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Home My WebLink AboutCC RESO 9309RESOLUTION 140. 9309 RESOLUTION RETAINING O'MELVENY & MYERS AS SPECIAL COUNSEL BE IT RESOLVED by the City Council of the City of National City that O'Melveny & Myers is employed as a con- sultant to the City of National City under the terms and upon the conditions outlined in their'letter of employment, a copy of which is attached hereto and incorporated herein as though set forth in full. PASSED AND ADOPTED this 14th day of February, 1967. ATTEST: d<_ CITY CLERK /J JOHN OMELVENY HARRY L.DUNN PIERCE WORKS HOMER I. MITCHELL GRAHAM L.STERLING WILLIAM B.CARMAN • MAYNARD J.TOLL JAMES M.IRVINE,JR. SIDNEY H.WALL RICHARD C.BERGEN DEANE F.JORNSON RAT H.LINDMAN JAMES C.GREENE WILLIAM W.ALSUP EDWARD C.FREUTEL,JR. GEORGE F. ELMENDORF PHILIP F.WESTBROOK,JR RODNEY K.POTTER CLYDE E.TRITT E.HARLET WALTHER WARREN M.CHRISTOPHER EVERETT B.CLART BENNETT W:PRIEST JAMES E.CROSS JAMES W.SEEBE HUGH L.MACNEIL R.DRADBURY CLARK BARTON BEEK RICHARD R.ST.JOHNS CHARLES G. BAKALY,JR. WILLIAM W.VAUGHN RICHARD E.SHERWOOD PHILIP D. IRWIN ALLYN O. KREPS DONALD V. PETRONI GABRIEL C.D000E,JR. DONN B.MILLER OWEN OLPIN LAW OFFICES OF O'M-ELVENY & MYERS 433 SOUTH SPRING STREET LOS ANGELES, CALIFORNIA 90013 TELEPHONE 620-1120 CABLE ADDRESSTIOMS" February 3rd 1 9 6 7 Honorable Board of Directors of South Bay Irrigation District c/o John H. Whitney, Esq. 8262 University Avenue La Mesa, California 92043 Honorable City Council of the City of National City c/o Donald F. McLean, Jr., Esq. City Hall 1243 National Avenue National City, California Gentlemen: H. W.OMELVENY 1865-1941 LOUIS W.MTERS 192J-1960 WILLIAM W.CLARY PAUL FUSSELL SECCANNEL BEVERLY HILLS OFFICE 9601 WILSHIRE BOULEVARD BEVERLY HILLS, CALIFORNIA 90210 TELEPHONE 273-4111 EUROPEAN OFFICE 4.PLACE OE LA CONCORDE PARIS S , FRANCE TELEPHONE 26539.33 OUR FILE NUMBER BM-100 The counsel for the South Bay Irrigation District, Mr. John H. Whitney, advises us that your two organizations wish to employ this firm in connection with the proposed plan to jointly acquire the water system presently owned by the California Water & Telephone Co. and in connection therewith to authorize and issue revenue bonds to finance each organization's share of the cost of such acquisition and necessary improvements to the system. We will be happy to accept such employment. Our services will be divided into three cate- gories as follows: 1: Conferences with the appropriate representa- tives of your two organizations to bring up to date the work previously done relating to the general plan of procedure, the recommendations regarding such general plan, including a review of statutory law to determine what legislation, if any, is needed to carry out such plan. #2 - Honorable Board of Directors of South Bay Irrigation District Honorable City Council of the City of National City 2-3-67 2. The drafting of any needed legislation and conferences, study and drafting to bring up to date the work previously done on the -contract between National City and South Bay Irrigation District covering the acquisition, ownership and operation of the system acquired. 3. The drafting of all resolutions, notices and other documents required in the proceedings for the author- ization and issuance of the revenue bonds representing each organization's share of the cost, the general supervision of such proceedings and the giving of all necessary instruc- tions in connection therewith, the examination of certified copies of such proceedings step by step as taken, and the issuance of the approving legal opinion to the purchaser of the bonds. For these services our fees will be as follows: (a) If bond proceedings are .taken there will be no separate charge for the services under item (1) above. If no bond proceedings are taken, the services under item (1) will be charged for on the same basis as that for work on item (2) above, but in that event each organization's share of the fee for services under item (1) shall in no event exceed the fee which would have been due on the bond proceedings if such proceedings had been taken and the proposition failed to carry at the election. (b) The services under item (2) above shall be performed jointly for your two organizations and the fee therefor shall be computed at $50 per hour for the time spent thereon. The final fee for such services shall be payable upon the completion of such services but partial fees on account for services to date shall be billed from time to time so as to keep billing reasonably current. On any billing for services under this item the total fee shall be shown and such fee shall be payable by each of your two organizations in•accordance with whatever agree- ment your two organizations inform us you have made as to the sharing of fees (last time it was_two-thirds by South Bay Irrigation District and one-third by National City). (c) For services performed under item (3) above, the fee shall be based upon the principal amount of the bonds authorized for each organization, as follows: #3 - Honorable Board of Directors of South Bay Irrigation District Honorable City Council of the City of National City 2 -3 -67 $150,000 to $1,000,000 $1,500 plus $2.50 per thousandon excess over $150,000 $1,000,000 to $5,000,000 $3,625 plus $1.50 per thousand on excess over $1,000,000 $5,000,000 to $10,000,000 $9,625 plus 75ri per thousand on excess over $5,000,000 Over $10,000,000 $13,375 plus 50/ per thousand on excess over $10,000,000. This fee shall be computed separately for each organization and shall be payable by each organization $1,000 following the canvass of the election returns and the balance upon the sale of the bonds involved. In the event the bonds are sold in series the fee due following each sale shall be the portion of the balance applicable to such sale but in that event there will be an addi- tional fee of $600 for each sale, if any, following the fourth sale. In the event the bond proposition fails to carry at the election, or if the bonds, though authorized, cannot be issued because the corresponding bond proposi- tion of the other agency fails to carry, the total fee for services under item (3) shall be limited to $1,000 for each organization payable following the canvass of the election returns. In addition we are to be reimbursed on monthly statements for our out of pocket expenses incurred in connection with this employment for long distance tele- phone calls, telegrams, travel at the request of the appropriate officers of your organizations and similar items. Any such item incurred for the benefit of both agencies shall be divided as stated in (b) above. We understand that, should there be condemnation, we are not to handle such proceeding.- We will, however, continue our work to the extent that scheduling and other problems can be worked out to the satisfaction of your two organizations. �+ - Honorable Board of Directors of South Bay Irrigation District Honorable City Council of the City of National City 2 -3 -67 If this arrangement is satisfactory will your Honorable Bodies please adopt an order employing us on the terms stated herein and furnish us with a certified copy thereof? Respectfully yours, Jaynes Warren Beebe of O'MELVENY & MYERS JWB: HS