� $1 , 500. � - , (c) Costs shall be reimbursed to Bond Counsel. as follows: � 1) The cost of transportatior�., meals and , lodginge ; 2) The cost of prepar�.ng ��d��or`s z�ecord, .�� required: 7 cents per assessment for each year of the bond issue, with a minimum of $30� 0`�� . 'i 3 j I'he cost of io�g distar�ce tel�phone ca11s: a�t � billed cost . 4) The cos� of photocopying: 10 cents per she�t . ' The cost o�° a�h�r services £�r which Bo�.d Co�n�el znake� ' arrangements under this agreEment ��uch as bond ps°intiz�g � costs) sha11 be bill.ed to the Client and sha11 be paid by � Client directly to the payee. ' �d} Payment by Client af th� �ega,l fee �s can-�in�ent 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 1ega1. f�e. Both the legal fee and costs are payable upon delivery of the 3 � � : ' . � � � . � , � � , bonds . 4 . Bond Co�?n�e1 certifi.e� �hat i.� ha� nfl in��rest , either d::�rect or contingent, in any property or contract arising from or ' affected by tYie assessment district , except as Bond Counsel under �, this agree�ent. Bond Cour.sel do2s not represent any owner of property withi.n the proposed boundaries o� �his assessmen� district , , and has not received a fe� from any source for services conr.pc�ted � with the pro�ec� . DATED> March 16� 198'7 ; CITY OF REDDTrTG, a mun3.cipal� corpora�ion o� the State of California I B Y ; Mayor I ATTEST : By� � :�ThEL A. NSCHOLS , City C�erk � STURGIS, NESS , BRUNSELL � SPERRY a profes ional. corpora�ion � _ , � , _ BY /�u�Zc� crc.-- / , Samuel A. Sperr ; � , � 4 j�