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Home My WebLink AboutReso. 1979-130 Approving Agreement for Legal Services California-Market Street Storm Drain Assessment District 1979-3 � � • • RESOLUTION N0. J.i i � G� RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES CALIFORNIA-MARKET STREET STORM DRAIN ASSESSMENT DISTRICT 1979-3 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 b SPERRY, a pro- fessional corporation, for services of that firm as Special Bond Counsel for' California-Market Street Storm Drain Assessment Dis- trict 1979-3, City of Redding , Shasta County, California, dated August 6, 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 6th day of August, 1979 . AYES : Councilmembers Gdrd, Fulton. Kirkyatrick . Pt�ah anA 1lamche�+- NOES : Councilmembers None ABSENT: Councilmembers rrone MILDRED L. BRAYTON, City Clerk, City of Redding, Shasta County, Ca ifornia 1�.��.G�,i �:�1��,:�-, 'J v � � � =\o� �.�;.•:rap � V (��,3��-�a� . � � � AGREEMENT FOR LEGAS, SERVICES CALIFORNIA-MARKET STREET STORM DRAIN ASSESSMENT DISTRICT 1979-3 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, BYUNSFLL & 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 California-Market Street Storm Drain Assessment District 1979-3 , City of Redding, Shasta County , California: ( a) Preparation .of all forms of resolutions , n.otices , affidavits , and other documents reauired by the l,unicipzl Improvement Act ot 1 ?13 , inc�udina the lecal formzt of the encineer ' s report reauired by Section 10204. (b) The preparation of Written instructions to Client ' s Clerk and other stP:: members concernina the per- formance of legally-zecuired outies. ( c) RevieN of documents prepared by Client ' s engineering st�ff or consulting engineers , including bounoary mzp, zssessment dizgram , assessment roll , and the general provisions of construction specifications. (d ) Attendance at the public hezring on the engineer ' s report ( including continuances of the hezring , if any) (e) Attendance at all other public neetings of Client et which matters relzting to the assessment district are considered , except routine matters . (f) Attendance 2t staff ineetings or meetings of proper_ty oWners , upon the reavest of the Client , after � reasonable notice . (g ) Telephone consultation with staff inembers and property , ouners to answer legal auestions zbout the assessment pzoceedings . (h) Pzepazation of the notice inviting bids and construc- tion contract, if required , and review of contract L J' . ��... .. ....��.�n..4� ' � � - ( i) Arrangements for the printing of improvement bonds to represent unpaid zssessments , including the printing of a bond regi�ter and , if required , assessment install- ment notices . (j ) The preparation of a record of zssessment instzll- ments 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 zgreenent shall not include the followino : (�) Legal services in connection with the acquisition of interests in real property , either through neaotiation oc through exercise of the powec 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 Eond Counsel the following fee and costs : (a) The legal fee of Bond Counsel shall be a scaled percentage of the project cost set forth in the engineer ' s report as finaily approved under Section 10312 of the Streets end Highwsys Code . The "project cost" shall be deemed to include estimateC construction cost , estimated or actual payment for the acquisition of existing improvements -2- .. � � and real property, payments to other public agencies or utilities , capacity charges , and contingency amounts. The "project cost" shall be deemed to exclude engineer- ing , legal , right-of-way and other consultina or professional fees , inspection fees , bond printing costs , a1loWance for selling improvement bonds at a discount , and any other incidental expenses of the project . (b) The legal fee shall be an amount equal to three per- �ent ( 3� ) of that portion of project cost not exceeding $1 million , plus two percent (28 ) of that portion of project cost exceeding $1 million but not exceedina $2 million , plus one percent (18) of that portion of project cost exceeding S2 million . The fee shall not be less than 51 , 500. (c) Costs shzll be reimbursed to bond Counsel zs follows : 1) The cost of transportation . 2) The cost of preparing auditor ' s record , if reauired : Seven cents per e=se=sment for each year of the bond issue , with a minimum of 530. 00. 3 ) The cost of long distznce telephone calls : at billed cost . 4 ) The cost of photocopying : Ten cents per sheet. The cost of other services for which Bond Counsel makes arrzngements under this aareement (such as bond printing costs) shzll 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 szle and delivery of improvement bonds representing unpaid assessments in the assessment di=trict . If for any reason , assess- ments are not confirmed and bonds delivereca , Bond Counsel shall be paid no legal fee . Both the leaal fee and costs are payable upon delivery of the bonds . -3- � ' � � � - 4 . Bond Counsel certifies that it has no interest , either direct or contingent , in any property or contrzct 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: August 6 , 1979 CITY OF REDDING, a municipal corooration of the State of California By� ._J `.,�c4 �� b_•---�-� Mayor ATTEST: MILDRED L. BRAYTON, City Clerk , City of Redding, Shasta County , California i�/�.C.L�r�it.c ��o! -� .(_it_��1. �-.. JSTURGIS, NESS , B?�U*]SELL & SPERRY a profess'ional corporation � �l sy c��-r�c� � �/.i✓-y '� Samuel A. - Sperry✓ � -4-