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HomeMy WebLinkAboutRESOLUTIONS - 01011967 - 1967-720 RESOLUTION NO. 67/ 2 RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT BE IT RESOLVED by the Board of Supervisors of the County of Contra. Costa , California, that STURGIS , DEN-DULK, DOUGLASS ANDERSON, Attorneys at Law, Oakland , California, be , and they are hereby, appointed as Special. Bond Counsel to conduct special assessment district proceedings in Assessment . District No . 1966-6 , Eckley Lane , Centra Costa County , California; 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 for and upon the compensation therein provided for. A�`t Al.�/�6 V/7 (`.' I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa. , California , at a regular meeting thereof. , held on the 3rd day of October , 1967 , by the following vote , to wit : AYES: Supervisors - NOES : Supervisors AASENT : Supervisors _Non' . _�. � W. T. PAASCH, County Clerk, County of Contra Costa California BY jildred 0. Ballard Deputy Clem -2 - A G R E E- M E N T THIS AGREEMENT, made and entered into this 3rd day of October, 1967 , by and between the County of Contra Costa, a political subdivision of the State of California, hereinafter called, "County ," and STURGIS, DEN-DULK, DOUGLASS & ANDERSON, Attorneys at Law, hereinafter called "Special Bond Counsel" ; W 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 . County proposes to initiate proceedings for the construction of improvements and acquisition of real property in Assessment District No . 1966-6 , Eckley Lane , Contra Costa County, California . 2 . County hereby employs Special Bond Counsel and said Special Bond Counsel hereby agrees to accept employment by County as said Special Bond Counsel for said proceedings . Said services shall include the following : a . Such preliminary consultations and advice as are necessary with County officials , or County officials and groups not comprised of County officials , to determine the best proceedings to be taken and whai - 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 Board of Supervisors of Contra Costa County through to consummation of the proceedings and and sale of the special assessment bonds which may be issued in connection with said proceedings ; 67/7 2 c . Complete supervision of all stages of the proceedings and attendance at such public and private meetings as are necessary to carry the project through to comple- tion; d. Special Bond Counsel is to be available for consulta- tion by County officials , groups and/or individuals for information and consultation with relation to such proceedings by telephone or otherwise if it can be arranged; e . Special Bond Counsel agree 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 Special Bond Counsel for transportation, communication or other out-of-pocket expenses , or for any services in connection with litigation. 4 . Special Bond Counsel shall receive as compen- sation for the services herein agreed to be provided• the sum of three per cent (3e) of the cost of construction, including acquisitions and contingencies , but in no event shall said com- pensation be less than Fifteen Hundred Dollars ($1 , 500 . 00) 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 Special Bond Counsel 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 sane manner as other fees . 6 . In the event said proceedings are not carried through to conclusion, or shall be abandoned, then Special Bond Counsel shall receive nothing . 67 7 - 2- IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names , County by the Chairman of said Board of Supervisors of Contra Costa County , 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 ATTEST: By Ijsl ,d a=d .�� ., '',3 ns c<e 4 d :w'AASCs:� r a1r an Board of Supervisors County' Clerk "COUNTY" Deputy ,,leek STURGIS , DEN-BULK, I30UGLAuS ANDERSON By f .Ro art arnua ,:�` "SPECIAL BOND COUNSEL _3_ 67 ,