HomeMy WebLinkAboutReso. 1987-090 - Resolution approving for legal services jewell lane sewer accessment district no. 1987-1 , �� . . � �
RESOLUTION N0. 7�
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
JEWELL LANE SEWER ASSESSMENT DISTRICT N0. 1987-1
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 F� SPERRY a
professional corporation, for services of that firm as Special Bond
Counsel for Jewe11. Lane Sewer Assessment District No . 1987-1 , City
of Redding; Shasta County, California, dated April 7, 1987, and
attached to this resolution.
, The Mayor is authorized to sign the agreement and the City
Clerk is authorized to attest its execution.
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I HEREBY CERTIFY that the foregoing resolution was duly
and regul.arly adopted by the City Council of the City of Redding,
Shasta County, California, at a regular meeting thereof, held on the
7th day of April , 1987.
AYES: Councilmembers Carter, Dahl , Gard, Johannessen, & Fulton
NOES: Councilmembers None
ABSENT: Councilmembers None
ETHEL A. NICHOLS , City Clerk,
City of Redding, Shasta County, California
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; AGREEMENT FOR LEGAL SERVICES
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JEWELL LANE SEWER ASSESSMENT DISTRICT NO. 1987-1
This is an agreement for legal services between the City
� of Redding, a municipal corporation of the State of California,
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referred to as Client, and STURGIS, NESS, BRUNSELI, � 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 Jewell Lane Sewer
Assessment District No. 1987-1 , City of Redding, Shasta County,
California.
(a) Preparat3.on 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 inembers 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.
1 (f) Attendance at staff ineetings or meetings of property
� owners, upon the request of the Client , after
reasonable notice.
1 (g) Telephone consultation with staff inembers and
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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 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 Serv�.ce (pursuant to Section 149 of the
' Internal Revenue Code_of___1986)_._ __ _ . _ __ _
' 2. The services of Bond Counsel under this agreement
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shall not include the following:
i (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
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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 sealed
' 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 (2-1/296) of that portion of the
amount assessed not exceeding $1 million, plus one
percent (196) of that portion of the amount assessed
exceeding $1 million. The fee shall be not less than
. $1 , 800.
� (c) Costs shall be reimbursed to Bond Counsel as follows:
1) The cost of transportation, meals and
1.odg�ng.
2) The cost of preparing auditor's record, if
required: 7 cents per assessment for each year -
of the bond issue, w3.th 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
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arrangements under_ this agr.eement (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 sha11 be paid 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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direct or contingent, in any property or contract arising from or
' affected by the assessment distr3.ct, 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 pro�ect.
DATED: April 7, 1987
' CITY OF REDDING, a
� municipal corporation of
� the State of California
By
Mayor
ATTEST:
By
, ETHEL A. NICHOLS, City Clerk
STURGIS, ESS, BRiTNSELL � SPERRY
� a profes onal corporation
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� BY
, muel A. p rry
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