HomeMy WebLinkAboutRESOLUTIONS - 09012004 - 70-661 RESOLUTION NO.
RESOLUTION APPOINTING SPECIAL B014D COUNSEL AND
AUTHORIZING EXECUTION OF AGREEMENT
BE IT RESOLVED by the Board of Supervisors of the County
of Contra Costa, State of California, that STURGIS, .DEN-DULK,
DOUGLAS'S & ANDERSON, Attorneys at Law, Oakland, California, be,
and they are hereby, appointed as Special Band Counsel to conduct
special assessment district proceedings in Assessment District No.
1970-2 , Pacheco Drainage, County of Contra Costa, State of Cali-
fornia; and
BE IT FURTHER RESOLVED that the employment of the
said STURGIS, DEN-DULK DOUGLASS & ANDERSON shall be as provided
in the attached agreement; and
BE IT FURTHER RESOLVED that the Chairman of the Board
of Supervisors be authorized to sign, and the County Clerk thereof
be authorized to attest, that certain agreement employing the
said STURGIS, DEN-DULK, DOUGLASS & ANDERSON as Special Bond' Counsel
to do and perform the services therein set forth and upon the
compensation therein provided for.
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RESOLUTION NUMBER ' 70/661
f'
I HEREBY CERTIFY that the foregoing resolution was
duly and regularly adapted by the Board of Supervisors of the
County of Contra Costa, State of California, at a regular meeting
thereof, held on the 13th day of October, 1970 , by the following
vote , to wit:
AYES: Supervisors Kenny,, Di-as , Moriarty . Lin�.cheid.
NOES Supervisors None.
ABSENT- Supe rvi stirs one ,
Thomas John Coll
Chal.rman, Board of upervisors
ATTEST (SEAL)
W. T. PAASCH, County Clerk
By
RESOLUTION NUMBER 70/661
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AG REEMEN '
THIS AGREEMENT, made and entered into this 13th day
of October, 1970 , by and between the County of Contra Costa, a
political subdivision of the State of California, hereinafter
called First Party, and S`PURGIS, DEN-DULK, DOUGLASS & ANDERSON,
Attorneys atLaw, Special Band Counsel, hereinafter called Second
Pasty;
I T N E S S E T H
That for and: in consideration of the mutual covenants
and agreements herein contained, the parties hereto agree as
follows
1. First Party proposes to initiate proceedings for
the improvements and acquisitions. in Assessment District No. 1970_2,
Pacheco Drainage, County of Contra Costa, State of California.
2. First Party hereby employs Second Party as Special
Rand Counsel and Second Party hereby agrees to accept said employment
by First Party in said proceedings. Said services shall include
as follows:
a, Such preliminary consultations and advice as are
necessary with First Party officials , or First
Party officials and groups not comprised of First
Party officials , to determine the best proceedings
to be taken and what district is to be formed,.
b. Preparation of any and all proceedings from the
time of commencement of formal proceedings by
petition or action of the governing body of
First Party through to consummation of the pro
ceedings and sale of the special assessment bonds
which may- be issued in connection with said
proceedings
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c. Complete supervision of all stages of the pro-
ceedings and attendance at such public and pri-
vate meetings as are necessary to carry the
project through to completion,
d. SecondParty is to be available for consulta-
tion by First Party officials , groups and/or
individuals for information and consultation with
relation to such proceedings by telephone or
otherwise if it can be arranged;
e. Second Party agrees that there shall be included
in the. ,amount of the fee provided to be paid
opinion to the purchaser or purchasers of bonds
which may be issued in the proceedings .
3 The fee provided for herein does not include out-
of-pocket expenses of Second Party for transportation, ,communica-
ton or ether out--of-pocket expenses, or for any services in
connection with litigation.
4. Second Party shall receive as compensation for
the services herein agreed to be provided the sum of three per
cent (3 ) of the project costs . "Project Cast" is defined to
include construction costs, acquisition costs , utility deposits
and contingency funds as shown on the final Engineer's Report
and Estimate of Cost approved by First Party and on file in the
proceedings at the time of confirmation of the assessment dis-
t rict.
s-trict. "Project Cast" shall not include
(a) Incidental: expenses;
(b)' The amount of any bond discount
In no event shall said compensation be less than $1,500.00.
Said compensation shall be payable from the proceeds
of assessments levied in said proceedings based upon the figures
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enumerated above and shall be payable upon receipt of money from
the proceeds of assessments levied..
S. The <fee herein provided for shall not include
any services in connection with acquisition of rights-of-way
or proceedings in eminent domain. Any services rendered by Second
Party in connection with the acquisition of Land for rights-
of-way or eminent domain proceedings, including all costs in
connection with such acquisitions, shall be paid for in addition
to fees herein provided for, and shall be payable in the same
manner as other fees.
b. ' In the event said proceedings are not carried
through to conclusion, or shall be abandoned, then Second Party
shall 'receive nothing.
IN WITNESS WHEREOF, the parties hereto have hereunto
subscribed their names, First Party by the Chairman of said Board
of Supervisors attested by its County Clerk the day and year
in this agreement first above written.
COUNTY OF CONTRA COSTA, a political
subdivision of the State of California
C airman, oar of Supervisors
ATTESTS
"FIRST PARTY"
W. T. PAASCH, County Clerk
f
A i�Ia n��E I*de
STL3RCIS, DEN--DULL, DOUGLASS & ANDERSON,
Special Band Counsel
By: Qr1g a. %ignd by RobjerlBasoll�
Robert Brunse
"SECOND PARTY"
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