HomeMy WebLinkAboutReso 1983-11332
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RESOLUTION NO. 11332
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHBLA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
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VISTA AND F. MACKENZIE BROWN, SPECIAL COUNSEL, IN
CONNECTION WITH THE PROPOSED ASSESSMENT PROCEEDINGS
AND BOND ISSUANCE FOR LAS FLORES DRIVE I
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AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows: I
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that that certain agreement between THE CITY
OF CHULA VISTA a municipal corporation, and F. MACKENZIE BROWN,
Special Counsei, in connection with the proposed assessment pro-
ceedings and bond issuance for Las Flores Drive l
dated the 2nd day of August , 1983, a copy of which is
attached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
BE IT FURTHER
Chul a vis ta be, and he
execute said agreement
vista.
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RESOLVED that the Mayor of the Cit~ of
is hereby authorized and directed to
for and on behalf of the City of Chula
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Presented by
Ci!f-' ..J~
homas J. Harron, A~ting
Ci ty Attorney
Approved as to form by
~~c~~
City Attorney
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY; OF
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-iULA VISTA, CALIFORNIA, this 2nd day of August I
83 , by the following vote, to_it: I
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(ES.: Councilmen Moore, Malcolm, Cox I
~YES: Councilmen None I
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BSTAIN: Councilmen Scott I
:3SENT: Councilmen McCandltss I
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rTEST
the City of Chula Vista
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~
City Clerk
-ATE OF CALIFORNIA )
)UNTY OF SAN DIEGo ) ss.
TY OF CHULA VISTA )
,
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
) HEREBY CERTIFY that the above and foregoing is a full, true and correct ICOpy of
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RESOLUTION NO. 11332 ,and that the some has not been amendedror repealed.
~TED
City Clerk
(seal)
:;-660
SPECIAL COUNSEL AGREEMENT
August ,
pub 11 c i corporat ion
Attorneys at Law,
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NOW, THEREFORE, IT IS HEREBY AGREED by and between the part i es hereto as fo 11 ows:
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SECTION 1. That Counsel shall perform legal services in connection with the pro-
posed assessment proceedings and bond issuance in the matter of a
proposed special assessment district known and designated as
THIS AGREEMENT is made and entered into this 2nd day of
1983, by and between the CITY OF CHULA VISTA, CALIFORNIA, a
(hereinafter referred to as "City"), and BROWN & NAZAREK,
(hereinafter referred to as "Counsel").
ASSESSMENT DISTRICT NO. 83-1
(LAS FLORES DRIVE ET AL)
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(hereinafter referred to as the "Assessment Di strict") under proceed-
ings conducted pursuant to the provisions of the "Municipal Improve-
ment Act of 1913", being Division 12 of the Streets and Highways Code
of the State of California. I
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Said services shall include: I
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A. Review of the dedication and acquisition of the streets and ease-
ments'or other property in which proposed work is to be performed;
B. Examination of the plans and specifications for the prJposed work,
the boundary map and assessment di agram of the Asses:sment Di st-
rict, the assessment roll and bonds, and the i giving of
instructions and advice in connection with the foregoinq;
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C. Recommendations as to procedure, schedules and actions Ithat should
be conducted and taken; I
D.
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Preparation of all resolutions, notices, contracts, bond forms,
and other papers and documents required in the proceedings;
Examination of the proceedings, step by step, as taken}
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Appear at all hearings under the proceedings, and attend any meet-
ing where attendance is requested; I
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Make recommendations. as to sale of bonds, if desired; I
Perform legal services, if required, pursuant to the prrovisions of
the "Speci al Assessment Invest igat ion, Limitat ion and Majority
Protest Act of 1931", being Division 4 of the Streets and Highways
Code of the State of California; I
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Issuance of an unqua 1 ifi ed legal 'opi ni on attes t i ng to the val i di ty
of the proceedings and the issuance of the bonds.
E.
F. .
G.
H.
1.
Such legal services shall not include any services in connection with
the acquisition, by easement or condemnation, of any easements or
other interest in real property necessary for the proposed improve-
ments. These services can be provided by Counsel, by sepa'rate agree-
ment, if desired by City.
R-1l332
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SECTION 2. That the City shall perform as follows:
A.
Furnish to Counsel such maps, records, title searches, and other
documents and proceedings, or certified copies thereof\ as may be
reasonably required by Counsel in the performance of the services
hereunder; i
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Pay to Counsel a fee computed on the confirmed assessment
as follows: I
B.
TWO PERCENT (2%) of the first $300,000;
ONE PERCENT (1%) from $300,001 to $1,500,000;
ONE-HALF PERCENT (.50%) on the balance thereof.
C. Payment of the above-referenced fee shall be as follow~:
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A 11 due and payab le upon recei pt of money from the sale and de 1 i-
very of bonds to the successful underwriter.
SECTION 3. In the event the proceedi ngs are termi nated or abandoned prior to
completion, Counsel shall be paid a reasonable fee for services ren-
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dered to date based on an hourly rate of $85.00 per hour, not to
exceed $6,000.00; however, if the proceedings are abandoned upon the
conclusion of the public hearing authorized by Article OV, Section
19 of the California Constitution the fee shall not exceed 1$2,000.00.
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SECTION 4. That this Agreement may be terminated by either party hereto by mail-
ing written notice thereof to the other party. !
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I N WITNESS WHEREOF, the part i es hereto have caused thi s Agreement to be executed
on the day and year first here; nabove wri tten.
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CITY OF CHULA VISTA
STATE OF CALIFORNIA
By:
R-I/3'3;L