HomeMy WebLinkAboutItem 4.4 Dublin Blvd Extension Assessment CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 12, 1991
SUBJECT: Agreement with Sturgis, Ness, Brunsell, & Sperry for
Legal Services - Dublin Boulevard Extension Assessment
District 91-1
Report by Public Works Director Lee Thompson
EXHIBITS ATTACHED: 1) Resolution
2) Proposed Agreement
3) Map of proposed parcels to be included in the
District
4) Map of improvements to be constructed
RECOMMENDATION: `' ' Adopt resolution approving agreement with Sturgis,
Ness, Brunsell, & Sperry for legal services
FINANCIAL STATEMENT: The cost of the legal fees incurred is 1% of the total
assessment and is proposed to be paid by the
assessment district. This fee is estimated to be
between $15,000 and $29,000 depending upon whether the
frontage owners want to be paid for their land or
dedicate it.
DESCRIPTION: The property owner and developer of the proposed Tract
5900, which includes existing Tract 4978 and neighboring parcels, is proposing to
petition for formation of an assessment district to fund construction of the Dublin
Boulevard Extension and associated improvements. The City's portion of the
Extension is proposed to be included in the assessment district for the purpose of
assigning costs to those remainder parcels, which are to be resold, and to parcels
that will benefit from the improvements.
Staff is proposing to retain the firm of Sturgis, Ness, Brunsell, and Sperry, which
specializes in assessment district law, as legal counsel for purposes of forming the
assessment district. This firm performed some consulting work on the Dublin
Boulevard Extension project for the City a few years ago when the entire street was
proposed to be constructed and included in a much larger assessment district. This
would be an improvement bond district similar to the San Ramon Road Specific Plan
Assessment District (84-1) .
The contract provides that Sturgis, Ness, Brunsell, and Sperry will not be paid
unless the assessment district is formed and funded.
Staff recommends that the City Council adopt the resolution approving the agreement
with Sturgis, Ness, Brunsell, and Sperry.
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CITY CLERK
---------------------------------------------------------- -R LE-�
ITEM NO. COPIES TO: John Moore; Bob Brunsell
A•
RESOLUTION NO. -91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH STURGIS, NESS, BRUNSELL, AND SPERRY
FOR LEGAL SERVICES - DUBLIN BOULEVARD EXTENSION
ASSESSMENT DISTRICT 91-1
WHEREAS, the City of Dublin proposes to form an assessment district for
purposes of constructing the Dublin Boulevard Extension and related improvements;
and
WHEREAS, specialized legal counsel is necessary to ensure that proper
procedures are followed; and
WHEREAS, the firm of Sturgis, Ness, Brunsell, and Sperry specializes in
assessment district formation;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin hereby approves the agreement with Sturgis, Ness, Brunsell, and Sperry;
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the
agreement.
PASSED, APPROVED AND ADOPTED this 12th day of November, 1991.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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AGREEMENT FOR LEGAL SERVICES
DUBLIN BOULEVARD EXTENSION ASSESSMENT DISTRICT
CITY OF DUBLIN
This is an agreement for legal services between the CITY
OF DUBLIN, a municipal corporation of the State of California,
referred to as Client, and STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation, Attorneys at Law, Emeryville, California,
referred to as Bond Counsel.
1. Client retains Bond Counsel as special counsel to
perform the following legal services relating to Dublin Boulevard
Extension Assessment District, City of Dublin, County of Alameda,
State of California.
(a) Preparation of all forms of resolutions,
notices, affidavits, and other documents
required by the Municipal Improvement Act of
1913 , including the legal format of the
engineer' s report required by Section 10204 .
(b) The preparation of written instructions to
Client' s Clerk and other staff members
concerning the performance of legally required
duties.
(c) Review of documents prepared by Client' s
engineering staff or consulting engineers,
including boundary map, assessment diagram,
assessment roll, and the general provisions of
construction specifications.
(d) Attendance at the public hearing on the
engineer' s report (including continuances of
the hearing, if any) .
(e) Attendance at all other public meetings of
Client at which matters relating to the
assessment district are considered, except
routine matters.
(f) Attendance at staff meetings or meetings of
property owners, upon the request of the
Client, after reasonable notice.
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(g) Telephone consultation with staff members and
property owners to answer legal questions about
the assessment proceedings.
(h) Preparation of the notice inviting bids and
construction contract, if required, and review
of contract bonds and insurance documents.
(i) Arrangements for the printing of improvement
bonds to represent unpaid assessments,
including, if required, the printing of a bond
register and assessment installment notices.
(j) The preparation of a record of assessment
installments for the use of the County Auditor,
if required.
(k) Arrangements for the sale of improvement bonds
either by negotiation or by public bid, at the
option of Client, including a review of
financial disclosure requirements and, if
required, the preparation of the notice
inviting bond bids.
(1) The preparation of bond delivery documents.
(m) The rendition of a legal opinion on the
validity of the improvement bonds and the
proceedings leading to their issuance.
(n) Preparation of a transcript of the legal proceedings
in loose-leaf form for the use of the Client.
(o) Preparation of the required reports to the
California Debt Advisory Commission (pursuant
to Section 8855 et seq. of the Government Code)
and to the Internal Revenue Service (pursuant
to Section 149 of the Internal Revenue Code of
1986) .
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2 . The services of Bond Counsel under this agreement shall
not include the following:
(a) Legal services in connection with the
acquisition of interests in real property,
either through negotiation or through exercise
of the power of eminent domain.
(b) Legal services in connection with litigation.
The performance -by Bond Counsel of services
2
excluded by this paragraph, if required by
Client, shall be under separate oral or written
agreement.
3 . In consideration of the services set forth in
paragraph 1, Client shall pay to Bond Counsel the following fee and
costs:
(a) The legal fee of Bond Counsel shall be a scaled
percentage of the amount assessed as set forth
in the engineer' s report as finally approved
under Section 10312 of the Streets and Highways
Code.
(b) The legal fee shall be an amount equal to one
percent (1%) of that portion of the amount
assessed not exceeding $10 million, plus
one-half of one percent (1/2%) of that portion
assessed exceeding $10 million, but not
exceeding $20 million, plus one-fourth of one
percent (1/4%) of all amounts assessed
exceeding $20 million. The fee shall be not
less than $15, 000.
(c) In addition to the legal fee specified in paragraph (b)
above, if bonds representing unpaid assessments are
issued in more than one issue, the legal fee shall
include $5, 000 for each issue after the first.
(d) Costs shall be reimbursed to Bond Counsel as
follows:
1) Filing and recording fees and publication costs
advanced on behalf of Client
2) The cost of preparing auditor' s
record, if required: 7 cents per
assessment for each year of the bond
issue, with a minimum of $30. 00.
3) Costs of Federal Express or similar
delivery service.
4) Cost of preparation of notices to
property owners.
The cost of other services for which Bond Counsel
makes arrangements under this agreement (such as
bond printing costs) shall be billed to the Client
and shall be paid by Client directly to the payee.
3
(e) Payment by Client of the legal fee is
contingent upon the levy of assessments and the
sale and delivery of improvement bonds
representing unpaid assessments in the
assessment district. If for any reason,
assessments are not confirmed and bonds
delivered, Bond Counsel shall be paid no legal
fee.
(f) Both the legal fee and costs are payable upon delivery of
the bonds. If bonds are issued in more than one issue,
the cumulative amount payable after each delivery shall
be calculated under subparagraph (b) by reducing the
amount of the assessment by the par value of bonds
authorized but not issued; the amount payable after each
delivery shall be the cumulative amount payable less
amounts previously paid.
4 . Bond Counsel certifies that it has no interest, either
direct or contingent, in any property or contract arising from or
affected by the assessment district, except as Bond Counsel under
this agreement. Bond Counsel does not represent any owner of
property within the proposed boundaries of this assessment
district, and has not received a fee from any source for services
connected with the project.
DATED:
CITY OF DUBLIN, a municipal corporation
of the State of California
By
ATTEST:
By
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
By
Da Kiel C. Bort
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