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HomeMy WebLinkAboutCC Resolution 2573RESOLUTION NO. -- ' 7
RESOLUTION APPOINTING PERSON TO PREPARE SPECIAL ASSESS-
ME�IT 2R0C rD!NGS AND AUTHORIZING EXECUT.1OP1 OF AGREE1%2:�NT
BE IT RESOLVED by the City Council of the City of San
Rafael, Darin County, California, that STURGIS, DEN'DULK, ]DOUGLASS
& ANDERSON be, and they are hereby, appointed as Special Bond
Counsel to supervise all proceedings and prepare all resolutions,
notices and other papers and proceedings for any mork and *mprovd-
mopts that may be hereinafter authorized by the City Council of
the City of San Rafael in connection with. Bret Harte Drainage Assess-
ment District, City of San Rafael, ilarin County, California; and
BE IT FURTHER RESOLVED that the employment of the said
STURGIS, DEN-DULR, DOUGLASS & ANDERSON shall be as provided in the
attached agreement; and
BE IT FURTHER RESOLVED that the Mayor of the City of San
Rafael bre authorized to sign, and.the City Clerk be authorized
to attest, the attached agreement ,employing the said STURGIS, DEN-
DULR, DOUGLASS & ANDERSON as Special Bpnd Counsel.,
I HEREBY CERTIFY that the foregoing Resolution was duly and
regularly adopted by the City Council of the City of San Rafael, Marin
County, California, at a regular meeting thereof, hold on the 19th
day of March, 1962, by the following'vote, to wits
AYES: Councilmen
NOES:
ABSENT
Councilmen
Councilmen
uai ixornia .
(SEAL)
A G R E E M E N T
THIS AGREEMENT, made and entered into this 13th day of
March, 1962, by and between the CITY OF SAN RAFAEL, a municipal
corporation of the State of California, hereinafter designated
as "City", and STURGIS, DEN -BULK, DOUGLASS & ANDERSON, Attorneys
at Law, hereinafter designated as "Special Bond Counsel";
W I T N E S S E T H:
For and in consideration of the mutual covenants and agree-
ments herein contained, the parties agree as follows:
1. City proposes to initiate proceedings for the construc-
tion and acquisition of improvements in proposed "Bret Harte Drainage
Assessment District, City of San Rafael, Marin County, California".
2. City hereby employs STURGIS, DEN -DUCK, DOUGLASS &
ANDERSON as Special Bond Counsel, and said STURGIS, DEP- DULK, DOUGLASS
& ANDERSON hereby agree to accept employment by City as Special Bond
Counsel for said proceedings. The services of Special Bond Counsel
shall include the following:
a. Such preliminary consultations as are necessary with
C_3.ty officials, or Cit yy officials and groups not com-
p.,-ised of City officials, to determine the best pro-
ceedings to be taken and what district or districts
are to be performed.
b. Preparatior of all resolutions, notices and ot�ier
papers and proceedings requirc-a by the pro-, isi:,ns
of the Improv_ -Hent Act of 191.: or the iMni.: ipa'. Im-
provement Act of 1913 in carryin6 through the pro-
ceedings for the work contemplate_:.
C. Furnishing of legal opinions by EUGENE K. STURGIS
to the contractor performi.cai_ said work and improve-
ment, or his assigns; opinion by EUGENE K. STURGIS
on the validity of the.contract; opi .. n by EUGENE K.
STURGIS o � the validity of the asses .. nt, warrant
and diagram; and opinion by EUGENE K. STURGIS on the
validity of the bonds if, as and when issued.
d. Supervision and direction of all legal steps taken or
required to be taken by the City Council of the City
of San Rafael, or its officers, agents or employees
in connection with said work and improvement.
e. Rendition of general cons.ltation and advice to
City, its officers and employees, with respect to
the planning, preparation, handling, processing
and completion of all phases of the aforesaid pro-
ceedings.
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f. Attendance at such conferences and public meetings in
the City of San Rafael as may be reasonably necessary
to perform this contract of employment.
3. Special. Bond Counsel shall receive as compensation for
the doing and performance of said work the scum of three per cent
(3%) of the cost of the: construction and acquisition of Improvements.
Incidental costs and expenses incurred in connection with the pro-
ceedings shall not be Included in determining the amount of the cost
of the work as that term is used herein.
4. Said compensation shall be paid to Special Bond Counsel
as follows:
a. In the event the Improvement Act of 1911 is utilized in
carrying through the proceedings for the work contem-
plated, compensation shall be paid as follows:
(1) Eighty per cent thereof at the time of signing
the contra©t with the contractor ;rho may be
awarded the contract by the City Council of
the City of San Rafael.
(2) The balance thereof at the time of recording the
warrant, diagram and assessment.
b. In the event the Municipal Improvement Act of 1913 is
utilized in carrying through the proceedings for the
work contemplated, compensation shall be paid as follows:
(1) Upon sale of the bonds issued pursuant to the pro-
oeedings taken for the construction and acquisition
of the improvements.
5. The fee herein provided does; not include compensation
for acquisition of properties to be acquired either by litigation
or negotiation. In the event that City shall desire to have Special
Bond Counsel conduct proceedings for acquisition and/or condemnation
proceedings, if necessary, compensation for any such additional work
shall be a reasonable amount to be approved by the City Council of
the City of San Rafael.
6. In the event that said proceedings shell fail to be
carried through to conclusion, then Spesoial Bond Counsel shall be
paid the reasonable value of services performed to the point of
abandonment of the proceedings, said compensation to be paid by the
City of San Rafael for the services which have been performed.
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IM WInTESS WHEREOF the parties have hereunto subscribed
mix City by tts M.-:-,yox 0 e r tested by its City Clerk,, the day
gad year fit above written.
A
C * er
0
CITY OF SAN RAFAEL. municipal
corporation.
Y�
"CITY"
STURGIS,-DULK,DOUGLASS & ANDERSON
By
�: 3..
"SPECIAL BOND COUNSEL"