HomeMy WebLinkAboutReso. 1981 - 166 - Approving agreement for legal services - Patterson Tract Unit 2 Assessment District No. 1980-6RESOLUTION NO.
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
Patterson Tract Unit 2 Assessment District No. 1980-6
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
the Patterson Tract Unit 2 Assessment District No. 1980-6, City of
Redding, Shasta County, California, dated August 17, 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
17th day of August, 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
Patterson Tract Unit 2 Assessment District No. 1980-6
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 Patterson Tract Unit 2 Assess-
ment District No. 1980-6:
(a) Preparation of all forms of resolutions, notices,
affidavits, and other documents required by the Muni-
cipal 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 per-
formance 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 reason-
able notice.
(g) Telephone consultation with staff members and property
owners to answer legal questions about the assessment
proceedings.
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(h) Preparation of the notice inviting bids and construc-
tion 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 in-
stallment 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 require-
ments 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 the sum
of Four Thousand, Five Hundred Dollars ($4,500.00)
(b) Costs shall be reimbursed to Bond Counsel as follows:
1) Cost of transportation.
2) The cost of preparing auditor's record, if
required; 7 cents per assessment for each year
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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.
(c) 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 de-
livery 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 with-
in the proposed boundaries of this assessment district, and has not
received a fee from any source for services connected with the project.
DATED: August 17, 1S
ATTEST:
ETHEL A. RICHTER,
City Clerk
STU S NESS, BRUNSELL & SPERRY
a pro essional corpor tion
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