Resolution 1991-13
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RESOLUTION NO.
91-13
RESOLUTION APPROVING AGREEMENT
FOR LEGAL SERVICES
MAINTENANCE DISTRICT NO. 1
The City Council of the city of Gilroy resolves:
This Council 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
Maintenance District No.1, city of Gilroy, Santa Clara County,
California, dated March 4, 1991, 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 4th
day of March, 1991, by the following vote of the members thereof:
AYES; and in favor, thereof, Councilmembers: GAGE, HALE,
KLOECKER, MUSSALLE}1, NELSON,VALDEZ and HUGHAN
NOES, Councilmembers: None
ABSENT, Councilmembers: None
~rk
RESOLUTION NO. 91 - 13
ORIGINAL
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AGREEMENT FOR LEGAL SERVICES
MAINTENANCE DISTRICT NO. 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 Maintenance
District No.1, City of Gilroy, Santa Clara County, California.
(a) Preparation of all forms of resolutions,
notices, affidavits, and other documents
required by the City of Gilroy.
(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.
(d) Attendance at the public hearing on the
'engineer's report (including continuances of
the hearing, if any).
(e) Attendance at all other public meetings of
Client at which matters relating to the
district are considered, except routine
matters.
(f) Attendance at staff meetings or meetings of
property owners, upon the request of the
Client, after reasonable notice.
(g) Telephone consultation with staff members and
property owners to answer legal questions about
the assessment proceedings.
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.
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3. In consideration of the services set forth in
paragraph 1, Client shall pay to Bond Counsel the amount of
$7,500.00, plus cost of preparation of notices to property owners
and other miscellaneous costs.
4. Bond Counsel certifies that it has no interest, either
direct or contingent, in any property or contract arising from or
affected by the district, except as Bond Counsel under this
agreement. Bond Counsel does not represent any owner of property
within the proposed boundaries of this district, and has not
received a fee from any source for services connected with the
project.
DATED: March 4, 1991
CITY OF GILROY, a municipal corporation
of the state of California
Mayo! ~
ATTEST:
B~~?oI~
ci ty Clerk .
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
By
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