HomeMy WebLinkAboutResolution 90-140 04/30/1990-. F~eSOIUtIOrl No. 90-140 N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING AGREEMENT
FOR LEGAL..SERVICES
NORTH MCDOWELL BOULEVARD ASSESSMENT DISTRICT NO. 17
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 North McDowell Boulevard Assessment District No. 17,
City of Petaluma, County of Sonoma, California, dated April 30,
1990, 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 ove to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting ,,
on the ..._3 O th---...... day of ........Apr i 1 ..................................... 19-.-9 ~ by the
following vote:
ity Attor ey
AYES: Tencer,~Cavanagh, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss
NOES: Woolsey
ABSENT: 0
_--..-_ .
ATTEST: .... ... ... ......... . ........ ........... ...........:.. . .
City Clerk Mayor
count File9 ~'-14 0 ...............
CA 10-55 Res. No . .............................. N.C.S.
AGREEMENT FOR LEGAL SERVICES
NORTH MCDOWELL BOULEVARD ASSESSMENT DISTRICT NO. 17
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 North McDowell
Boulevard Assessment District No. 17, City of Petaluma, County of
Sonoma, California.
(a) Preparation of all forms of reso utons,
. notices, affidavits, and other-documents
required by the Municipal Imprgvement Act of
1.9'13, including the legal format of the
engineer's report required by Section 10204.
(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 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 public ;meetings of
Client at which matters .re atng to the
assessment district are considered, except
routine matters.
(f) Attendance at staff meetings; or .meetings of
property owners, upon the request of the
Client, after reasonable notice.
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(g)~ Telephone consultation with-staff members and
property owners to answer legal questions about
the assessment. proceedings.
(h) Preparation of the no"tice invit°ng bads and
construction contract, if required., and review
of contract bonds and insurance documents.
(i) Arrangements for the printing of, improvement
bonds to represent unpaid as essments,
including,~~if required, the printing 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 negot~at-ion or by public bid, at the
option of Client, including `a review of
financial d-isclosure 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 leading to their issuance.
(n) Preparation of a transcript of the legal proceedings
in loose-leaf form for the use of the Client.
(o) Preparatio;
California
to Section
and to the
to section
1986).
n of the required reports to the
Debt Advisory Commission (pursuant
8855 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:
(aj Legal services in connection with the.
acquisition of interests i'n 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
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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, Clerit shall pay to Bond Counseh the following fee and
costs:
(a) The legal fee,of~8ond Counsel shall be, a scaled
percentage of the amount assessed as s'et forth
in the engi~reer's `report as final y approved
under Section 1.0312 ~ of the Street's, 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 no exceedng~$1
million, plus. one percent (1~') of that portion
of the amount assessed exceeding $''1 million.,
but not exceeding $10 million, pli_s one-half of
one percent (`1/2~) of that portion assessed
exceeding $l0 million, but not exceeding $20
million, plus one-fourth of one percent (,1/4~)
of all amounts assessed.exceed`ing ,$20 million.
The fee shall be"not less than $5,000.
(c) 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 for each-year of the bond
issue:, with a minimum of $3''b.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..
(d) Payment by Client of the legal ..fee is
contingent upon the levy of assessments and the
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sale and delivery of improvement bonds
representing unpaid assessments in the
assessment district. If for any reason,
assessments are not confirmed afid bonds
delivered, Bond Counse shall be paid no .legal
fee:.. Both the legal .fee and costs are payable
upon deli"very of the bonds.
4. Bond Counsel certifies thaw it has no interest, either
direct or contingent, in any property :or contract arising from or
affected by the assessment district, except ass 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 30, 1990
CITY OF PETALUMA, a muni pal corporation
of the Sta. f Calfo is
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~Y G
Ma
ATTEST:
By
ATRICIA E. BERNARD., City Cler
STURGIS,`NESS, BRUNSELL & SPERRY
a profess°ional corporation
By //T~t~. ~ --
Robert Brunsell
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