HomeMy WebLinkAbout1989-297
"
..
4
1
RESOLUT ION NO. 89-297
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH BROWN & DIVEN RELATING TO
PROVIDING BOND COUNSEL SERVICES FOR THE CAJON AND JUNE
4 ACQUISITION DISTRICT, ASSESSMENT DISTRICT NO. 977.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City an Agreement for Legal Services
8 with Brown & Diven for providing bond counsel services for the
9 Cajon and June Acquisition District, Assessment District No.
10 977, a copy of which is attached hereto marked Exhibit IIA,II and
11 incorporated herein by reference as fully as though set forth
12 at length.
13 SECTION 2. This resolution is rescinded if the parties to
14 the Agreement for Legal Services fail to execute it within
15 sixty (60) days of the passage of this resolution.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardino at a
regular
meeting thereof, held
19 on the
20
21
7th
day of
August
, 1989, by the
following vote, to wit:
AYES:Council
t1embers
Estrada, Reilly, Flores,
22
23
24
25
26
27
28 07 - 11 - 8 9
Minor, Pope-Ludlam, Miller
NAYS:
None
ABSENT:
Council Member Maudsley
~$~~f/
/' City C e r k
..
,
~
RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH BROWN & DIVEN
RELATING TO BOND COUNSEL SERVICES FOR ASSESSMENT
D-ISTRICT NO. 977
1
2
3
4
5
6
7
8
The foregoi ng
c;tlt- day 0 f
resol uti on is hereby
approved
t his
(ZU4ur
,J
//
tI
, 1989.
j)1~~~ o:!~:JL~( L&?--
City of San Bernardino
Approved as to form
9 and legal content:
10
11
12
James F. Penman
City Attorney
/1 /~J
13 Byr1f~~
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
07-11-89
2
Pf-~r7
~
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made and entered into this 'l-tL day of ~ur,
19~, by and between the CITY OF SAN BERNARDINO, a municipal corporation,
hereinafter called "City", and BROWN & DIVEN, hereinafter called "Attorneys".
1. EMPLOYMENT. The City employs the Attorneys as special counsel to the
City to assist it in conducting proceedings pursuant to the Municipal Improvement
Act of 1913, Division 12 of the Streets and Highways Code, and the Improvement
Bond Act of 1915, Division 10 of said Code, for the purpose of establishing an
assessment district, including portions of the City which will benefit from the
acquisition and construction of certain public improvements, and as bond counsel,
wi th respect to the issuance of bonds pursuant to the sai d Improvement Bond Act
of 1915, for the purpose of financing the design, acquisition and/or construction
of said public improvements and expenses incidental thereto.
2. SERVICES. The Attorneys will advise the City Attorney's Office in
regard to the proceedings for the establishment of said assessment district and
will prepare all ordinances, resolutions, notices, bond forms, and other
documents required in the proceedings. They will examine all proceedings, step-
by-step as taken, and when the bonds are issued, will issue their opinion or
opinions upon the validity thereof. They will also attend any meeting in which
substantive action in connection with the proceedings is to be taken. The
services to be rendered by the Attorneys will not include any services in
connection with validation or condemnation suits, if such suits be filed to
validate any proceedings or for the acquisition of any property or easement
proposed to be taken. The services of the Attorneys also do not include
7-10-89 EXHIBIT A
1
.-
any servi ces or opi ni ons in connecti on wi th the wri ti ng of case contracts. any
servi ces or opi ni ons in connecti on wi th any proceedi ng subsequent to the sa le of
bonds. or any services or opinions in connection with any litigation.
3. COMPENSATION. For preparation and supervision of the proceedings.
examination of each step as taken. and the issuance of their approving opinion on
the bonds to be issued. the Attorneys will be paid the greater of $18.420 or an
amount determined in accordance with the following schedule. The amount to which
the following schedule percentages are applied is the aggregate amount of the
face value of bonds issued to finance the improvements within the proposed
assessment district as contemplated by this agreement.
AM 0 UNT
$0.00
$1.500.001.
$7.500.001.
Over $15.000.000.
- $1.500.000.
- $7.500.000.
- $15.000.000.
PERCENTAGE
1%
1/2%
1/4%
1/8%
The Attorney's fee will be payable upon the issuance of bonds. If other
services are requested by the City which are not within the scope of those
provi ded for herei n. they wi 11 be performed by the Attorneys on a ti me-basi sat
the hourly rates of the Attorneys involved. In the event the bonds are not
issued. the Attorneys will be paid a reasonable fee. to be mutually agreed upon.
based upon applicable hourly rates of the Attorneys undertaking the work prior to
abandonment but in no event shall such sum exceed $18.420.
4. RE IMBURSEMENT ..QI EXPENSES In addi ti on to the fees provi ded for above.
the Attorneys will be reimbursed by the City upon monthly statements for any out-
of-pocket expenses incurred by them in the course of thei r employment. such as
7-10-89
EXHIBIT A
2
long distance telephone calls, telegrams, messenger and courier services, travel
~
a t the request of Ci ty offi ci a 1 s, dup 1 i ca ti ng, computer ti me, and the 1 i ke. The
A ttorneys wi 11 order the pri n ti ng of the bonds for the accoun t of the Ci ty. The
bills for such printing will come directly to the City and will be paid from bond
proceeds.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as
of the date first above written.
BY
CITY OF SAN BERNARDINO
a minicipa1 corporation
Byf)J~A~
/'tayor Pro Temp -e -
ATTEST:
~A~
t, ty C e r k
APPROVED AS TO FORM
and LEGAL CONTENT:
James F. Penman
Ci ty Attorney
By: L 7/~
o
7-10-89
EXHIBIT A
3