HomeMy WebLinkAboutTC Res 1967-11-27
RESOLUTION J\O. 176
RESOLUTION APPOINTIJ\G SPECIAL BOJ\D COUNSEL AND
AUTHORIZING EXECUTIO!\l OF AGREF1EKT
BE IT RESOLVED by the City Council of the City of
Tiburon, Marin County, California, that STURGIS, DEN-DULK, DOUGLASS
& AJ\DERSOJ\, Attorneys at Law, Oakland, California, be, and they
are hereby, appointed as Special Bond Counsel to conduc~ special
assessment district proceedings in El Marinero Assessment District
No. 1967-1, City of Tiburon, Marin County, California; and
BE IT FURTHER RESOLVED that the employment of the said
STURGIS, DEN-DULK, DOUGLASS & ANDERSON shall be as provided in
the attached agreement; and
BE IT FURTHER RESOLVED that' the !'>layor of the Ci ty of
Tiburon be authorized to sign, and the City Clerk thereof be author-
ized to attest, that certain agreement employing the said STURGIS,
DEN-DULK, DOUGLASS & ANDERSON as Special Bond Counsel to do and
perform the services therein set forth and upon the compensation
therein provided for.
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'I;
'I;
I HEREBY CERTIFY that the foregoing Resolution Kas duly
and regularly adopted by the City Council of the City of Tiburon,
Marin County, California, at a regular meeting thereof, held on the
27th day of November, 1967, by the following vote, to wit:
NOES:
Counc i lmen Dro~~n-, Strawbridge., ~o_~f1:1~.:.~_______.__________
Counc i 1 men None
AYES:
ABSEKT:
Councilmen B'i::emer. Fanning
~/7_.. d~
~ROSE, (it: Clerk,
City of Tiburon, Mari~ County,
California.
(SEAL)
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'AGREEMENT
THIS AGREEMENT, made and entered into this 27th day
of November, 1967, by and between the CITY OF TIBUROK, a municipal
corporation, hereinafter called First Part~ and STURGIS, DEN-
DULK, DOUGLASS & ANDERSON, Attorneys at Law, Special Bond Counsel,
hereinafter called Second Party;
WIT N E SSE T H:
That for and in consideration of the mutual covenants
and agreements herein contained, the parties hereto agree as follows:
1. First Party proposes to initiate proceedings for
the improvements and acquisitions in EI Marinero Assessment Dis-
trict No. 1967-1, City of Tiburon, Marin County, California.
2. First Party hereby employs Second Party as Special
Bond Counsel and Second Party hereby agrees to accept said employment
by First Party in said proceedings. Said services shall include
the follo\-:ing:
a. Such preliminary consultations and advice as are
necessary with First Party officials, or First
Party officials and groups not comprised of First
Party officials, to determine the best proceedings
to be taken and what district is to be formed;
b. Preparation of any and all proceedings from the
time of commencement of formal proceedings by
petition or action of the governing body of
First Party through to consummation of the pro-
ceedings and sale of the special assessment bonds
which may be issued in connection with said
proceedings;
c. Complete supervision of all stages of the pro-
ceedi~gs and attendance at such public and pri-
vate meetings as are necessary to carry the
project through to completion;
d. Second Partv is to be available for consulta-
tion by First Party officials, groups and/or
individuals for information and consultation with
relation to such proceedings by telephone or
otherwise if it can be arranged;
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e.
Second Party agrees that there shall be included
in the amount of the fee provided to be paid
opinion to the purchaser or purchasers of bonds
which may be issued in the proceedings.
3.
The fee provided for herein does not include out-
of-pocket expenses of Second Party for transportation, comrnunica-
tion or other out-of-pocket expenses, or for any services in con-
nection with litigation.
4. Second Party shall receive as compensation for
the services herein agreed to be provided the sum of three per
cent (3%) of the cost of construction, including acquisitions,
and contingencies but in no event shall said compensation b~ less
than $1,500.00.
5. The fee herein provided for shall not include any
services in connection with acquisition of rights-of-way or proceed-
ings in eminent domain. Any services rendered by Second Party
in connection with the acquisition of land for rights-of-way or
eminent domain proceedings, including all costs in connection
with such acquisitions, shall be paid far in addition to fees
herein provided for, and shall be payable in the same manner as
other fees.
6. In/the event said proceedings are not carried through
to conclusion, or shall be abandoned, then Second Party shall
receive nothing.
7. All payments required to be made to Second Party shall
be paid out of assessment district funds, and there shall be no lia-
bility upon First Party to make any payments out of any other funds.
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It\ WITNESS \\'HEREOF, the parties hereto have hereunto
subscribed their names, First Party by the Ma~or of said City of
Tiburon, attested by its City Clerk,the day and year in this agreement
first above written.
~~~RON' a municipal
BY/ " _ ~/@ _ Q
lavor
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Attest:
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"FIRST PARTY"
STURGIS, DEN-DULK, DOUGLASS & ANDERSON,
Special Bond Counsel
By
"SECOND PARTY"
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