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HomeMy WebLinkAboutReso. 78-036 - Approving Agreement for Legal Services Mac's Road Assessment District No. 1978-2 RESOLUTION NO. 7$'-St RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES MAC ' S ROAD ASSESSMENT DISTRICT NO. 1978-2 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 a professional corporation, for services of that firm as Special Bond Counsel for Mac ' s Road Assess- ment District No. 1978-2, City of Redding, Shasta County, California, dated March 20, 1978 , 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 20th day of March, 1978 , by the following vote, to wit: AYES : Councilmembers Gard, Kirkpatrick, Pugh, and Fulton NOES : Councilmembers None ABSENT: Councilmembers Demsher MILDRED L. BRAYTON, City Clerk, City of Redding , Shasta County, California • 00 6' r_ • • AGREEMENT FOR LEGAL SERVICES MAC ' S ROAD ASSESSMENT DISTRICT NO. 1978-2 This is an agreement for legal services between the City of Redding, a municipal corporation of the State of California, and STURGIS , NESS & BRUNSELL a professional corporation, Attorneys at Law, Emeryville, Califor- nia, referred to as Bond Counsel . 1. City retains Bond Counsel as special counsel to perform the following legal services relating to Mac' s Road Assessment District No. 1978-2 : (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 the City Clerk and other staff members concerning the performance of legally- required duties. (c ) Review of documents prepared by the City 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 meetings of the City Council at which matters relating to Mac ' s Road Assessment District No. 1978-2 are considered, except routine matters. (f) Attendance at staff meetings or meetings of property owners, upon the request of the City, 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 con- tract, 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. -1- 4.7?`l Y .!vp RI 3 n I' a 1 (k) Arrangements for the sale of improvement bonds either by negotiation or by public bid, at the option of the City, including a review of financial disclosure requirements and, if recuired, 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 exer- cise 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 requested by City, shall be under separate oral or written agreement. 3 . In consideration of the services set forth in paragraph 1 , City 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 con- struction 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 engi- neering, legal, right-of-way and other consulting or professiona: 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 millior 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 : 7C per . assessment for each year of the bond issue, with a minimum of $30. 00. • _0_ 3) The cost of long distance telephone calls : at billed cost . 4) The cost of phyotcopying: 10 per sheet . The cost of other services for which Bond Counsel makes arrange- ments under this agreement (such as bond printing costs) shall be billed to the City and shall be paid by the City directly to the payee. (d) Payment by City of the legal fee is contingent upon the levy of assessments and the sale and delivery of improvement bonds representing unpaid assessments in Mac ' s Road Assessment Dis- trict No . 1978-2. 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 Mac ' s Road Assessment District No. 1978-2, 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: March 20, 1978 CITY OF REDDING, a municipal corporatio,r of the State of California By I-4 • 4 _ 1', Mayor ATTEST: MILDRED L. BRAYTON, City Clerk City of Redding, Shasta County, Californiaif/ z„, JSTURGIS , NESS & BRUNSELL a professional corporation, Special Bond Counsel By /"k4f _1_