HomeMy WebLinkAbout1972-04-18; City Council; Resolution 1984-, '.
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3025.263
RESOLUTION NO. 1984
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD APPOINTING PERSON TO PREPARE ALL
PROCEEDINGS (AMENDING RESOLUTION NO. 1790)
ASSESSMENT DISTRICT NO. 2-1969
(Regarding Proposed Improvement of Sewers in
Highland Drive Between Tamarack and Elm Avenues)
The City Council of the City of Carlsbad does hereby resolve
as follows:
1. Woolley, Crake, Collins & Ward, Attorneys at Law, are
hereby appointed as attorneys to prepare all resolutions, notices
snd other papers and proceedings for any work and improvements that
nay hereinafter be authorized by the City Council of the City of
3arlsbad for the proposed improvement of the above-named assessment
listrict.
2. The terms and conditions of such employment shall be as
;et out in the contract for employment as special counsel, attached
md incorporated as Exhibit A.
3. The Mayor is hereby authorized and directed to execute the
:ontract attached as Exhibit A, on behalf of the City, and the Cler
if the City is authorized and directed to attest such contract.
PASSED, APPROVED, AND ADOPTED at a meetirgof the City Council
If the City of Carlsbad, California, held April 18, , 1972, by the
iollowing vote, to wit:
AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee.
NOES : None.
ABSTAIN : None.
DAVID M. DUNNE,
,--\ iTTEST :
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SPECIAL COUNSEL AGREEMENT -
* THIS AGREEMENT is made Apri 1 4 , 1972, bekeen the City of
Zarlsbad ('Tity") and Woolley, Crake, Collins & Ward ("Attorney") ,
:€iE PARTIES AGREE:
i ? 1- In reference to proceedings for the creation of an assess.
sent district under the provisions of the Improvement Act of 1911,
:he District to be named.'"Highlad Drive Sewer Assess. Dist. 2-1969
5ty employs the Attorney to furnish, and the Attorney agrees to
Eurnish, the following legal services:
(a) The drafting of all Resolutions, Notices and other
locuments required in the formation of the Assessment District and
€or the issuance and sale of bonds.
@) The general supervision of the proceedings and the
jiving of instructions to .officers of the City in connection with
:hose proceedings.
(c) Examination of a transcript of the proceedings as
Laken by the City.
(a) The issuance of an approving opinion on the legality
>f the proceedings to the purchaser of the bonds,
2. For the services described in this paragraph, the City
sgrees to pay Attorney a fee based upon the amount of the bond
issue, the fee to be determined as
$I - 9,999
10,000 - 19,999
20,000 - 29,999
30,000 - 39,999
40,000 - 49,999
50,000 - 300,000
Over 300,000
s.
follows:
$500.00
625.00
750.00
* 875-00
1,000.00
2% of contract
,6,000.00 plus 1%
of contract in
excess of 300,000
3, In addition to the foregoing, the City agrees to reimburs
the Attorney for any out-of-pocket expenses incurred by him in the
course of this employnent for long distance telephone calls'; tele-
grams, travel at the City's request, and similar items.
IF-
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4. Upon request of the Manager'or Engineer for the City, the
Attorney or a representative on its behalf will attend any City
meeting at which any action in the proceedings is to be taken.
For this purpose, the City Attorney may act as representative for
the Attorney.
proceedings, attended by the Attorney or representative on its be-
half shall be charged as an additional item of compensation to the
Assessment District at a cost of $50 per meeting. The services to
be rendered do not include any services in connection with the
acquisition, by contract or condemnation, of any easements or othe
property necessary for the proposed work or in connection with any
other 1 it iga t ion.
?' Any meetings ;of the City in connection with these
5. The City agrees to furnish to the Attorney such maps,
records, title searches and other documents and proceedings, or
certified copies thereof, as may be required by the Attorney in
the performance of his services.
6. This contract shall be binding upon and inure to the bene-
fit of said Attorney as its law practice is presently constituted
3r as changed hereafter by the admission of new partners, or by
the death or retirement of any partner, provided that the opinion
3f the successor firm upon municipal bonds, whether under the same
lame or otherwise, is accepted by bond dealers and bond buyers as
readily as the opinion of the firm as presently constituted.
CITY OF ChLSBAD
JTTEST :
ZA-
D. M. DUNNE, Mayor
.. . .- -. , . . ,. . . .
.
WOOLLEY, CRAKE, COLLINS & WARD n
.By:
Richard Crake
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