HomeMy WebLinkAboutReso. 1979-025 Approving Agreement for Legal Services Redbanks Subdivision Assessment District No. 1977-5 . � _. �� !
RESOLUTION N0. %� 7��)
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
REDBANKS SUBDIVISION ASSESSNL.NT DISTRICT NO . 1977-5
� The City Council of the City of Redding resolves :
This City Council approves that certain agreement between
the City of Redding and STURG25, NESS & BRUNSELL a professional cor-
poration, for services of that firm as Soecial Bond Counsel for
Redbanks Subdivision Assessment District No. 1977-5 , City of
Redding, Shasta County, California, dated February 5 , 1979 ,
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 Sth day of February, 1979 , by the following vote, to wit:
AYES : Councilmembers Fulton, Gard, Kirkpatrick, and Demsher
NOES : Councilmembers None
ABSENT: Councilmembers Pugh
MILDRED L. BRAYTON, City Clerk,
City of Redding, Shasta County,
California
� , ���� �. �� �, ��.��,_ . ��� .�
� J ,
.�
, �
s
�, �. � . � ;: u
� �� ��� �u��� �
: � • !
AGRF.EMENT FOR LFGAL SERVICF.S
REDBANKS SOBDIVISION ASSESSMFNT DISTRICT N0. 19? ?-5
This is an agreement for legal services betweer, 'the
CITY OF RF.DDING, a municipal corporation of the State of
California , ceferred to ss Client , and STURGIS , NESS & BRUNSELL 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 Redbanks
Subdivision Assessment District No . 1977-5 , City of Redding ,
Shasta County , California :
(a) Preparation of all forms of resolutions , notices ,
affid�vits , and other documents reauired by the
t4unicipal Improvement Act of 1913 , including the
legal format of the engineer ' s report req_uired
by Section 10204 .
(b) The preparation of written instructions to Client ' s
Clerk znd other staff inembers concerning the per-
formence of legally-reGuired duties .
(c) Review of documents prepared by Client ' s engineering
staff or consulting engineers , including boundary
n�p , asse=sment diagram, assessment roll , and the
general provisions of construction specifications.
(d) Attendance at the public hea� ing on the engineer ' s
report ( including continuances of the hearing , if
any) .
(e) Attendence at all other public meetings of Client
at which matters relating to the asse=sment distric't
are considered , except routine matters .
(f) Attendance at staff ineetings or meetings of property
owners , upon the request of the Client , after
reasonable notice .
(g ) Telephone consultation with staff inembers and property
owners to answer legal questions about the assessment
proceedings .
(h) Preparation of the notice inviting bids and construc-
tion contract , if required , and review of contract
bonds and insurance documents .
-1-
� ( i) Arrang•nts for the printing of i•rovement bonds to
. r�oresent unpaid zs�essment_= , ir.cludir.a the printing
of a bcnd regi=ter and , if required , assessment instzll-
ment notices .
(j ) The preparstion of a recero of assessment install-
mer.ts for the use of the Cour.ty P.uditor , 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 proceedinqs leading to
their issuance .
(n) The preparation and prosecution of an action in the
Superior Court to validate the proceedings , if required .
2 . The services of Bond Co�nsel under this agreement
shall not include the following :
(a) Legal secvices in conr.ection with the acc,uisition of
interests in real property , eitner through negotiztion
or through exercise of the oower of eminent domain .
(b) Legal services in connection with litigation ,
other than as hereinabove set forth.
The perfornance by Bono Counsel of services
excluded by this paragrGph , if required by Client , shall be under
separate oral or written agreement .
3 . In con_=ideration of the services set forth in
pacagraph 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 project cost set forth i7 the engineer ' s report
as finally approved under Section 10312 of the Streets
and Highw�ys Code . The "project cost" shall be deemed to
includ2 estimated construction cost , estimated or act�al
payment for the acquisiti.on of existing improvemer.ts
-2-
_ ' ' � �
and re�l property , payments to other public agencies
or utilities , capacity chzrges , and contingency amounts
The "project cost" shall be deemed to exclude engineer-
ing ; legal , right-of-way end other consulting or
professional fees , inspection fees , bond printing
. . costs , allowance for selling improvement bonds at a
discount , and any other incidental expenses of the
project.
(b) The legal fee shall 6e an amount equal to three per-
cent (3€) of that portion of project cost not exceeding
$1 million , plus two percent ( 28) of that portion of
project cost exceeding $1 million hut not exceeding
S2 millior. , plus one percent (1� ) of that portion of
project cost exceeding 52 million . The fee shall not
be less than $1 , 500.
(c) Cost� shall be reimbursed to Bond Counsel as follows :
1 ) The cost of transportation .
2) The cost of preparing auditor ' s record , if
required : Seven cents per assessment for each
yeac of the bond issue , with a minimum of $30 . 00 .
3) The cost of long distance telephone calls :
at billed cost .
9 ) The cost of photocopying : Ten 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) Yayment by Client of the legal fee is contingent upon
the levy of assessments and the sale and delivery of
improvement bonds representing unpaid a=sessments in
the assessment district . If for any reason , assess-
ments 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 .
-3-
. � . � ! •
4 . Bond Counsel certifies thet 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:
CITY OF REDDING, a municipzl corporation
of the State of California
By
Mayor
ATTEST:
�1ILDRED L. BP.FYTON , City Clerk ,
City of Redding , Shasta County ,
California
By
STURGIS , NESS & ERUNSELL
a professional corporation
Attorneys at Law
By
-4-