HomeMy WebLinkAbout1972-09-29; City Council; Resolution 2090.-.
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RESOLUTION NO. 2090
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD APPOINTING PERSON TO
PREPARE ALL PROCEEDINGS
CANNON ROAD IMPROVEMENT DISTRICT 1-1970
The City Council of the City of Carlsbad resolves as follows:
1. Woolley, Crake, Collins & Ward, attorneys at law, are
rppointed as attorneys to prepare all resolutions, notices and
jther papers and proceedings for any work and improvements that
lay be authorized by the City Council for the proposed improvement
-n the above described assessment district.
2. The Mayor is authorized and directed to execute on behalf
If the City the agreement between the City of Carlsbad and Woolley
:rake, Collins & Ward to perform the services called for in that
igreement, a copy of which is attached and made a part of this
resolution.
3. The City Clerk is directed to provide Woolley, Crake,
:ollins & Ward with an executed copy of the agreement.
PASSED, APPROVED AND ADOPTED by the City Council of the City
if Carlsbad at a special- meeting held September 29, I 1972, by
the following vote:
AYES: Cmn. McComas, Lewis, Frazee and Chase.
NOES : None
ABSENT: Cmn. Dunne.
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4TTEST : n
4ARGA($ET E. ADAMS
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SPECIAL COUNSEL AGREEMENT
THIS AGREEMENT is made April 4 , 1972, between the City of
Carlsbad ("City") and Woolley, Crake, Collins & Ward ("Attorney").
THE PARTIES AGREE:
1. In reference to proceedings for the creation of an assess
ment district under the provisions of the Improvement Act of 1911,
the District to be named "Cannon Road Assessment District 1-1970",
City employs the Attorney to furnish, and the Attorney agrees to
furnish, the following legal services:
(a) The drafting of all Resolutions, Notices and other
documents required in the formation of the Assessment District and
for the issuance and sale of bonds.
(b) The general supervision of the prbceedings and the
giving of instructions to officers of the City in connection with
those proceedings.
(c) Examination of a transcript of the proceedings as
taken by the City.
(d) 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
2grees to pay Attorney a fee based upon the amount of the bond
issue, the fee to be determined as follows:
$1 - 9,999 $500 -00
10,000 - 19,999 625 -00
20,000 - 29,999 750.00
30,000 - 39,999 875.00
50,000 - 300,000 . 2% of contract
Over 300,000 6,000,OO plus 1%
40,000 - 49,999 1,000 -00
of contract in
excess of 300,000
3. In addition to the foregoing, the City agrees to reimburse
:he Attorney for any out-of-pocket expenses incurred by him in the
:ourse of this employment for long distance telephone calls, tele-
'rams, travel at the City's request, and similar items,
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4. Upon request of the Manager'or Engineer for the City, the
ittorney or a representative on its behalf will attend any City
leeting at which any action in the proceedings is to be taken.
?or this purpose, the City Attorney may act as representative for
:he Attorney.
zoceedings, attended by the Attorney or representative on its be-
ialf shall be charged as an additional item of compensation to the
Assessment District at a cost of $50 per meeting. The services to
?* Any meetings af the City in connection with these
)e rendered do not include any services in connection with the
xquisition, by contract or condemnation, of any easements or othei
n-operty necessary for the proposed work or in connection with any
ther litigation .
5. The City agrees to furnish to the Attorney such maps,
records, title searches and other documents and proceedings, or
zertified 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 con'stituted
33: as changed hereafter by the admission of new partners, or by
the death or retirement of any partner, provided that the opinion
Df the successor firm upon municipal bonds, whether under the same
name or otherwise, is accepted by bond dealers and bond buyers as
readily as the opinion of the firm as presently constituted.
CITY OF CARLSBAD
ATTEST :
D. M. DUNNE, Mayor
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WOOLLEY, CRAKE, COLLINS & WARD n
3y:
Richard Crake
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