HomeMy WebLinkAboutReso. 1983 - 175 - Resolution approving agreement for legal services waterfall and other areas sewer assessment district no. 1983-8 411
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RESOLUTION NO. F3-/ 75-
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
WATERFALL AND OTHER AREAS SEWER ASSESSMENT DISTRICT NO. 1983-8
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 Waterfall and Other Areas Sewer
Assessment District No. 1983-8 , dated September 6, 1983 , 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 6th day of September , 1983.
AYES: Councilmembers Demsher, Fulton, Kirkpatrick, Pugh, and Gard
NOES : Councilmembers None
ABSENT: Councilmembers None
ETHEL A. NICHOLS, City Clerk, City of
Redding , Shasta County, California
BY ifi-C,//V.. //,6t"ZL6/.2
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411
AGREEMENT FOR LEGAL SERVICES
WATERFALL AND OTHER AREAS SEWER ASSESSMENT DISTRICT NO. 1983-8
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 Waterfall and
Other Areas Sewer Assessment District No . 1983-8 :
(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
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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 .
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:
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(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. The fee shall
not be less than $1 ,500.
(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. r
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
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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: September 6, 1983
CITY OF REDDING, a municipal
corporation of the State
of California
By
Mayor
ATTEST:
By
ETHEL A. NICHOLS, City Clerk
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
BY
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