HomeMy WebLinkAboutResolutions 86-234 N.C.S. 09/02/1986.. ~ _ /\
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EP - 2 1986 T
~~SC~~.ttC~~ I~1C. 86~-234 ~. ~. ~.
of tl~c amity of F~talurna, California
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
.REFUNDING ASSESSMENT DISTRICT N0. 10
The City Council of the City of Petaluma resolves:
This City Council approves that certain agreement
between the CITY OF PETALUMA and STURGIS, NESS, BRUNSELL F~
SPERRY a professional corporation, for services of that firm as
Special Bond Counsel for the Refunding Assessment District
No. 10, City of Petaluma, Sonoma County, California, dated
September 2, 1986, and attached to this resolution.
The Mayor is authorized to sign the agreement and the
City Clerk is authorized to attest its execution.
ReGINAI
'Under the. power and authority conferred upon this Council by the Charter of said Citv.
I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the Citq of Petaluma at a (Regular) (~d¢dia~d~ (#~ meeting A r to
on the ......~.n.d-----..... day of ......Sep?t_ember•-•----------.._...., l9. S6, by the m
following vote:
itp Attorney
AYES: Davis, Sobel,, Woolsey, Cavanagh, Balshaw, Vice Mayor Tencer, Mayor Mattei
NOES:
ABSENT: --
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ATTEST. - ---••-----•-•- ----•-•---=-----~ .....::...:........................._....----.......------ ----•-••------.....-~- -= -- -----...-• - --..............---.......................-•---._-
City Clerk Mayor
COUNGL Fi<<
'FARM ~q.2 r/an ~°~ "~^ 8.6-234
AGREEMENT FOR LEGAL SERVICES
REFUNDING ASSESSMENT DISTRICT N0. 10
CITY OF PETALUMA
This is an agreement for legal services between the
City of Petaluma, 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 Refunding
Assessment District No. 10, City of Petaluma, Sonoma County,
California.
(a) Preparation of all forms of resolutions, notices,
affidavits, and other documents requ°ired by the
Refunding Aet of 1984 for 1915 Improvement Act
Bonds (.the ".Act"), including the legal format of
the reassessment report required by Section 9523
of the Streets and Highways Code.
(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 reassessment diagram and reassessment
roll.
(d) Attendance at all public meetings of Client at
which matters relating to the reassessment
d"strict are considered, except routine matters.
(e) Attendance at staff meetings or meetings of
property owners, upon the request of the Client,
after reasonable notice.
(f) Telephone consultation with staff members and
property owners to answer legal questions about
the reassessment 'proceedings.
(g) Arrangements for the printing of refunding bonds
to represent unpaid reassessments.
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(h) The preparation of a record of assessment
installments for the use of the County Auditor,
if required.
(i) Arrangements for the sale: of refunding 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.
(~) The preparation of bond delivery documents.
(k) The rendition of a legal opinion on the validity
of the refunding 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 amount set forth in the
reassessment report equal to one and one- quarter
percent (1-1/4%) of that portion of the amount
assessed not exceeding $'1 milliom, plus one-half
of one percent (.5%) of that portion of the
amount assessed exceeding $1 million. The fee
shall not be less than $1,500.
(b) Costs shall be reimbursed to Bond Counsel as
follows:
1) The cost of transportation, meals and
lodging.
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.
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'A s.' s
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
reassessments in the reassessment district. If
for any .reason, reassessments are not confirmed
and bonds delivered, Bond Counsel shall be paid
no legal fee. Both th'e 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 reassessment district, except as Bond
Counsel under this agreement. Bond Counsel does not represent
any owner of property within the proposed boundaries of this
reassessment district, and has not received a fee from any
source for services connected with the project.
DATED: September 2, 1986
CITY OF PETALUMA, a
municipal. corporation of
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ATTEST:
ts~rc,~vr~xli, Vitiy c;lerx:.
~ppro~~d
~~., a..,e ~~ic~ F~uc~ita~
~STURGIS, NESS, BRUNSELL ~ SPERRY
' a professional corporation
By
Daniel C. Bort
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