HomeMy WebLinkAbout75-064, R~SOLUTION NO. 75-64
RESOLUTION APPOINTTNG SPECIAL BOND COUi~lSEL AND
AUTHORIZING ~X~CUTZOFF OE AGREEMENT
BE IT RESOLV~D by the Board of Supervisors of the County of
Butte, State of California, that STURGIS, DEN-DULK, DOUGLASS & ANDERSON,
Attorney's at Law, Oakland, Califarnia, be, and they are hereby, appointed
as Special Bond Counsel to conduct special assessment district proceedings
in Clark Road Assessment District No. l, County af Butte, State of
California; and
BE IT FURTHER RESOLVED that the employment of the sazd STURGIS,
BEI3-DULK, DOtIGi,ASS & ANDERSON shall be as provided in the attached
agreement; and
BE IT Fi3RTHER RESOLVED that the Chairman of the Board of
Supervisors of ~he County of Butte be authorized to sign, and the
County Clerk thereof be authorized to attest, ~hat certain agree-
ment employing the said STURGIS, DEN-DULK, DOUGLASS & ANDERSON as
Special Bond Counsel to do and gerform the services thezein set
forth and upon 'the compensation therein provided for.
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I HEREBX CERTZFY that the faregoing resolution was duly
and regularly adopted by the Board of Supervisors of the County of
But~e, State of California, at a regular meeting ~hereof, held on
the 15th day of April, 1975, by the following vote, to wit:
AYES: Supel'~71sOXS Richter, Madigan and McKillop
NOES : Superviso7CS Cameron and Ladd
ABSENT: Supervisors None
CLARK A. NELSON, County Clerk,
Caun~y of I3utte, State of
Califo ~ ~i~=~~
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A G R E E M E N T
THIS AGREEMENT, made and entered into this 15th day of
April, 1975, by and between the COUNTY OF BUTTE, a political sub-
division of the State of Ca~ifornia, herei.nafter called First Party,
and STURGIS, DEN-DULK, AOUGLASS & ANA~RSON, Attorneys ati Law, Special.
Bond Counsel, hereinafter called Second Party;
W I 2' N E S S E T H:
That ~or and in consideration of the mutual covenants
ar~,d agreements herein contained, the parties hereto agree as ~ollows:
1. First Party proposes to initiate proceedings for the
imgrovements and acquisitions in Clark RoaB Assessmen~ District No. 1,
County of Butte, State of California.
2. Firs~ 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 sha11 include
the folZowing:
' a. Such preliminary consultations and advice as are
necessary with First Party officials, or First
Party of£icial.s and groups noti comprised of First
Party of£ica.a].s, to de~ermine the best proceedings
fio be taken and what district is to be formed;
b. Preparation of anX anc~ aI.3, proceedings from the
time of commencement of formal proceedings by
petition or action of the governi.ng body of
First Party ttcrough to consummation af the pro-
ceedings and sale of the special assessment bonds
~ which may be issued in connection with said
~ 'praceedinc}s ;
c. Complete supervision of all stages o~ the pro-
ceeda.ngs and attendance at such pub].ic and pri-
vate meetings as are necessary to carry the
project through to completion;
d. Second Party 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;
e. Second Party agrees that there shall be included
in the amount of the fee provided to be paid
~ ~"~ ,~ F~`' !~ t~ ~ ~ ~:
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opinion to the purchaser or purchasers of bonds
which may be issued in tha proceedings.
3. The fee prvvided tor herein does not include out-
of-pocket expenses of Second Party for transpor~ation, communica-
tion o~ other out-o£-pocket expenses, or £or any services in con-
nectiion with ~itigation.
~ 4. Second Party shall receive as compensation for the .
services herein agreed to be provide~ the sum of three per cent
(3~) of the project costs. "Project Cost" is defined to include
construction costs, acquisition costs, utility deposits and con-
tingency funds as shown on the final Enqineer's Report and Esti-
mate of Cost approved by First Party and on file in the proceed-
ings at the time of canfirmation of the assessment distzict. "Project
Cost" shall not include:
(a) Incidental expenses;
(b) The amount of any bond discount.
In no event shail said compensation be less than $1,500.00.
Said compensation shall be payable from the proceeds of
assessments levied in said praceedings based upon the figures en-
umerated above and shall be payable upon receipt of money £rom the
proceeds of assessments levied.
S. The fee herein provided for shall not include any
services in connection with acqu~sitian of rights-of-way or proceed-
ings in eminent domain. Any services rendered by Second PartX in
connection with the acguisition of land for rights-of-way or eminent
domain proceedings, including all costs in connection with such
aoquisitions, sha11 be pafd far in addition to fees herein provided
for, and shail be payable in the same manner as other fees.
'~6. Second Party ceztifies that it has no interest, either
direct or indirect, ~n any property or matter involved in the pro-
ceedings referred to in this contract other than the fees herein
specified and for the purposes herein specified.
Said Second Party further certifies that it represents
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no property owner within the boundaries o£ said proposed assess-
ment district for any purpose, directly or indirectly, other than -
the sex~rices rendered as Second Party, in accardance with the terms
of this contract. . ' ~
7. In the event 5aid proceedings are not carried through
to conclusion, or shall be abandaned, then Second Party shall receive
nothing.
IN WITNESS WHEREOF, the parties hereto have hereunto sub-
scribed their names, First Party by the Chairman of the Board of Super-
visors af said Coun~.y of Butte, attested by its County Clerk, the
day and year in this agreement first above written.
COUNTY OF BUT~E, a political
subdivision of the State of California
BY
hairman, Doard o ervisnrs
ATTEST:
CLARK A. NELSON, County C1erk
By~ ~
"First Party"
STURGYS, DEN-DULK, DOUGI,ASS & ANDERSON
Special Bond Counsel
By
"Second Party"
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