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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. -1- 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. -2- 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"