The URL can be used to link to this page

Home My WebLink About80-107RESOLUTION N0.80-I07 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVTCES Sacramento Avenue Assessment Dis~rzct No. 1. ~ The Board of Supervisors of the County of Butte resolves: This Board approves that certain agreement between the County ot Butte and STURGTS, NESS, BRUNSELL & SPERRY a pro~essianal cor- poration, for services of that fi~m as Special Band Counse]. for Sacramenta Avenue Assessment District No. I, Butte County, California, dated May I3, 1980, and attach~d ~o thi.s reso~ution. ~ The Chairman of the Board is authorized ~.o sign the agreement and the Connty Clerk is authorized to attest i.~s execution. ~ * ~ I HEREBY CERT2FY that the foregoing ~esoluta.on was du~y and r~egu3.arly adopted by th~ Baard of Supervisors of ~he County of Bu~te, State of Cal~fornia, at a regular meeting thereof, held on the 13th day of May, 1980. AYES: Supervisors Do1.an Mos~1e Whee~e nd C~ " ~ NQES: Supervisors None ABSENT: Supervisors Su e~visor Winston CLARK A. NELSON, County CJ.erk, But~ Co y, California 'SY ~5 iS1 £r"t ~;~ ~!I~ '~~r 1 ~` ~~ ~ ~ ' ~ }~~ 1~ : ~ Y~"t'~ti ~~3l~~u~~ AGREEMENT FOR LEGAL SERVICES Sacramento Avenue Assessment District No. ~ This is an agreemen~. for legal services between the Co~nty ot Butte, a political subdivision of ~he State of Ca7.ifornia, referred to as Client, and STURGT~, NESS, BRUNSELL & SPERRY a professional corpora- t~on, Attorneys at Law, Emeryvi~le, California, referred to as Bond Counsel. 1. C~.~ent retains Bond Counsel as special caunsel to perform ~he follo~„ring ].ega? services reZating to 5acramento Avenue Asses~ment District No. l: (a) Preparation of a11 for~ns of resolutions, notices, affidavits, and ather doctamexzts required by the MunicipaY ~mprovement Act o~ 19I3, including the legal format of ~he engineer's report required by Sec~ion 1.0204. (b) The prepa~atian of written instructi.ons to Client's C~.erk and other sta~f inembers concerning the pez- forn~ance of 1ega~.~y-required duties. ~ (~) Review o~ doct~ments prepared by Clien~'s engineering staff or cansulting engineers, inc~uding boundary map, assessment diagrarn, assessment ro~l, and the general provisions of construction speca.~a.cat~.ons . (d) Att~ndance at the publa.c hearing on the engineer's report (incl~ding continuances of the hearing, if any) . ie) Attendance a~ a11 other public meetings af Client at which ma~ters relating to the assessrc~~nt district are considered, except routine mat~ers. ~f) Attendance a~ staff ineetings or meetings of proper~y own~rs, upon the req~est of the Clien~, after r~ason- able notice. (g) Telephone consu].tatian with staff inembers and praperty own.ers to answer ~egal questions about the assessment proceedings. - ~-- ~soLV~e~oN No, RESOLUTION OF INTENTION TO ORDER ~MPROVEMENTS IN SACRAMENTO AVENUE ASSESSMENT DISTR~CT NQ. ~, BUTTE COUNTY, CALIFDRNIA The Baard of Supervisars of Butte Caunty resolv'es: This Board intends to order the fo~.~owing improvement under ~he authority of the Municipal Yinprovemen~ Act of 19I3: Constructian of storm drainage facilities, including drop inlats, manholes, underground pipes, sediment traps and oi~ traps and appurtenant items in State Rou~e 32, West Sacra- mento Avenue, Columbus Avenue and Oaklawn Avenue, and in storm drainage easements. This Board finds that the land special3.y benef~.ted by ~he ir~t- provement a.s shawn wz~hin the boundaries of the map enti~~ed, "Pzoposed Boundaries of the 5acramento Avenue Assessment Dis~rict No. 1, Caunty of Butte, State o£ Ca].ifornia." This map has be~n approved by the Board and is now an file with the County C~exk. The land within the exterior boundaries shown on the map sha11 be designa~ed Sacramento Avenue Assess- ~ent Dist~ict No. ~., Butte County, California. This Board intends to 1.evy a special assessment upon the ~and within the described distric~ in accordance with the special benefit to be received by each parcel af land, respectivel.y, from the improvement. There sha~l be omit~ed from special assess~ent a~.l publa.c streets, al~.eys and places and a1.1 land belonging to the United States, the State of Cala:fornia, and this County now in us~ in the perforinance of a pubyic function. Where any dispari~y occurs in level or size between ~he iin- provement and private property, this Board determines that it is ~n the public interest and more economical to eliminate the disparity by -1- ~~~~~~~~ ~~ (h) Preparation o~ the notice inviting bids and construc- tion contract, i£ required, and review of contract bonds and insurance documents. (i.) Arrangements for the printing af improvement bonds ~o . represent unpaid assessments, inc~uding the printing of a bond register and, i~ required, ass~ssm~nt in- stal~ment notices. {j) The preparation of a r~cord of assessment insta~~ments far the use o~ the County Audi~or, if required. (k) Arrangements for the sa~e of improvement bonds ei~her by negotzation or by public bid, at the optian of C~ient, including a~eview of financial disclosure requirements and, if requir~d, the preparation of the no~ice inviting band bids. (1} The prepa~ation a~ bond delivery documents. (m) The rendition of a legal opinian on the validity of the improvement bonds and the proc~edings leading to their issuance. 2. The services o~ Bond Counse~ und~r this agr~ement shall not include ~he fal~owing: (a) Lega~ services in connection with the acquisition of inter~sts in rea~ property, ei~her throug~ negotia~ion or thraugh exercise of the power of eminent domain. {b) Legal services in connec~~on with li~igation. Th~ per~ormance by Bond Caunsel of services exc~uded by ~his paragraph, if r~qu~red by Client, sha~l be under separate aral or written agreement. ' 3. In consideration af the services set forth in paragraph I, Client sha11 pay to Bond Counsel the fol~owing fe~ and costs: (a} The legal £ee o~ Bond Counse~ shall be a scaled percentage of ~he project cost set forth in the engineer's report as finally approved under S~ction Z03I2 of the Streets and Highways Code. The "praject cos~" shall be deemed to inc~ude est~mated construction cast, estimated or _~_ actua~ payment for ~he acquisition o~ existing improvernen~s and real property, payments to other public agencies or utilities, capacity charges, and contingency amoun~s. The "project cost" shall be deemed to exclude engineer- ing, Iegal, right of way and ather consulting or pro- fessional fees, inspect~on fees, bond printing costs, aZ~owance for seliing improvement bonds at a discoun~, and any other inciden~al expenses o~ the project. (b) The Iegal f ee sha~1 be an a~ount ~qua~ ta three percent (3~) of that portion of project cost not exceeding $I million, plus two percent (2~} of that por~ion of p~o- ject cast exceeding $1 miZlion but not exceed~ng $2 m~llion, p~us one percent (1~} o~ that portian af pro- ject cost exceeding $2 million. The fee sha11 not b~ less than $1,500. (c) Costs shall be reiinbursed to Band Counsel as fol~ows: ~) The cost of transpor~a~ion. 2) The cost of preparing auditor's record, if requ~red; 7 cen~s per assessmen~ for each year of the bond issu~, with a ~inimuin of ~30.00. 3} The cost of long dis~ance te~ephone ca~1s: at billed c~st. 4) The cost o~ photocopying: IO cents per sheet. The cost of other services for which Bond Counsel makes arrangements under this agreement (such as bond printing costs} shall be bil~ed to the C~ient and shall be paid by Client directly ta th~ payee. (d) Payment by Client of ~he 1ega1 fee is contingent upon the levy of assessments and the sale and delivery a~ improve~ent bonds representing unpaid assessments in the assessment district. ~~ ~or any reason, ass~ss- ments are n~ot canfirmed and bands del~vered, Bond C~unsel shall be paid no legal ~ee. Both ~he legal fee and costs are payable upon delivery of the bonds. 4. Bond Counse~ cer~i~ies that it has no interest, either direct o~ co~tingent, in any p~operty or cantract arising from ar affected by the assessmen~ district, except as Bond Co~nsel und~r -3- this agre~men~. Bond Counsel does not represent any owner of property within th~ propased boundaries of this assessmen~ distric~, and has not ~ece~ved a fee from any source for services cannected w~th ~he prbject. DATED: May 13, 1980 COUNTY OF BUTTE, a po 'tical s ivision o~ the S a~ of Cali~orn~a ~ By hairman, Board of Supe~vasors ATTEST: CLARK A. NELSON, Cou y erk f STURGIS, NESS, BRUNSELL & SPERRY a prafessional corporation By Robert Brunsell ~~-