HomeMy WebLinkAboutResolutions 86-237 N.C.S. 09/02/1986~~S0~L1t10~~ i~1~.86-237 ~_ ~. ~
of t~~e ity of :I~ot~lurn~, California
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RESOLUTION APPROVING AGREEMENT FOR.~~LEGAL SERVICES
REEUNDTNG ASSESSMENT DISTRICT N0. 14
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 ~
SPERRY a professional corporation, for services of that firm as
Special Bond Counsel for the Refunding .Assessment District
No. 14, 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.
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ORBGiNAI
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Under ;the power and authority conferred upon this Council by the Charter of said City.
I .hereby certify the fore;oing Resolution ryas introduced and adopted by the.
) Approv a
Council of2ndCity of Petaluma at SeRtgem) er~g'd) (;~ meeting fo
on the .......................... day of ...........--p--........~.j..._......_.....:.........., 19.$.6., by the
following vote: .......... ....--- -_....------...-°--
Ci ttorney
AYES: Davis, Sobel, Woolsey, Cavanagh, Balshaw, Vice Mayor Tencer, Mayor Mattei
NOES:
ABSENT:
ATTEST: - ---- •----• . ... .......:. ` ` ....: _:...------...------•-----•------.......
City Clerk
COUNCIL FILE
FARM ~-o ~ ,~A~ o~a ~,,. 86-237
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Mayor
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AGREEMENT FOR LEGAL SERVICES
REFUNDING ASSESSMEN.T.DISTRICT N0. 14
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. 14, City of Petaluma, Sonoma County,
California.
(a) Preparation of all forms of resoluticns, notices,
affidavits, and other documents required by the
Refunding Act of 19.84 for 19.15 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 Claent's
engineering staff or consulting engineers,
including reassessment diagram and reassessment
roll.
(d) Attendance at all public meetings of Client at
which matter relating to the reassessment
district 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 Tegal questions about
the reassessment proceedings.
(g) Arrangements for the printing of refunding bonds
to represent unpaid reassessments.
Oi~GINL
AGREEMENT FOR LEGAL SERVICE'S
REFUNDING ASSE$SMEN.T'DISTRICT N0. 14
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. 14, City of Petaluma, Sonoma County,
California.
(a) Preparation o.f all forms of resolut-ions, notices,
affidavits, and other documents required by the
Refunding Act 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 .member- 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
district 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 f.or the printing of refunding bonds
to represent unpaid reassessments.
~. "~(hj The preparation of a record of assessment
installments for the use of the County Auditor,
if required..
(i) Arrangements for the sale o:f refunding. bonds
either by negotiation or by public bid, at the
option of Glient, including a review of financial
disclosure requirements and., if required, the
preparation of the nctice invi ing 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 itigation.
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 exoeedng $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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3) The cost of long distance telephone
calls: at billed cost.
4) The cost of photocopying: 10 cents per
sheet.
The cost of other service's 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 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 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
ATTEST'
By
ATRICIA BERNARD, City Clerk
Approved orm
Attorney
CITY OF PETALUMA, a
municipal co ration of
the State o ~ alifornia
By
Mayor
STURGTS, NESS, BRUNSELL ~ SPERRY
a professional corporation
By
Daniel C. Bort
~appro~ed
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F~~ance ices/f1:~Fli~or