HomeMy WebLinkAboutRES NO 74-86RESOLUTION NO. 74-86
RESOLUTION APPOINTING ATTORNEY
FOR PIPELINE PROJECT
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO.
86-3
WHEREAS, the Council has determined to undertake pro-
ceedings pursuant to the Municipal Improvement Act for the con-
struction and financing of a puDlic improvement project in the
unincorporated area of County of Kern; and
WHEREAS, the public interest and general welfare will
be served appointing and employing an attorney for the prepara-
tion and conducting of said proceedings and work in connection
with said improvements.
NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1. That the agreement presented herewith and employing
RICHARD H. HARGROVE, attorney at law, be an~ it is hereby
approved and includes, inter alia, legal services required in the
conduct of proceedings of City of Bakersfield Assessment District
No. 86-3, including the preparation of all papers not required to
be prepared by the Engineer, examining, and approving the engi-
neering documents and advising all City Officials on all matters
relating thereto when called upon and that the compensation be
and it is hereby fixed at the amount setforth in said agreement.
2. That all attorneys' fees and charges be assessed as
incidental expenses of said proceedings.
......... o0o .........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield
regular meeting thereof held on the ~k
1986, by the following vote:
AYES: COUNCILMEN: Salvaggio, Smith, Childs, Christensen,
Dickerson, Moore, Ratty
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
day of .~un~
at a
ABSTAINING: COUNCILMEN: None
C I T/CLERK~~an~ E x O f f l~~-"~
of the Council of the City of
Bakersfield
APPROVED this 18th day of June
, 1986.
MAYOR of the City of Baker'sfield
APPROVED as to form:
Bakersfield
RICHARD H. HARGROYE
June 18, 1986
The Honorable City Council
City of Bakersfield
1501Truxton Avenue
Bakersfield, California 93301
Re:
AGREEMENT FOR LEGAL SERVICES - CITY
BAKERSFIELD ASSESSMENT DISTRICT NO. 86-3
ACQUISITION OF EFFLUENT DISPOSAL PIPELINE
WASTEWATER TREATMENT PLANT #3
Honorable Councilmembers:
In response to Assessment District No. 86-3 proceed-
ings, we agree to represent you during the conduct of proceedings
to be undertaken by you for the acquisition of improvements by
special assessment district and assessment bond proceedings to
serve specified areas within the City of Bakersfield and the
County of Kern 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 coordi-
nated 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 forms as may be required for legal adequacy;
3. Prepare the form of all resolutions, orders, ordi-
nances, 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 the unincorporated area;
4. Prepare the form of statutory notices of hearing
and prepare instructions as to the publication, posting, and mail-
ing of such notices to assure that jurisdiction is acquired at
any public hearing;
5. Prepare instructions relating to the proper filing
of the map showing District boundaries prior to the
RICHARD H. HAROROVE
The Honorable City Council
City of Bakersfield
June 18, 1986
Page
jurisdictional hearing and the proper recordation of Notice of
Assessment Roll and Diagram and the proper publication and mail-
ing 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 pro-
ceedings, including any public hearing in connection with the
formation of an assessment district, provided that the determina-
tion as to the necessity of attendance shall rest solely with us;
7. Following formation of an assessment district, pro-
vide 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, pre-
pare the form of proper notices for, and supervise the giving of
notices inviting sealed proposals, for the sale of bonds, includ-
ing the review of the official statement prepared by your
Financial Advisor, if any, for the apparent adequacy of dis-
closure of material facts;
bonds;
cate,
9. Prepare and provide a receipt for the sale of
a receipt for proceeds of bonds; and a signature certifi-
if required, to accompany the delivery of the bonds;
financing
bonds;
10. Prepare complete transcripts of the conduct of the
proceedings if necessary to follow the delivery of the
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 arbitrage certifi-
cate executed on behalf of the City pursuant to the regulations
of the Internal Revenue Service if required to accompany the
delivery of the bonds or obligations, and provide the legal
opinion of our office as to the non-arbitrage nature of the bonds
where the proceedings, including proposed uses of proceeds, have
been undertaken pursuant to our advice.
RICHARD H. HAI~Gi~OVE
The Honorable City Council
City of Bakersfield
June 18, 1986
Page 3
Except as hereinafter provided, for such services to be
rendered, our compensation for the conduct of any special assess-
ment proceeding will be in the sum of one and three-quarter per-
cent (1-3/4%) of the total assessment on the first $5,000,000 of
the assessment and 1/2% on all over $5,000,000 but not less than
$6,250.00.
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 Cali-
fornia Environmental Quality Act or similar legislation;
3. Any services relating to the investigation or
review of any official statement in order to assure its suffi-
ciency 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 under-
take in excess of three (3) hours in the development of facts
sufficient to allow the issuance of an Arbitrage Certificate, if
required, or of an Opinion pursuant to regulations of the Inter-
nal Revenue Service, as set forth in Section 12 hereof.
RICHARD H. HARGROVE
The Honorable City Council
City of Bakersfield
June 18, 1986
Page 4
For those excluded services listed above which are ex-
cepted from the services to be rendered for the specific percen-
tage 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 be-
half 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
actual clerical salaries and benefits paid to the employees for
such work;
value
cable
2. For legal or paralegal services, the reasonable
is hereby established at the usual hourly rates then appli-
to the persons performing the service.
Also excluded would be consultation and advice in
unusual or special area 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, includ-
ing travel expenses.
It is understood that neither this firm nor any indi-
vidual 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.
RICI~IARD I-I. HAt~61~OVE
The Honorable City Council
City of Bakersfield
June 18, 1986
Page
time,
This agreement may be terminated by either party at
or modified by mutual written consent at any time.
Very truly yours,
any
By
RICHARD H. HARGROVE
The foregoing agreement was accepted by resolution of
the City Council of the City of Bakersfield, Bakersfield,
California, duly adopted a meeting thereof held on the
day of , 1986.
Mayor, City of Bakersfield
ATTEST:
City Clerk, City of Ba'kersfield