HomeMy WebLinkAboutResolution 95-008 N.C.S. 01/03/1995 ' Resolution No. sa-os N.C.S.
of the City of Petaluma, California
1 RESOLUTION OF THE CITY OF PETALUMA APPOINTING
2 STURGIS, NESS, BRUNSELL AND ASSAF AS SPECIAL COUNSEL
3 FOR THE LAKEVILLE HIGHWAY ROAD IMPROVEMENTS
4 ASSESSMENT DISTRICT #24
5
6
7 WHEREAS, the City Council in 1986 approved a plan line for improvements to Lakeville
8 Highway; and
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10 WHEREAS, the project was designed in two phases, the soundwall and road improvements;
11 and
12
13 WHEREAS, the primary funding sources for the improvements is a special assessment on the
14 commercial and industrial properties benefiting from the improvements; and
15
16 WHEREAS, Assessment District #15 was created to fund the soundwall improvements which
17 were completed in 1988; and
18
19 WHEREAS, it is necessary to create a special assessment district for the road improvements;
20 and
21
22 WHEREAS, property owners within the assessment district will benefit from the public
23 improvements and will be assessed for all costs relating to the improvements and assessment district;
24 and
25
26 WHEREAS, a special legal counsel is required to establish an assessment district and issue the
27 special assessment bonds; and
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1 WHEREAS, the firm of Sturgis, Ness, Brunsell and Assaf has provided special counsel
2 services to the City for Assessment District #15 and all of the special assessment districts established
3 in the past and are well qualified and experienced.
4
S NOW THEREFORE BE IT RESOLVED by the City Council of the City of Petaluma that the
6 City Manager is hereby authorized to execute an agreement with Sturgis, Ness, Brunsell and Assaf for
7 special legal counsel services as identified in Exhibit A, attached hereto estimated at $73,150 relating
8 to Lakeville Highway Road Improvements Assessment District #24.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (7l7djtN7D7i7d$7Q~R9d3[3d~ meeting form
on the ..._....3Cd......... day of ................._JEnua.ey---.----..............,. 19.9.5.., by the
following vote:
Cit Attoine
AYES: Hamilton, Itlaguire, Shea, Stompe, Vice Mayor Read, Mayor Hilligoss
NOES: None
ABSENT: Barlas /
ATTEST: _ . -
C' y erk Mayor
Council File
CA IO.R5 kcs_ Na 9.5CQ 8______... ~-C.S.
' _ EHI--IIBIT A
AGREEMENT FORLEGAL SERVICES
ASSESSMENT DISTRICT N0. 24
LAIiEVILLE HIGIIwAYROAD IMPROVED~NT
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 & ASSAF a professional corporation, Attorneys at Law, Emeryville,
California, referred to as Bond Counsel.
1. Client retains Bond Coiinsel as special counsel to perform the following
legal senlces relating to Assessment District No. 24, Lakeville Highway Road
Improvement, City of Petaluma, Sonoma County, State of 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 Secrion 10204.
(b) The preparation of written instructions to Clieht's Clerk and
other staff members concerning the performance of legally
required duties.
(e) Review of documents prepared by Client's- engineering staff or
consulting engineers, including boundary map, assessment
diagram, assessment roll, and the general pro«sions of
construction specifications.
(d) Attendance at the public hearings 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 meetngs or meetings of property owners,
upon the request of the Client, after reasonable 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 construe-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,,if,required, the
printing of a bond register and assessment installment-notices;
(j) The preparaton of a record of assessment installments for the
use of the County Auditor, if required, and the. p"reparation bf
other records of electronic media, if it can be arranged, artlie
expense of the Client.
(k) Arrangements for the sale, of,improvement, bonds either by
negotiarion or by public bid, arthe option of Client, itcluding a
review of financial disclosure requirements and; if,required,
the preparation of the notice imnfing bond bids.
(I) 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.
(n) Preparation of a transcript of the legal proceedings in loose-leaf form
for the use of the. Client.
(o) Preparation of the required reports to the California Debt
Advisory Commission (pursuant to Section 8855 et seq, of the
Government Code) and to the Internal Revenue Service
(pursuant to Section ,149 of the Internal Reveriiie Code of
1986).
2. The services of Bond Counsel underthis_ agreement shall not include the
following:
(a) Legal,,servicestn connection with the. acquisition of interesu in
real property, either 'through negotiation or through exercise of
the power of eminent domain:
(b) Legal services, in connection. with litigation.
The performance1by Bond Counsel "of services excluded by this paragraph, if required. by
Client, shall be tinder separate oral or written agreement.
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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 assessed as set forth in the engineer's report as
finally approved under Section 10312 of the Streeu and
Highways Code.
(b) The basic legal fee shall be an amount equal to one percent
(1%) of that portion of the amount assessed not exceeding 510
million, plus one-half of one percent (1/2%) of that portion
assessed exceeding 510 million, but not exceeding 520 million,
plus one-fourth of one percent (1/4%) of all. amounts assessed
exceeding 520 million.
(c) In addition to the basic legal fee specified in paragraph (b) above, if bonds
representing unpaid assessments are issued in more than one issue, the
legal fee shall include 55,000 for each issue afrer the first.
(d) In addition to the basic legal fee, for projects in which the total
assessment is less than 54,000,000, bond counsel shall be paid
a surcharge equalling one quarter of one percent (0.250 of
the difference between 54,OOQ000 and the assessment amount.
(e) Costs shall be reimbursed to Bond Counsel as follows:
1) Filing and recording fees and publication costs
advanced on behalf of Client
2) The cost of preparing auditor's record, if
required: 7 cents per assessmenrfor each year of
the bond issue, with a minimum of 530.00.
3) Costs of Federal Express or similar delivery
service.
4) Cost of preparation of notices to property
owners.
The cost of other services for which Bond Counsel makes arrangements
under this agreement (such a"s bond pointing costs and preparation of
records on electronic media) halL'be billed to the Client and shall be paid
by Client directly to the payee.
(f) Payment by Client of the legal fee is contingent upon the leery
of assessments and the sale and delivery of improvement
3
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bonds representing unpaid assessments`in the assessment.
district. If for any reason, assessments are riot confirmed and
bonds delivered, Bond Counsel shall be paid no legal fee.
(g) Both the legal feeand.costs are payable upon delivery of'the
bonds. If bonds are issued in more than one issue; the
cumulative amourit payable after each delivery shall be
calculated. under subparagraph (b) by reducing the.arriount of
the assessment by the par value of bonds authorized but not
issued; the amount payable after each delivery shalh be the
cumulative amount payable less amounts previously paid.
4. Bond Counsel certifies thatit 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 within the proposed boundaries of this. assessment district, and has not received
a fee from any source for services connected with the project.
DATED: January 3, 1995
CITY OF PETALUNIA; a murcipal
corporation of the State of
California
By
MAYOR
ATTEST:
sy
CITY CLERK
STURGIS, NESS, BRUNSELL & ASSAF
a professional corporation
By~j~~~a
Robert Brunsell
4