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Home My WebLink About79-146RE50LUTION N0. 79-146 RESOLUTION APPROVING AGREEM~NT FOR LEGAL SERV~CE$ RANCHO DE THUNDER ASSESSMENT DISTRZCT' The Boaxd o~ Supervi5ors of the County o~ Bu~Ete resolves: Th,i s Board approves that certa~.n agaceertEen't between the County of Butte and STURGIS~ NESS & BRUNSELL a professional carpo~a- tion, for services of that firfn as Special Boz~d Counsel ~ar Rancho de Thunder AsSessmen~ District,~Butte Caunty, California, dated Ju~y 24, ~,979, and attachecl to this resalution. The Chairman of the Board o~ Supervisors is authorzzed tp sign this agreement and the County Clerk~i~ authoriz~d to att~~t .its exec~tion. * ~ ~ I HEREBY CERTIFY that the foregoing reso~utian was duly and regularZy adopted by the Board o~ Supervisars o~ the County of Butte, State3.a~ California, at a regular meet~ng thereof, he~.d on the 24th day o~ Ju1y, ~.979, by the following vote, ~a wi.t: AYES: Supe~'visors~ Dolan, Nbseley, Whe~ler,~anc! Chairman._Lemke ~, .. NOESs Su ervisors None ABSENT: Su ervisor~ lll~~nston CLARK A. NELSON, County C~.erk, . County of Butte, C~.lifornia , !/ _ aY <~;:, °:4 ~,'" `~ "_` ~ sFl> ~~ ,'f 4~~ ~.~, ~~~~k~s~~~ ~~~`r~ ~ AGREEMENT FOR LEGAL~ SERVI~CES RANCHO DE THUNDER ASSESSMENT DISTRZCT This is an agreemen~. for legaZ services between the Caunty o~ Butte, a polit~cal subdivision ot the State of Cali~ornia, referred to as C].ient, and STURGZS, NESS & BRUNSELL a pzofessional coxporation. Atto~neys at Law, Es~-~ryv~ll~, California, referred to as Bond Counsel. 1. C~.ierit retains Bvnd Counsel as spec~.al cov.nsel to per~a~m the ~o~lowing ~.egal servzces re~ating to the Rancha de Thunder A5sess- ment District: {a) Preparation of all ~orms o~ resol~tions, notices, af ~idavits, and other documents required by the Municipal Improvement Act of 1913, including •the legal format of the engineer's report ~equi~ed by 'Section 10244. {b} The preparation of written instructians to Client's Clerk and other staff inembers cancerning the per- ~ormance of lega~ly-required C~11t.1E5. (c} Review of documents pxepared by Client`s engineer~ng staf~ or cons~lta.ng engineers, includinc~ boundary mapt assessment diagxa~, as5essrrtent roll, and the general _ ' pravisions of construc~ion speci€ications. (d) A~ttendance at ~he public hear~.ng on the engineer's report (xneluding continuances of the hearing, if any). (e} Attendance a~ all other public x~eetings cif Client at which matters relating ~o the assessment district are considered, except routine matters. (f) Attendance at s-~aff ineetings or meetings of proner~y o~,Tn~rs, upon the request of the Client, after reason- able nota,ce. {g) Telephone cansultatian with staf~ members and praperty owners to answer legal questions about tlie assessment proceedings. (h) Prepara~ion o~ the notice inviting bids and construc- ~ion contract~, i~ required, and x~~iEw of cantrac~ bond5 and insurance documents. r' - L ~' ,'jia °i'~ . {.. . . ., ~,.. *~i `~v: if`~i ~e~ ~e 3, : ~ ~°`..~:~ ~ ~~~ ~y~u~~~~;~~ ~i) Arrangements for the printing of unprovement bonds ~o repxesent unpaid assessments, and i~cluding the printing of a bond reg~s~~r and, if req~ired, assessment installment notices. . (j) The preparation of a recard of assessment instalZments far the use of the County Audi~or, if required. ~ . (k) Arrangements for the sale o~ improvement bonds either by negotiat3on or by pub~.ic b~.d, at the option of Client. including a review af financial disc3.osure requirements and, if requYred, the preparation of the notice invi~ing bond bids. (1) The preparation of bond delivery documents. f~? The rendxtion of a 1ega1 opinian on the va~.a.dity of thE a.mprov~ment bonds and the proc~edzngs leading to ~heir issua~ce. ' 2. The services of Band Caunse~ under this agreement shail not inc~ude the following: ia) L~gal serviees in connecta.on with the acquisition of ,interests in real praperty, either through negotiation ar through exercise of the power o~ eminent domaxn. (b)~ Lega1 services in conn~c~.ion.with ~itiga~ion. The per~ormance by Band Counsel o~ serviees excl,uded by this paragraph, it required by C~ient, shal~ be under separate oral or wrx~ten agreement:.__~ ~ 3. In consideration_of the services set forth in paragraph l, Cli.ent sha~.I pay to Bond Counsel the following fee and costs: (a) The 1ega~ fee of Bond Counsel shal~. be a scaled percentage o~ the project cost set forth in ~he engin~er's report as f~nally approved under Section 10312 of ~he Streets and Highways Code. The "project cost" shall be deemed to inc].ade estimated construction cost, estimated or actual paymen~. for the acquisition of exis~ing improve3nen~s and real property, payments to o~her public agencies or ~ utzl.iti~s, capacity charges, and conting~ncy amounts. The "pro~ect cost" sha11 be dec:med to exclude engineering~ 1EgaI, right-o£-way and o~her consulting or professional -2- . _ . _ _ _._ __. '.. ---- -_.._ ...... _..._.. - - --_._ _..._~~ . . ___ _._ __ _ . , _ .- , . . .. , ' . . ~ ~ ~ees, inspection fees, band printing costs, al~owance far selling impzovement bonds at a discount, a nd any v~her incidental expenses a~ the project. , (b) The 1ega~ ~e~ shall be an amaunt ~qual to three percent (3$) of that portion of project cost not exceeding $1 million, plus two percent (2~) of that portion of pro~ect cost exceedirig $1 million but not ~xceeding $2 ~illion, plus one percent (1$) of that portion of projec~ cost ex~ ceeding $2 mi~lian. The fee sha13 not be less than $1, 500. {c) Costs sha11 be rexmbursed to Bond Counse~'as followsa 1) The cost of~tzansportation. 2) The cost of preparing auditor's record, if xequaxed: 7 cents per assessment for each year of the bond issue, with a minimu.m of 530.00. ~ 3}. The cost o~ long distance felephone ca].ls: at bil~ed cost. 4) The cost.af photocopying: 10 cents per sheet The cos~ a~ otYic~ services for which Bond Counsel rnakes arrangements under this agr~ement (suc3i as bond printing costs) shall b~ bi~l.ed t~ the Client and sha].1 be paid by C~.i~nt directly ta the payee. (dy Payment by C3.ient af ~he legal ~~e is corita~ngent upon the levy af ~ssessments and ~he sa~e and delivery af ~.~prove- ment bvnds representing unpaid assessrnents in the ~ assessment distric'~. If for any xeason, assessments are not confirmed and bonds delivered, Bond Coun~e~, shall be paid no legal. ~ee. Both the legal fe~ and costs are payable upon delivery of the bonds. ~ 4. Bvnd Counsel cert~~ies that it has no in~eres~, ei~her da.rect or contingent, in any proper~y ar contract ari.sing from or af~ected by the assessment district, except as Bond Counsel under this agr~ement. Bond counsel does not xepresent any own~r of property within the proposed boundaries of this assessment district, and has not rec~ived ~ _3_ ----- .. _ __- - - - _ _ . , .. . ._ . __ . . _ . _ _ __ ._._. ~.. .... _._ ......_____.~_ .,. ... ~ . ~ ~ . ~ ~~ a fee from any source ~or services connec~ed with ~he.projec~. DATED: July 24,~~~~~~ , 1979. ATTEST: ~ C~.ar . Nelson, County Clerk, Butt~ County, California COUNTY OF BUTTE, a political subdivision of the State of California \ ~ ~ ~, ~ t,;` . By ~ .. airman., . oa o~ Supervasars STURG~S, NESS:& BRUNSELL a pxofessional carporat~.on By Raber Brunsell - ~4-