HomeMy WebLinkAboutReso. 1981 - 100 - Approving agreement for legal services - Henderson Road Assessment District No. 1981-1RESOLUTION NO. 9/ - / 0 o
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
HENDERSON ROAD ASSESSMENT DISTRICT NO. 1981-1
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 & SPERRY a profes-
sional corporation, for services of that firm as Special Bond Counsel
for Henderson Road Assessment District No. 1981-1, City of Redding,
Shasta County, California, dated 3une 1, 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 1st day
of June, 1981.
AYES: Councilmembers Demsher, Fulton, Gard, Kirkpatrick and Pugh
NOES: Councilmembers None
ABSENT: Councilmembers None
ETHEL A. RICHTER, City Clerk
City of Redding, Shasta County,
California
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AGREEMENT FOR LEGAL SERVICES
HENDERSON ROAD ASSESSMENT DISTRICT NO. 1981-1
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 cor-
poration, 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 Henderson Road Assessment Dis-
trict No. 1981-1:
(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, assess-
ment 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 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.
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(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 nego-
tiation 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:
(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.
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(b) The legal fee shall be an
(38) of that portion of p
million, plus two percent
cost exceeding $1 million
plus one percent (1%) of
exceeding $2 million. The
$1,500.
amount equal to three percent
roject cost not exceeding $1
(2%) of that portion of project
but not exceeding $2 million,
that portion of project cost
fee shall not be less than
(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
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 pay-
able 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 this
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project.
DATED: June 1, 1981.
ATTEST:
ETHEL A. RICHTER,
City Clerk
CITY OF REDDING,
corporation
STURGIS, NESS, BRUNSELL & SPERRY
a profes onal corporation
By
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