Resolution 1987-24
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RESOLUTION NO. 87-24
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
EAST NINTH ST. ET AL REFUNDING ASSESSMENT DISTRICT,
SERIES 87-1
The City Council of the City of Gilroy resolves:
This City approves that certain agreement between the City
of Gilroy and STURGIS, NESS, BRUNSELL & SPERRY a professional
corporation, for services of that firm as Special Bond Counsel for
East Ninth St. Et Al Refunding Assessment District, Series 87-1,
City of Gilroy, Santa Clara County, California dated April 20, 1987,
and attached to this resolution.
The Mayor is authorized to sign the agreement and the City
Clerk is authorized to attest its execution.
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I HEREBY CERTIFY that the foregoing resolution was duly
and regularly adopted and passed by the City Council of the City of
Gilroy, California, at a regular meeting thereof, held on the 20th
day of April, 1987.
AYES: Councilmembers ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and HUGHAN.
NOES: Councilmembers None
ABSENT: Councilmembers None
RESOLUTION NO. 87 - 24
ORIGINAL
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AGREEMENT FOR LEGAL SERVICES
EAST NINTH ST. ET AL REFUNDING ASSESSMENT DISTRICT, SERIES 87-1
CITY OF GILROY
This is an agreement for legal services between the
City of Gilroy, a municipal corporation of the State of
California, referred to as Client, and STURGIS, NESS, BRUNSELL &
SPERRY a professional corporation, Attorneys at Law, Emeryville,
California, referred to as Bond Counsel.
1. Client retains Bond Counsel as special counsel to
perform the following legal services relating to East Ninth
St. Et Al Refunding Assessment District, Series 87-1, City of
Gilroy, Santa Clara County, California.
(a) Preparation of all forms of resolutions, notices,
affidavits, and other documents required by the
Refunding Act of 1984 for 1915 Improvement Act
Bonds (the "Act"), including the legal format of
the engineer's report required by Section 10204.
(b) The preparation of written instructions to
Client's Clerk and other staff members concerning
the performance of legally-required duties.
(c) Review of documents prepared by Client's
engineering staff or consulting engineers,
including reassessment diagram and reassessment
roll.
(d) Attendance at all public meetings of Client at
which matters relating to the reassessment
district are considered, except routine matters.
(e) Attendance at staff meetings or meetings of
property owners, upon the request of the Client,
after reasonable notice.
(f) Telephone consultation with staff members and
property owners to answer legal questions about
the reassessment proceedings.
(g) Arrangements for the printing of refunding bonds
to represent unpaid reassessments.
(h) The preparation of a record of assessment
installments for the use of the County Auditor,
if required.
(i) Arrangements for the sale of refunding bonds
either by negotiation or by public bid, at the
option of Client, including a review of financial
disclosure requirements and, if required, the
preparation of the notice inviting bond bids.
(j) The preparation of bond delivery documents.
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(k) The rendition of a legal opinion on the validity
of the refunding bonds and the proceedings
leading to their issuance.
(1) Preparation of a transcript of the legal
proceedings in loose-leaf form for the use of the
Client.
(m) Preparation of the required reports to the
California Debt Advisory Commission (pursuant to
Section 8855 et seq. of the Government Code) and
to the Internal Revenue Service (pursuant to
Section 149 of the Internal Revenue Code of
1986) .
2. The services of Bond Counsel under this agreement
shall not include the following:
(a) Legal services in connection with the acquisition
of interests in real property, either through
negotiation or through exercise of the power of
eminent domain.
(b) Legal services in connection with litigation.
The performance by Bond Counsel of services excluded
by this paragraph, if required by Client, shall be
under separate oral or written agreement.
3. In consideration of the services set forth in
paragraph 1, Client shall pay to Bond Counsel the following fee
and costs:
(a) The legal fee shall be an amount equal to one and
one-quarter percent (1-1/4%) of that portion of
the amount assessed not exceeding $1 million,
plus one-half of one percent (.5%) of that
portion of the amount assessed exceeding $1
million.
(b) Costs shall be reimbursed to Bond Counsel as
follows:
1) The cost of transportation, meals and
lodging.
2) The cost of preparing auditor's record,
if required: 7 cents per assessment for each
year of the bond issue, with a minimum of
$30.00.
3) The cost of long distance telephone
calls: at billed cost.
4) The cost of photocopying: 10 cents per
sheet.
The cost of other services for which Bond Counsel
makes arrangements under this agreement (such as bond
printing costs) shall be billed to the Client and
shall be paid by Client directly to the payee.
(c) Payment by Client of the legal fee is contingent
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upon the levy of assessments and the sale and
delivery of improvement bonds representing unpaid
reassessments in the reassessment district. If
for any reason, reassessments are not confirmed
and bonds delivered, Bond Counsel shall be paid
no legal fee. Both the legal fee and costs are
payable upon delivery of the bonds.
4. Bond Counsel certifies that it has no interest,
either direct or contingent, in any property or contract arising
from or affected by the reassessment district, except as Bond
Counsel under this agreement. Bond Counsel does not represent
any owner of property with~n the proposed boundaries of this
reassessment district, and has not received a fee from any
source for services connected with the project.
DATED: April 20, 1987
CITY OF GILROY,' a
municipal corporation of"
the State of California
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Mayor
lerk
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
By C4!, f) ~
P i p D. Assa
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