Resolution 1995-72
{, "
.
.
,
oil
..
RESOLUTION NO. 95 - 72
RESOLUTION APPROVING AGREEMENT
FOR LEGAL SERVICES
The City Council of the City of Gilroy resolves:
This Council approves that certain agreement between the City of Gilroy
and STURGIS, NESS, I3RUNSELL & ASSAF a professional corporation, for services of
that firm as Special Bond Counsel for Annexation No. 1995-2 to Maintenance District
No.1, City of Gilroy, Santa Clara County, California, dated October 16, 1995, and
attached to this resolution.
The Mayor is authorized to sign the agreement and the City Clerk is
authorized to attest its execution.
*
*
*
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 16th day of October, 1995, by the following vote of the
members thereof:
AYES, and in favor, thereof Councilmembers: GILROY, KLOECKE~, llORALES,
ROGERS, ROvlliISON, VALDEZ and GAGE.
NOES, Councilmcmbers: None
ABSENT, Councilmembers: None
APP7J:;~J, Y
ayor
RESOLUTION NO. 95 - 72
ORIGINAL
.
~, ....
.
.
AGREEMENT FOR LEGAL SERVICES
ANNEXATION OF TERRITORY TO MAINTENANCE DISTRICT NO.1
ANNEXATION NO. 1995-2
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, Emeryville,
California, referred to as Special Counsel.
1. Client retains Special Counsel as special counsel to perform the
following legal services relating to Annexation No. 1995-2 to Maintenance District No.1,
City of Gilroy, Santa Clara County, State of 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 hearings 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 are considered, except routine matters.
(I) 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 annexation proceedings.
2. The services of Special 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 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 assessment 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:
October 16, 1995
By
STURGIS, NESS, BRUNSELL & ASSAF
a professional corporation
By ~:O.(L.t
P Hip D. Assaf
2
.