HomeMy WebLinkAboutRESOLUTIONS - 01011969 - 69-14 r
RESOLUTION NO. LI/1
RESOLUTION APPOINTING SPECIAL BOND COUNSEL TO
PREPARE PROCEEDINGS AND AUTHORIZING EXECUTION- .
OF AGREEMENT
BE IT RESOLVED that STURGIS, DEN-DULK, DOUGLASS & ANDERSON,
Attorneys at Law, Oakland, California, be, and they are here-
by, appointed as Special Fond Counsel to supervise all proceed-
ings and to prepare all resolutions, notices ,and other papers
and proceedings for any work and improvement that may be here-
after authorized by the Board of Supervisors of the County of
Contra Costa for the improvements and acquisitions to be made
by special assessment proceedings in Assessment District No .
G9- 1, Roundhill Road, Contra Costa County, California; and
BE IT FURTHER RESOLVED that the employment, of the 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-DU'LK, DOUGLASS & ANDERSON
as Special Bond Counsel for and in behalf of said Assessment
District,
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R SOILUTION No. 69/14
I HEREBY CERTIFY that the foregoing Resolution was duly
and regularly adopted by the Board of Supervisors of the County of
Contra Costa, State of California,_ at a regular meeting thereof,
held on the 14th day of January, 1969, by the following vote , to wit:
AYES: Supervisors James F. Kemy, Alfred M. Dias, Thomas Jahn Call.,
Edmund A. nsc 'e amen E. go-riarzy,
NOES: Supervisors None..
ABSENT. Supervisors None,
W. T. pAASCH, County Clerk,, County of
Contra Costa, State of California
Anne' .t4, XeSorley,, Des ty er'IE
a"
Y
RESOLUTION No. 69/14
A G R E E M E N T '
THIS AGREEMENT, made and entered into this 14th day of
January, 1969, 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 11:
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 and acquisitions in Assessment District
No. 1969- 1 , Roundhill Road, Contra Costa County, California.
Z. First Party hereby employs STURGIS, DEN-DULK, DOUGLASS
ANDERSON, Second Party and Second Party hereby agrees to accept
employment by First Party as Special Bond Counsel for said pro-
ceedings. 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 1911" in carrying through
the proceedings for the work contemplated;
c. Furnishing ; of opinion to the contractor performing
said work and improvement , or his assigns ; opinion
on the validity of the contract , opinion on .the
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RESOL T-10N No. 69/i.4
validity of the assessment, warrant and diagram; and
opinion on the validity of the bonds if, when and
as issued,
d. Supervision and direction of all legal steps taken or
re uir'ed to be taken. by the Faust Party, or its
oficers , 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 Centra Costa as may be
reasonably necessary to perform this
contract of employment.
Preparation of proceedings , notices and other papers
sh it not include preparation of duplicate copies which might be
required for notices to propertyowners or otherwise, nor shall:
it ,include any work in connection with the addressing of envelope's
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, officer's or employees , and which the said
Second Party is 'able to do, will be charged for on the basis of
cost 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
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.RESOLUTION xo. 69/14
(3F) of the cost of the work and acquisitions to be made , if any,
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 cost of the work
as that term is used herein. Out-of-pocket , communication, transportation
andd other casts incurred as incidental expenses in accordance with
the provisions of the "Improvement Act of 1911`' shall be paid in
addition thereto as part of the incidental expenses .
4. Said compdnsation 'shall be paid to Second Party as
follows :
a. Eighty per cent (80%) thereofat the time of
signing the contract with the contractor who may
be awarded said contract by the First Party.
tb. , The balance thereof at the time of recording the
warrant, diagram "and assessment.
S. The compensation hereinabove provided for shall not
inc'ludc any services in connection with the acquisition of ease-
ments or rights-of-ways nor for any services in litigation. If
the services of Second Party shall be required by First Party in
connection with the acquisition of easements or rights-of-way or
litigation, the compensation of Second Party shall be the reason-
able value thereof and the costs incidental thereto. Any such
costs and compensation shall be included 4s a part of the inci-
dental expense's of the proceedings .
RESOLUTION rO 69/1
6, In the 'event said proceedings are not carried through
to conclusion, or shall be abandoned, then Second Party shall receive
nothing.
IN WITNESS IIIIEREOF,. the parties have hereunto subscribed
their names, First Party by its Chairman cif.the Board of Supervisors,
attestedthereto 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.
A`-
By By
a�.rman o t e 'var o uperv�sors
ATTEST:
W. T. PAASCIt, County Cleric
By •.�� �i
Deput,
"First Party"
STURGIS, DEN-DULK, DOUGLAS'S ANDERSON
By
"Second Party"
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DESOLUTIOIN3,y0, 691114
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