HomeMy WebLinkAboutTC Res 1990-04-18 (2)
RESOLUTION NO. 2697
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AGREEMENT FOR LEGAL SERVICES
HILLHAVEN UNDERGROUNDING ASSESSMENT DISTRICT NO. 1990-2
The Town Council of the Town of Tiburon resolves:
This Council approves that certain agreement between the
Town of Tiburon, and STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation, for services of that firm as Special Bond
Counsel for Hillhaven Undergrounding Assessment District No. 1990-
2, Town of Tiburon, Marin County, California, dated April 18, 1990,
and attached to this resolution.
The Mayor is authorized to sign the agreement and the
Town Clerk is authorized to attest its execution.
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on April 18, 1990, by the following vote:
AYES:
Councilmembers Friedman, Coxhead, Thayer, Kuhn
and Logan
NOES:
None
ABSENT:
None
/1
/ ' l i ~ . ' ;' :" 't:a::/"--\'-" ....
PETERB. LOGAN, MAYOR
Town of Ti'huron
ATTEST:
By
AGREEMENT FOR LEGAL SERVICES
HILLHAVEN UNDERGROUNDING ASSESSMENT DISTRICT NO. 1990-2
Town of Tiburon
This is an agreement for legal services between the Town
of Tiburon, a municipal corporation of the State of California,
referred to as Town, and STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation, Attorneys at Law, Emeryville, California,
referred to as Bond Counsel.
1. Town retains Bond Counsel as special counsel to
perform the following legal services relating to Hillhaven
Undergrounding Assessment District No. 1990-2, Town of Tiburon,
Marin County, 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
Town's Clerk and other staff members concerning
the performance of legally required duties.
(c) Review of documents prepared by Town'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 Town
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 Town,
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, 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 negotiation or by public bid, at the
option of Town, including a review of financial
disclosure requirements and, if required, the
preparation of the notice inviting 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 Town.
(0) 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).
(p) Preparation and execution of a program to
collect delinquent assessments on behalf of
Town, including the filing and prosecution of
foreclosure actions in Superior Court in
connection therewith.
2. The services of Bond Counsel under this agreement shall
not include the following:
2
(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
Town, shall be under separate oral or written
agreement.
3. In consideration of the services set forth in
paragraph 1, Town 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 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 $1 million,
but not exceeding $10 million, plus one-half of
one percent (1/2%) of that portion assessed
exceeding $10 million, but not exceeding $20
million, plus one-fourth of one percent (1/4%)
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) Filing and recording fees and publication costs
advanced on behalf of Town
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) Costs of Federal Express or similar
delivery service.
3
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 Town and shall be paid by Town directly to
the payee.
(d) Payment by Town 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:
April 18, 1990
ATTEST:
BY~
THERESE M.
TOWN OF TIBURON, a municipal corporation
of the State of California
. /:;/ -l)
/7
By fal ,..)
PETER B. , MAYOR
CLERK
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
~
Dan1e C. Bort
By
4