HomeMy WebLinkAboutRES NO 134-90RESOLUTION NO. 134-90
RESOLUTION APPROVING AGREEMENT
AND APPOINTING ATTORNEY
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 90-1
(JEWETTA TRUNK SEWER/C~LT~WAY CANAL RELOCATION)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BAKERSFIELD as follows:
WHEREAS, the City Council has determined to undertake
proceedings pursuant to special assessments and assessment bond
acts for the construction, acquisition and financing of a public
improvement project in said City; and
WHEREAS, the City
Improvement Bonds pursuant to
and
WHEREAS, the public
be served by appointing and
Council has approved issuance of
the Improvement Bond Act of 1915;
interest and general welfare will
employing an attorney for the
in
preparation and conducting of said proceedings and work
connection with said improvements.
NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1. That the agreement presented herewith and
employing JACKSON, HARGROVE, HILLISON & EMERICH, Attorneys at
Law, be and it is hereby approved and includes, inter alia, legal
services required in the conduct of proceedings of City of
Bakersfield Assessment District No. 90-1 Improvement Project,
including the preparation of all papers not required to be
prepared by the Engineer, examining and approving the engineering
documents and advising all City Officials on all matters relating
thereto
hereby fixed at the amount set forth in said agreement.
2. That all attorney's fees and charges be
as incidental expenses of said proceedings.
I HEREBY CERTIFY that the foregoing
passed and adopted by the Council of the City of
regular meeting thereof held on the 19th day of September, 1990,
when called upon and that the compensation be and it is
by the following vote:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
assessed
Resolution was
Bakersfield at a
Peterson, Edwards, DeMond, Smith,
Brunni, McDermott, Salvaggio
None
None
None
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
AP OV D this 19th day of September,
MAYOR of t5e City of Bakersfield
1990.
APPROVED AS TO FORM:
CITY ATTORNEY of the
Bakersfield
of
700370DA.RS3
-2-
JACK. SON,
HAI~GROVE, HILL1SON 8 EMER. ICH
September 19, 1990
The Honorable City Council
city of Bakersfield
1501 Truxtun Avenue AGREEMENT NO.
Bakersfield, CA 93301
Re: AGREEI~ENT FOR LEGAL SERVICES - CITY OF
BA/~ERSFIELDASSESSM~NT DISTRICT NO. 90-1
(JEWETTA TRUNK SEWER/CATJ.OWAY CANAL RELOCATION)
Honorable Councilmembers:
In response to proposed Assessment District No. 90-1
proceedings, we agree to represent you during the conduct of
proceedings to ]De undertaken by you for the construction and
acquisition of improvements by special assessment district and
assessment bond proceedings to serve specified areas within the
city of Bakersfield and to render the following services:
1. Consult with you and with City Council, staff, and
consulting engineers and assist in the formulation of a
coordinated financial, engineering and legal program for this
project;
2. Confer with the engineers as to the sufficiency of
the Engineer's Report to be prepared in special assessment and
assessment bond proceedings to meet the requirements of law and
review said Report for compliance with law, and provide such
legal for~s as may be required for legal adequacy;
3. Prepare the form of all resolutions, orders,
ordinances, notices, affidavits, petitions and documents of a
legal nature that are necessary for the conduct of effective and
legal assessment and assessment bond proceedings, including the
approval of jurisdiction in unincorporated area, if necessary;
4. Prepare the form of statutory notices of hearing
and prepare instructions as to the publication, posting, and
mailing of such notices to assure that jurisdiction is acquired
at any public hearing;
The Honorable City Council
City of Bakersfield
September 19, 1990
Page 2
5. Prepare instructions relating to the proper filing
of the map showing District boundaries prior to the
jurisdictional hearing and the proper recordation of Notice of
Assessment Roll and Diagram and the proper publication and
mailing of notices after such hearing;
6. Prepare for and attend such meetings of the
Council deemed by us to be necessary for the proper conduct of
the proceedings, including any public hearing in connection with
the formation of' an assessment district, provided that the
determination as to the necessity of attendance shall rest solely
with us;
7. Fo].lowing formation of an assessment district,
provide instructions as to the execution and filing of the list
of unpaid assessments upon expiration of the cash payment period;
8. Subject to the hereinafter stated limitations,
prepare the form of proper notices for, and supervise the giving
of notices inviting sealed proposals, for the sale of bonds,
including the review of the official statement prepared by your
Financial Consultant, if any, for the review of legal opinion
purposes;
9. Prepare and provide a receipt for the sale of
bonds; a receipt for proceeds of bonds; and a signature
certificate, if required, to accompany the delivery of the bonds;
financing
the bonds;
10. Prepare complete transcripts of the conduct of the
proceedings, if necessary, to follow the delivery of
11. Provide the legal opinion of our office approving
in all regards the legality of the proceedings relating to said
financing conducted pursuant to our advice;
12. Assist in the preparation of any written
instructions for the City Treasurer pursuant to the regulations
of the Internal iRevenue Service, if required to accompany the
delivery of the bonds or obligations, and provide the direction
as to the proposed uses of proceeds.
Except as hereinafter provided, for such services to be
rendered, our compensation for the conduct of any special
assessment proceeding will be in the sum of one and three-quarter
percent (1-3/4%) of the total assessment on the first $5,000,000
of the assessment and one-half percent (1/2%) on all over
$5,000,000 but not less than $3,500.00.
The Honorable City Council
City of Bakersfield
September 19, 1990
Page 3
Except as herein specifically provided, the foregoing
fees are payable and shall be paid solely from the proceeds of
the assessments to be levied and bonds to be issued pursuant to
said proceedings.
There are excepted from the services to be rendered by
us for such fees, the following:
1. Any services as right-of-way agent relating to the
acquisition of lands, easements, or properties, any service to be
rendered in eminent domain proceedings directed by you to be
undertaken by us, or in any other litigation involving the City;
2. Any services relating to the review or preparation
of environmental documents necessary to comply with the
California Environmental Quality Act or similar legislation;
3. Any services relating to the investigation or
review of any official statement in order to assure its
sufficiency as a disclosure document, if, in our judgment, in
excess of two (2) hours are required for such purpose;
4. Any services rendered in the sale of bonds other
than approving the form of bid and award.
5. Any services rendered or appearances made on your
behalf in obtaining the approval or consent to a project, or the
financing of any part thereof, from any other public agency;
6. Any due diligence examination which we must
undertake in excess of three (3) hours in the development of
facts sufficient to prepare the written instructions for the
Treasurer of the City, or of an Opinion pursuant to regulations
of the Internal Revenue Service, as set forth in Section 12
hereof.
For those excluded services listed above which are
excepted from the services to be rendered for the specific
percentage fee set forth above, or for any other services not
otherwise expressly provided for, we shall receive the reasonable
value of our services, to be determined as follows:
1. For clerical services we are requested to render,
including the mailing of notices or other documents on your
behalf or in the preparation and printing of bonds, we shall be
paid a fee equal to one and three-quarters (1-3/4) times the
The Honorable City Council
City of Bakersfield
September 19, 1990
Page 4
actual clerical salaries and benefits paid to the employees for
such work;
2. For legal or paralegal services, the reasonable
value is hereby established at the usual hourly rates then
applicable to the persons performing the service, but not to
exceed $100 for legal or $55 for paralegal services.
Also excluded from the services to be rendered for the
fees herein set forth would be consultation and advice in unusual
or special areas of the law not specified above, such as
problems of assessments deferred on account of low-income or
elderly owners of properties assessed, or area which may require
changes of legislative authority.
There are also excluded any clerical services and
postage expended in mailing notices of hearing or notices to pay,
or the preparation of any bond register or auditor's record in
any assessment proceedings when assumed and performed by us, for
which services we are to be paid a reasonable clerical fee. We
shall also be reimbursed for other out-of-pocket expenses,
including travel expenses.
It is understood that neither this firm nor any
individual representing this firm possesses any authority with
respect to any decision of the City or its officers beyond the
rendition of information, advice, recommendation or counsel.
This agreement may be terminated by either party at any
time, or modified by mutual written consent at any time.
Very truly yours,
JACKSON, HARGROVE, HILLISON & EMERICH
By:
Richard H. Hargrove
The foregoing agreement was accepted by resolution of
the City Council of the City of Bakersfield, Bakersfield,
California, duly adopted at a meeting thereof held on the 19th
day of September, 1990.
Mayor, City of Bakersfield
The Honorable City Council
City of Bakersfield
September 19, 1990
Page 5
ATTEST:
City Clerk, City of Bakersfield
APPROVED AS TO FORM:
City Attorney,
City of Bakersfield
700370DA.L01