Resolution 1995-28
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RESOLUTION NO. 95-28
RESOLUTION APPROVING AGREEMENT
POR LEGAL SERVICES
The City Council of the City of Gilroy resolves:
lbis Council approves that certain agreement between the City of Gilroy
and STURGIS, NESS, BRUNS ELL & ASSAF a professional corporation, for services of
that firm as Special Bond Counsel for Annexation No. 1995-1 to Maintenance District
No.1, City of Gilroy, Santa Clara County, California, dated April 17,1995, 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 17th day of April, 1995, by the following vote of the
members thereof:
AYES, and in favor, thereof Councilmembers: GILROY, KLOECKER, MORALES, ROGERS,
R01~ISON, VALDEZ and GAGE.
NOES, Councilmembers: None
ABSENT, Council members:
None
~~Oy
~v::u. 1. V
. Mayor
RESOLUTION NO. 95-28
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AGREEMENT FOR LEGAL SERVICES
ANNEXATION NO. 1995-1 TO
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 & ASSAF a professional corporation, Attorneys at Law, Emeryvi1le,
California, referred to as Special Counsel.
1. Client retains Special Counsel as special counsel to perform the following
legal services relating to Annexation No. 1995-1 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 annexation proceedings
(including continuances of the hearing, if any).
(e) Attendance at all other public meetings of Client at which matters relating
to the annexation district are considered, except routine matters.
(f) Attendance at staff 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 annexation proceedings.
2. The services of Special Counsel under this agreement shall not include
the following:
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(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 Special
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 Special Counsel the amount of $4,000.00.
4. Special 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 Special Counsel under this agreement. Special 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:
April 17, 1995
By
Mayor
~ST-
By ~&-4r j
Ci<y a~k ~if
STURGIS, NESS, BRUNSELL & ASSAF
a professional corporation
By cP~<o (1. 'i'
hilip D. Assa .
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