HomeMy WebLinkAboutCity Council Resolution 2473.1 RESOLUTION NO. 2473. !
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING AGREEMENT FOR LEGAL SERVICES
VILLAGE PARKING DISTRICT NO. 3
The City Council of the City of Saratoga resolves:
This Council approves that certain agreement between the
City of Saratoga and STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation, for services of that firm as Special Bond
Counsel for Village Parking District No. 3, City of Saratoga, Santa
Clara County, California, dated April 6, 1988, and attached to this
resolution.
The Mayor is authorized to sign the agreement and the
City Clerk is authorized to attest its execution.
, , ,
The above and foregoing resolution was passed and adopted
at a regular meeting of the Saratoga City Council held on the 6th
day of April, 1988, by the following vote:
AYES: CouncilmemkersAnde~son, Clevenger, Hlava~M~yles ~dMayor Peterson
NOES: None
ABSENTNone
ATTEST:
Deputy City
AGREEMENT FOR LEGAL SERVICES
VILLAGE PARKING DISTRICT NO. 3
This is an agreement for legal services between the City
of Saratoga, 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 Village Parking
District No. 3, City of Saratoga, Santa Clara 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 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 relating 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.
(g) Telephone consultation 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, including
the printing of a bond register and, if
required, 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
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 Revenue Code of
1986).
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 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 (2.50%) of that portion of
the amount assessed not exceeding $1 million,
plus one percent (1.00%) of that portion of the
amount assessed exceeding $1 million, but not
exceeding $10 million, plus one-half of one
percent (.5%) of that portion assessed exceeding
$10 million, but not exceeding $20 million, plus
one-fourth of one percent (.25%) of all amounts
assessed exceeding $20 million. The fee shall be
not less than $5,000.
(c) 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.
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.
(d) Payment by Client of the legal fee is contingent
upon the levy of assessments and the sale and
delivery of improvement bonds representing
unpaid assessments in the assessment district.
If for any reason, assessments 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 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:
CITY OF SARATOGA, a municipal
corporation of the State of California
By
City Clerk ~
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
By -v Phi~p D~ Assay'~