HomeMy WebLinkAboutReso. 1981 - 245 - Approving agreement for legal services - Western Ranches Water Assessment District no. 1981-5RESOLUTION
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
WESTERN RANCHES WATER ASSESSMENT DISTRICT NO. 1981-5
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 Western Ranches Water
Assessment District No. 1981-5, City of Redding, Shasta
County, California, dated October 19, 1981, 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 19th day of October,. 1981.
AYES: Councilmembers Demsher, Fulton, Kirkpatrick, and Pugh
NOES: Councilmembers None
ABSENT: Councilmembers G
ETHEL A. RICHTER, City Clerk, City of
Redding, Shasta County, California
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AGREEMENT FOR LEGAL SERVICES
WESTERN RANCHES WATER ASSESSMENT DISTRICT NO. 1981-5
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
Western Ranches Water Assessment District No. 1981-5, City
of Redding, Shasta County, California.
(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.
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(g) Telephone consultation with staff members
and 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 project cost set
forth in the engineer's report as finally
approved under Section 10312 of the Streets
and Highways Code. The "project cost" shall
be deemed to include estimated construction
cost, estimated or actual payment for the
acquisition of existing improvements and
real property, payments to other public
agencies or utilities, capacity charges, and
contingency amounts. The "project cost"
shall be deemed to exclude engineering,
legal, right-of-way and 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 be an amount equal to
three percent (3%) of that portion of
project cost not exceeding $1 million, plus
two percent (2%) of that portion of project
cost exceeding $1 million but not exceeding
$2 million, plus one percent (1%) of that
portion of project cost exceeding $2
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.
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.
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
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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 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: October 19, 1981
ATTEST:
By
City_ Cler
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CITY OF REDDING, a municipal
corporation of the State of
California
By
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
By