HomeMy WebLinkAbout73-106RESOZUTZON No. 7~_~~F
RESOLUTION APPOINTING SPECIAL BONA COUNSEL AND
AUTHQRIZING EXECUTION O~ AGREEMENT
BE IT RESOLVED by the Board of Supervisors of the County
of Butte, State of.California, that STURGIS, DEN-DULK, DOUGLASS &
ANDERSON, Attorne.ys at Law, pakZand, CaZifornia, be, and they are
hereby, appoin~ed as Specia]. Bond Counsel to aonduct special assess-
ment districti proceedings in Firlanc3 Acres Assessment pistrict,
County of Butte, 5tate of California; and
BE IT FURTHER RESOL~IED that the employment of the said
`5~'URGrS, DEN-DULK, DOUG~,ASS & ANDER50N shalZ be as prpvided in the
attached agreement; and
~E IT FURTHER R~SOLVED that the Chairman of the Board of
Supervisors of the County of Butte be authorized to sign, and the
County Clerk thereof be authorized to attest, that aex-tain agree--
ment employing the said STURGIS, DEN-Dt3LIi, DOUGLASS & ANDERSON as
Special Bond Caunsel ta do and perform the services therein set forth
and upon the compensation therein provided for.
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I iiEREBY C~RTIFY ~hat the fbxegoing,Resolution was c~uly
and regularly adopted by the Board af Supervisors of the County
of Butte, State of California, at a reguzar mee~ing thereof, held
on the 26th day of June, 1973, by the following vote, to wit:
AYES: Supervisors Camer~y~ _ ri 1 man~ I,add ~ Macii gg,p anr~ Cha i rman talcKillop
NOES: Supe~visors (~ne), ___ ,,,,, „ ...„..,,.,._.
ABS~NT: Supervisors_~n~~~ ~
CLARK A. N~LSON, County Clerk,
County of Butte, State of California
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A G R E E M E N T
TAIS AGREEi~ENT, made and en~ered into ttzis :26th day of
June, 1973, by and between the County of Butte, a politica~. subdi-
visi.on of the State.of California, hereinaf~er called First Party,
and STURGIS, DEN-DULK, DOUGLASS & ANDERSON, Attorneys at Law, Special
Sond Counsel, hereinafter called Second Party;
W I T N E S S E T H:
That for and in considezation of the mutual. covenants and
agreements hezein contazned, the parties hereto agree as folZows:
1, E`irst Party proposes to a.niti.ate proceedings for the
improvements and acquisitions in Firland Acres Assessment Distzict,
County of Butte, State of California.
2. First Party hereby employs Second Party as Specia3.
Bond Counsel and Second Party hereby agrees to accept said empl.oyment
by First Party in said proce~:dings. Said services shall include
the following:
a. Such pre~iminary consul~ations and advice as a~e
necessary with First Party officials, or First
Farty officials and groups not comprised of First
Party officials, ta 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 nf 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-
ceedings and attendance at such public and pri-
vate meetings as are necessary to carry the
project through to completion;
d. Second Party is to be available tor aonsuZta--
tion by First Party of~icials, groups and/or
individuals for information and consultation with
relation to such proceedings by telephone oz
otherwise i£ it can be arranged;
e. Second Party agrees that there shall be includeH
in the amount of the fee provided to be paid
opinion to the purchasex nr purchasers of bonds
wttich may be issued in the proceedings.
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3. The fee provided for herein does not inclnde out-of-
pocket expenses of Second Party for transportation, communication
or other aut-of-pockat expenses, or for any services in connection
with litigatian.
4. Second Party shall receive as compensation for the
services herein agreed to be provided the sum of three per cent (3~)
of the project costs. "Project Cost" is defined to include construc-
tion costs, acquisition costs, utility deposits and contingency funds
as shown on the final Engineer's Report and Estimate of Cost approved
by First Party and on file in the proceedings at the time of con-
firmation of the assessment district. "Project Cost" shall not include:
(a) Incidental expenses;
(b) The amount of any bond discount.
In no event shall said compensation be less than $1,500.00.
Said compensation sheli be payable from the proceeds of
assessments levied in said proceedings based upon the figures en-
umerated above and sha11 be payable upon receipt of money from the
proceeds of assessments levied.
5. The fee herein provided for shail not include any services
in connection with acquisition of rights-of-way or proceeBings 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 a~~ costs in eonnection with such acquisitions,,
shall be paid for in addition to fees herein provided for, and shall
be payable in the same manner as other fees.
6. Second Party certifies that it has no interest,
either direct or indirect, in any property or mat~er invo~ved in
the proceedings referred to in this contract other than the fees
herein specified and for the purposes herein specified.
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Said Second Par~y fuzther certifies tha~ it
represents no property owner within the boundaries of said pro-
posed assessment distriot for any purpose, directly or indirectly,
other than the services rendered as Special Bond Counsel, in
accor~ance with the ~erms of this contract.
7. In the event sazd proceeflings are noti carried through
to conclusion, or shall be abandoned, then Second Party sha1~ receive
nothing.
IN WTTNESS WHEREOF, the parties hereto have hereun~o sub-
scribed their names, First Party by the Chairman of the Aoard af
Supervisors of said County of Butte, attested by its Coun~~ Clerk,
the day and year in this agreement first above written.
COUNTY OF BUTTE, a political subdivision
of the State of California
By
C rman of the oard of Supervisors
ATTEST:
CLARK A. NELSON, County Clerk
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"FIRST PARTY"
STURGIS~ DEN-DULK, DOUGLASS & ANDERSON
~ecial Bond Counsel
By
"SECOND PARTY"
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