HomeMy WebLinkAboutResolution 117-92 RESOLUTION NO. 117-92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
APPOINTING BOND COUNSEL AND
ASSESSMENT ENGINEER
CAMINO REAL IMPROVEMENT PROJECT
WHEREAS, this City Council (the "Council") of the City of Atascadero (the
"City"), California, has determined to undertake proceedings pursuant to appropriate
assessment bond acts for the acquisition of public improvements in the City; and
WHEREAS,the public interest and general welfare will be served by appointing and
employing Bond Counsel and Assessment Engineer for the preparation and conduct of said
proceedings and work in connection with said acquisitions and improvements.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That Haight & Haight, Attorneys at law, Scotts Valley, California, be, and they
are hereby appointed and employed as municipal Bond Counsel to do and perform all legal
services required in the conduct of said proceedings, and that their responsibilities and
compensation be, and are hereby established pursuant to that certain Fee Agreement for
Camino Real Improvement Project Proceedings, dated September 21, 1992 attached hereto
as EXHIBIT "A" and incorporated herein by reference. The City Manager is hereby
authorized to execute said letter agreement on behalf of the City.
2. That Robert C.Tartaglia of Tartaglia-Hughes Consulting Engineers, Atascadero,
California, be and they are hereby, appointed and employed as Assessment Engineer for
these proceedings, to provide all engineering services required in the conduct of said
proceedings and that their compensation shall be as set forth in a contract and scope of
Resolution No. 117-92
Page 2
work agreement to be submitted to and approved by the City Council and such
compensation agreed upon shall be set forth in the Engineer I s Report to be approved by
said Council.
3. That the fees provided to be paid herein be paid from said assessments to be
levied and bonds to be issued, and not otherwise.
PASSED, APPROVED AND ADOPTED this 10th day of November, 1992, by the
following vote:
AYES: Councilmembers Bewley, Borgeson, Kudlac, Luna and Mayor Nimmo
NOES: None
ABSENT: None
ABSTAIN: None
MAYOR
ATTES�':
CITY C
Resolution No. 117-92
HMGHT & HMGHT
ATTORNEYS AT LAW
Municipal Bond Counsel
EXHIBIT evAll
Robert M.Haight
Raymond M.Haight
Robert M.Haight,Jr.
Cameron A.Weist September 21, 1992
Honorable City Council
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
Re: Fee Agreement for Improvement Proceedings
Camino Real Improvement Project
Dear Honorable Councilmembers:
I am forwarding to you our form of agreement to conduct certain assessment district
proceedings that are presently being contemplated by your Council.
For legal matters pertaining to the above-referenced assessment district to be
financed by special assessment bond proceedings, we agree to represent and serve you as
herein provided:
1. Consult with you and your staff in order to provide a coordinated financial,
engineering and legal program for each particular project.
2. Attend all meetings of the City Council or other bodies relating to the
proceedings including, at your request, all informal property owner meetings
to explain a proposed project and such other meetings of City Council when
called upon by you.
3. Confer with your consulting engineers and review any engineering contract
for a particular project for legal sufficiency.
4. Prepare all petitions, certificates, resolutions, orders, notices and affidavits
necessary in the conduct of said proceedings and such other reports,
documents and correspondence of a legal nature as may be necessary.
5. Examine for legal sufficiency the Engineer's Report to be filed in the
proceeding including plans, specifications, estimate of costs, boundary maps,
diagrams, assessments and rights-of-way.
5522 Scotts Valley Drive 9 Scotts Valley,California 95066• (408)438-6610•Fax(408)438-1367
RESOLUTION NO. 117-92
EXHIBIT "A"
Page 2
Honorable City Council
September 21, 1992
Page -2-
6. In consultation with your engineer, examine the construction plans to
determine that the proposed improvements will be constructed in public
streets, roads, alleys or easements, and if not, determine which properties or
easements need be acquired by the City.
7. In consultation with your engineer and staff, determine whether the lands to
be taxed for the proposed improvements are private or public.
8. During the course of any project advise your engineer or staff by telephone,
correspondence or conference as to legal questions involving the City and
relating to said proceedings.
9. Prepare the forms of notice of improvements, notice to property owners,
notice of assessment,notice to pay assessments,notice of sale of bonds,notice
of acceptance of completion, and such other notices as may be necessary,
together with supervision and direction in the time and manner of mailing,
publication and/or recording thereof.
10. Advise and consult with the City,its staff and engineers regarding negotiations
for the acquisition by the City of necessary lands or easements.
11. Advise and consult with the City, its staff and engineers in negotiations with
the contractor before, during or after a particular project.
12. Provide our legal opinion, unqualifiedly approving all proceedings, contracts,
assessments and bonds.
For those services as set forth above in Section 1 through 12, inclusive, our fees
shall be based on two percent (2%) of the first$2,000,000 of bonds issued; and one percent
(1%) of any bonds issued thereafter.
Our fees shall be paid only if assessments for a particular project are confirmed
and levied by your Council and the bonds are issued and sold and not QJherwise. If
proceedings are terminated for any reason by your Council at any time prior to said
confirmation and levy, then our percentage fee shall not be due or payable.
RESOLUTION No. 117-92
EXHIBIT "A"
Page 3
4
Honorable City Council
September 21, 1992
Page -3-
The following services are not included in our percentage fee, however, shall be
payable only if said bonds are issued and sold:
(a) Preparation of bond registers and auditor's records;
(b) Services in representing the City in litigation concerning the legality
of any project or proceeding other than any uncontested validating suits
recommended by us to be taken; and
(c) All out-of-pocket expenses, such as telephone, telefax, postage,
reproduction costs, express deliveries, transportation, lodging and
meals (if overnight stay required) and similar typical expenses.
For any such excluded services referred to above in (a) and (b) inclusive, which
services are delegated by the City to us for performance, we shall be paid a reasonable fee
on an hourly basis or a lump sum, as agreed upon by the parties at the time of delegation.
Accurate and complete time records will be made available to the City, if requested,
substantiating the charges made for said excluded services. Expenses referred to above in
(c) shall be substantiated by adequate documentation.
Very truly yours,
HAIGH&HAIGHT
By: L
ROBERT M. ITAIGHT
RESOLUTION No. 117-92
EXHIBIT "A"
Page 4
•
Honorable City Council
September 21, 1992
Page -4-
The foregoing agreement was accepted by the City Council of the City of Atascadero
at a meeting thereof held on the lothday of November , 1992.
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Approved:
City-Manager