HomeMy WebLinkAboutResolution 91-336 11/18/1991,,1 ___
I~~SOIUtI®Cl N®. si-sss N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING AGREEMENT
FOR LEGAL SERVICES
PETALUMA AUTO PLAZA ASSESSMENT DISTRICT NO. 19
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 Petaluma Auto Plaza Assessment District No. 19, City of
Petaluma, County of Sonoma, State of California, dated November 18,
1991, and attached to this resolution.
The Mayor is authorized to sign the agreement and the
City Clerk is authorized to attest its execution.
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 ata (Regular) ~"-'=-•••--•~-" ~O-°°=°" meeting fO~
18th day of _...._November 91
on the .................. ................................................, 19........, by the
following vote:
City Attorney
AYES: Davis, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: None
ABSENT: Read, Cavanagh, Sobel
ATTEST : ........................
City Clerk
CA 10-85
--....--~ ------------' -• f
Mayor
Council File.....-----.C ........................
Res. No..9 ~.-~~C........... N.C.S.
n
AGREEMENT FOR LEGAL SERVICES
PETALUMA AUTO PLAZA ASSESSMENT DISTRICT NO. 19
This is an agreement for legal services between the CITY
OF PETALUMA, a municipal corporation of the St-ate of California,
referred to as Client., and STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation,. Attorneys at I;aw, Emeryville, California,
referred to ws Bond Counsel.
1. Client retains Bond Counsel as special counsel to
perform the following legal services relating to Petaluma Auto
`.
P1aaa.Assessment District No. 19, City of Petaluma, County of
Sonoma, 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 Section 10.204.
(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 boundary map, assessment diagram,
assessment r-oll, 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 public meetings of
Client at .which matters.relatng to the
assessment district are considered, except
routine matters.
(f) Attendance at staff meetings or meetings of
property,. owners; upon the request of the
Cl;ent,, after reasonable notice.
(g)~ Telephone consu-ltaton 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 required; and review
of contract bonds and insurance documents.
(i) Arrangements for the printing of improvement
bonds to represent unpaid, assessments,
includng,~f required, the prir-ting of a bond
register and assessment installment notices.
(j) The preparation of a record of assessment
installments for the use of the County Auditor,
if required.
(k) Arrangements for the sale of improvement 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.
(1) The preparation of bond delivery documents.
(m) The rendition of a legal opinion on the
validity of the improvement bonds and the
proceedings eading to their issuance.
(n) Preparation. of a transcript of the legal proceedings
in loose-leaf form for the use. of the Client.
(o) Preparation
California
to Section
and to the
to Section
1986) .
z of the required reports to the
Debt Advisory Commission (pursuant
88`55 et seq. of the Government Code)
Internal Revenue Service. (pursuant
149 of the Internal Revenue Code of
2.~ The services of Bond Counsel under this agreement shall
not include the following:
(a) Legal services in connection with the
acqu°siton 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
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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 o£ the amount assessed as set forth
in the engineer's report as finally approved
under Section 10312 of the Streets and Highways
Code.
(b) The legal fee shall be an amount equal to two
and one-half percent (2 1/2%)'.of that portion
of the .amount assessed not exceeding $1
:million, plus one percent (1%) of that portion
of the amount assessed exceeding ,.$ million,
but not exceeding $10 million, ,plus bne-half of
one ,percent (1/2%) of that portion assessed
exceeding $I0 million, but not exceeding $20
million, plus one-fourth of one percent. (1/4%)
of all amounts assessed exceedng_$'20 million.
The fee shall be not less than $-15,000.
(c) In .addition to the legal fee~specifed in paragraph (b)
above, if bonds representing unpaid .assessments are
issued in more than one issue, .'the legal fee shall
include $5,OOQ~fbr each issue after the first..
(d) 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 assessment .f or each year of the bond
issue, with a minimum of $30.00.
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 as bond printing
costs) shall be billed to the Client and shall be paid by
Client directly to the payee.
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(e) Payment by,•Client of the legal f'ee is contingent upon the.
levy of assessments and the sale and delivery of
improvement bonds repr-esenting unpaid assessments in the
assessment district. If for any reason, assessments are
not conf"firmed and bonds delivered, Bond Counsel shall be
paid no legal fee.
(f) Both the legal fee and costs are payable upon delivery of
the bonds>. If bonds areissued in .more than one issue,
the-cumulative amount payable ,after each delivery shall.
be calculated under- subparagraph (~b) by reducing the
amount bf the assessment by the par value of bonds
authorized, but not•issued; the amount payable after each
delivery shall be the cumulative amount payable less
amounts previously paid.
4. Bond Counsel certifies that it 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: November 18, 199 1
CITY OF PETA ,; a munici al
Corporation o the State f California
By_
Mayor
STURGIS,, NESS, BRUNSELL & SPERRY
a professional corporation
By
Robert Brunsell
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