HomeMy WebLinkAboutRESOLUTIONS - 01011968 - 1968-061 RESOLUTION No. 68/61
RESOLUTION APPOINTING SPECIAL BOND COUNSEL TO
PREPARE PROCEEDINGS AND AUTHORIZING AGREEMENT
BE IT RESOLVED that STURGIS , DEN-DULK, DOUGLASS
& ANDERSON, Attorneys at Law, Oakland , California , he and
they are hereby , appointed as Special Bond Counsel to supervise
all proceedings and to prepare all -resolutions , entices and
other papers and proceedings for any work and improvement
. that may be hereafter authorized by the Board of Supervisors of
the County of Contra Costa for the construction of improvements
and the acquisition of real property to be made by special assess-
ment proceedings in Assessment District No . 1967-2 (Rica Road
Lafayette) , Contra. Costa County, California. ; and
BE IT FURTHER RESOLVED that the employment of said
STURGIS , DEN-DULK , DOUGLASS & ANDERSON be made as provided
in the attached agreement ; and
BE IT FURTHER RESOLVED that the Chairman of the
Board of Supervisors and the County Clerk of the County of
Contra Costa be , and they are hereby , authorized to sign
and attest the attached agreement employing the said STURGIS ,
DEN-DULK, DOUGLASS & ANDERSON as Special Bond Counsel for
and in behalf of said Assessment District .
681611
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I HEREBY CERTIFY that the foreaoin7 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 30th: day of January, 1968 , by the follouring vote ,
to wit :
AYES: Supervisors James P. Kenny, James E. Moriarty, Thomas John Coll,
Edmund Ai Linscheid,
NOES: Supervisors None.
ABSENT. Supervisors None*
W. T. PAASCH, County Clerk,
County of Contra Costa
California
BYau .
Anne `N :~ TcSo`rley, CIei�Ic"
68161
A G R E E M E N T
THIS AGREEMENT , made and entered into
this 30th day of January, 1968 , by and between the COUNTY OF
CONTRA COSTA, a political subdivision of the State of California,
First Party , and STURGIS , DEN-DULK, DOUGLASS , ANDERSON,
Attorneys at Law, Second Party :
W I T N E S S E T H:
That for and in consideration of the mutual
covenants herein contained , the parties hereto agree
as follows :
1. First Party proposes to initiate special
assessment proceedings for improvements in Assessment District .No.
1967-2 (Risa. Read - Lafayette),, Contra Costa County, California.
2 . First Party ,'. hereby ,employs STURGIS ,
DEN-DULK, DOUGLASS & ANDERSON, Second Party and Second
Party hereby agrees to accept employrient by First Party
as special bond counsel for said proceedings . Said services
shall include the following:
a. Preparation of all resolutions , notices and other
papers , documents and proceedings required by the
provisions of the Special Assessment Investigation ,
Limitation and Majority Protest Act of 1931 of the
State of California ;
b. Preparation of all resolutions , notices and other
papers and proceedings required by the provisions
of the "Improvement Act of 19111" in carrying. through
the proceedings for the work contemplated;
C . Furnishing of opinion to the contractor performing
said work and inprovenent , or his assigns ; opinion
on the validity of the contract : opinion nn the
validity of the assessment , warrant and diagram; and
non the validity of the bonds if, when and
as issued
d. Supervision and direction- of alll+��al suns taken or
required to be taken by the Board cif Srtpe7rvisors of the
County of Contra Costa car its officers , agents or
employees in connection with said work and improvement ,
e . Rendition of general_ consultation and advice to First
Party , its officers and employees , with respect to the
planning , preparation, handling , processing and com-
pletion of all phases of the aforesaid improvement
proceedings .
f. Attendance at such conferences and public meetings
in the County of Contra Costa as Tray be
reasonably necessary to perform this contract of
employment .
Preparation of proceedings , notices and
other pavers shall not include preparation of duplicate
copies which might be required for notices to property
owners or otherwise , nor shall. it include any work in
connection with the addressing of envelopes or other
clerical work in connection with supplying or mailing
notices to property owners . Any such clerical services
which may be rendered by said Second Party at the request
of either the First Party or its agents , officers or
employees , and which the said Second Party is able to
do , will be charged for on the basis of cast plus reasonable
compensation therefor.
3. Second Party shall receive as compensation
for the doing and performance of said work the sum of
three per cent (3$) of the cost of the .work but in no
event less than the sum of $1 , 500 .00. Incidental costs
and expenses incurred in connection with the proceedings
shall not be included in determining the amount of the
cast of the work as that term is used herein. Out-of-
pocket , communication , transportation and other casts
incurred as incidental expenses in accordance with the
rprovis.ions of the "Improvement Act of 1911" .shall be
paid in addition thereto as part of the incidental expenses .
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68/ 61 "
4 . Said compensation shall be paid to Second
Party as follows :
a. Eighty per cent (80%) thereof at the time of
signing the contract with the contractor who may he
be awarded said contract by the Board cif .:Supervisors
of the County of Contra Costa.
b . The balance thereof at the time of recording the
warrant , diagram and assessment .
S . The compensation hereinabove provided
for shall not include any services in connection with
easements or rights-of-way , nor for any services in liti-
gation. If the services of Second Darty shall be required
by First Party in connection with easements or rights-
of-way or litigation , the compensation of Second Party
shall- be the reasonable value thereof and the costs inci-
dental thereto. Any such costs and compensation shall
be included as a part of the incidental expenses of the
proceedings
6 . In the event that said proceedings
shall fail to be carried through to conclusion , or shall be
abandoned, then Special Band Counsel shall receive
nothing.
IN WITNESS WHEREOF, the parties have hereunto
subscribed their names , the First Party by its Chairman of the
Board of Supervisors , attested thereto by the 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: 's) Alfred lel. Dias
W. T. PAASCH, County Clerk Chirman of the oar o upervisor
By :
Deputy "FIRST PARTY"
STURGIS , DEN-DULK, DOUGLASS ANDERSON,
Special Bond Counsel
By: (s) Robei�t, Brunsell
f4, pp ,SECOND PARTY"
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