HomeMy WebLinkAboutReso. 78-045 - Approving Agreement, North Bonnyview Area Sewer Assessment District No. 1978-1, City of Redding, Shasta County, California •:::::.
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RESOLUTION NO. 7p -4--6-.
RESOLUTION APPROVING AGREEMENT, NORTH BONNYVIEW AREA
SEWER ASSESSMENT DISTRICT NO. 1978-1 , CITY OF REDDING,
SHASTA COUNTY, CALIFORNIA
The City Council of the City of Redding resolves :
This Council approves that certain agreement between the
City of Redding and STURGIS, NESS & BRUNSELL a professional corpora-
tion, for services of that firm as Special Bond Counsel for the
North Bonnyview Area Sewer Assessment District No. 1978-1, City of
Redding, Shasta County, California , dated the 3rd day of April , 1978 ,
and attached to this resolution.
The Mayor of the City of Redding is authorized to sign
this agreement and the City Clerk is authorized to attest its execu-
tion.
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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 3rd day
of April , 1978, by the following vote, to wit:
AYES: Councilmembers Fulton, Gard, Kirkpatrick, Pugh, and Demsher
NOES: Councilmembers None
ABSENT: Councilmembers None
MILDRED L. BRAYTON, City Clerk,
City of Redding, Shasta County,
California
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AGREEMENT FOR LEGAL SERVICES
NORTH BONNYVIEW AREA SEWER ASSESSMENT DISTRICT
NO. 1978-1, CITY OF REDDING, SHASTA COUNTY,
CALIFORNIA
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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, California, referred to as Bond Counsel.
1. City retains Bond Counsel as special counsel to perform
the following legal services relating to North Bonnyview Area Sewer
Assessment District No. 1978-1, 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 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 the North Bonnyview Area
Sewer Assessment District No. 1978-1 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
contract, if requied, 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 install-
ment notices .
(j ) The preparation of a record of assessment installments
for the use of the County Auditor, if required.
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(k) Arrangements for the sale of improvement bonds either
by negotiation or by public bid, at the option of
City, including a review of financial disclosure re-
quirements 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 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 construction
cost, estimated or actual payment for the acquisition of existing im-
provements and real property, payments to other public agencies or
utilities , capacity charges and contingency amounts . The "project cost"
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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 per
cent (3%) of that portion of project cost not exceeding $1 million, plus
two per cent (2% ) of that portion of project cost exceeding $1 million
but not exceeding $2 million, plus one per cent (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.
3) The cost of long distance telephone calls :
at billed cost.
4 ) The cost of photocopying : l0G 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 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 North Bonnyview Area Sewer
Assessment District No . 1978-1 . If for any reason, assessments are
not confirmed and bonds delivered , Bond Counsel shall be paid no legal
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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 North Bonnyview Area Sewer Assessment District No.
1978-1, 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: April 3, 1978 .
CITY OF REDDING, a municipal corpora-
tion of the State of California
B6.-�---&
Mayor
ATTEST:
MILDRED L. BRAYTON, City
Clerk, City of Redding
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STURGIS , NESS & BRUNSELL a professional
corporati n
• BY C1)17
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