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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