HomeMy WebLinkAboutCC RESO 15,636RESOLUTION NO. 15,636
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH BROWN & DIVEN AS BOND COUNSEL
FOR THE 17TH STREET IMPROVEMENT PROJECT
(LANOITAN AVENUE TO RACHAEL AVENUE)
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute
an Agreement between the City of National City and Brown &
Diven as Bond Counsel, a copy of which is attached hereto as
Exhibit "A".
PASSED and ADOPTED this 14th day of June, 1988.
ATTEST:
ej
GEORGE H. WATERS, MAYOR
ION CAMPBELL, C TY CLERK
APPROVED AS TO F RM:
GEORGE H. EISER, III
CITY ATTORNEY
V'•
EXHIBIT "A"
SPECIAL COUNSEL AGREEMENT
It
THIS AGREEMENT is made and entered into this % day of
1988, by and between the CITY OF NATIONAL CITY, CALIFORNIA, a public corporation
(hereinafter referred to as "City"), and BROWN & DIVEN, (hereinafter referred to as
"Counsel").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION 1. That Counsel shall perform legal services in connection with the
proposed assessment proceedings and bond issuance in the matter of a
proposed special assessment district known and designated as ASSESSMENT
DISTRICT NO. 226 (17TH STREET), (hereinafter referred to as the
"Assessment District") under proceedings conducted pursuant to either
the provisions of the "Municipal Improvement Act of 1913", being
Division 12 of the Streets and Highways Code of the State of California,
or the "Improvement Act of 1911", being Division 7 of said Code, and
bonds to issue pursuant to either the "Improvement Bond Act of 1915",
being Division 10 of said Code, or the "Improvement Act of 1911",
Division 7 of said Code.
Said services shall include:
A. Review of the dedication and acquisition of the streets and
easements and other property in which work is proposed to be
performed;
B. Examination of the plans and specifications for the proposed work,
the boundary map and assessment diagram of the Assessment District,
the assessment roll and bonds, and the giving of instructions and
advice in connection with the foregoing;
C. Recommendations as to procedure, schedules and actions that should
be conducted and taken;
D. Preparation of all resolutions, notices, contracts, bond forms, and
other papers and documents required in the proceedings;
E. Examination of the proceedings, step by step, as taken;
F. Appear at all hearings under the proceedings, and attend any meeting
where attendance is requested;
G. Make recommendations as to sale of bonds, if desired;
H. Perform legal services, if required, pursuant to the provisions of
the "Special Assessment Investigation, Liimitation and Majority
Protest Act of 1931", being Division 4 of the Streets and Highways
Code of the State of California;
I. Issuance of an approving legal opinion attesting to the validity of
the proceedings and the issuance of the bonds.
Such legal services shall not include any services in connection with
the acquisition, by easement or condemnation, of any easements or other
interest in real property necessary for the proposed improvements.
These services can be provided by Counsel, by separate agreement, if
desired.
SECTION 2. That the City shall perform as follows:
A. Furnish to Counsel such maps, records, title searches, and other
documents and proceedings, or certified copies thereof, as are
available and may be reasonably required by Counsel in the perfor-
mance of the services hereunder;
B. Pay to Counsel a fee computed on the confirmed assessment as
follows:
ONE AND ONE-HALF PERCENT (1.5%) of the first $1,000,000;
ONE-HALF PERCENT (.50%) on the balance thereof.
C. Payment of the above -referenced fee shall be as follows:
All due and payable upon receipt of money from the sale and delivery
of bonds to the successful underwriter.
SECTION 3. In the event the proceedings are terminated or abandoned prior to
completion, Counsel shall be paid a reasonable fee for services rendered
to date based on an hourly rate of $100.00 per hour, not to exceed
$1,000.00.
SECTION 4. That this Agreement may be terminated by either party hereto by mailing
written notice thereof to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
• the day and year first hereinabove written.
CITY ,CLERK
CITY/OF NATIONAL
STATE OF CALIFOR
"CITY"
CITY OF NATIONAL CITY
MAYOR 0
CITY OF NATIONAL CITY
STATE OF CALIFORNIA
"COUNSEL"
BROWN & D
By:
CKENZIE>BROWN