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Home My WebLink AboutCC Reso No 1990-011RESOLUTION N0. 90_11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE EL5INORE, CALSFORNIA, MAKING APPOINTMENTS IN p SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF LAKE ELSINORE, CALIFORNIA, is conaidering the formation of a special asaessment district, pureuant to the terms and provieiona of the "Municipal Zmprovement Act of 1913", being Division 12 of the Streete and Highways Code of the State of California, for the conetruction of certain%pvblic worke of improvement, together with appur- tenances and appurtenant work, said apecial aesessment dietrict ~to be known and designa~ed as NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to ae the "Aaseeement District•'); and, WHEREAS, at this time, this legislative body ie deairous of making the required appointments and designating persons to perform certain duties, in order to allow the proceedinqs to go forward to completion in accordance with the proviaions of law. NOW~ THEREFOAE, BE IT R$S~LVISD A$ F~~~~w~' 1. That the above recitale are all true and correct. y. That the DIRECTOR OF PUBLIC SERVICES is hereby appointed to perform all of the dutiea and functions of the Superintendent of Streets as said dvties are specified and deeignated in the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the above-referenced Assessment District. 3. That the place for recordation of the assesement roll and diagram , ehall be in the Office of the Superintendent of Streeta, and said assessment roll and diagram, upon recordation, ehall'be kept as a permanent record. ~~ °' 4. That the SUN TRIBUNE ia hereby designated as the newspaper for all publicatione as required by law and as neceasary for completion of this Assessment District. 5. That NBS/LOWRY is hereby appointed the Assessment Engineer for said proceedings, and said Aseesement Engineer ehall perform all of the dutiee and reaponeibilities as set forth by law as they relate to said Assesement District. ~ 6. That BROWN & DIVEN and HARPER & BURNS, Attorneys at Law, are Hereby appointed to act as Bond Couneel for the purposes of prepar- ,~~ ing proceedinga and issuing an approving opinion attesting to the validity of the proceedings and the enforceability of the bonds, pursuant to the terma and conditions of the Special Counael Agree- ment submitted herewith, which Agreement is hereby accepted and approved for execution. 7. That this legislative body hereby establishes a apecial IMPROVE- MENT FUND designated by the name and number of the Assesement District, and into said fund shall be placed all proceeds from the sale of bonds and cash collections. In order to expedite the improvements or acquisition under these proceedings and as autho- rized by law, funds from any available source may be transferred into said special fund. Any funds transferred are a loan to the fund and shall be repaid out of the proceeds of the sale of bonds, including authorized incidental expenses, as well as costs for the constrvction of the authorized public improvements, all as required and authorized by law, and specifically Section 10210 of the 5treeta and Highwaye Code of the State of California. PASSED, APPROVED AND ADOPTED this 13th day of P4arch, 1990, upon the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEM6ERS; NONE AQSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WASH6URN AT EST: ~ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: \ ~~~1 ~ _ >~ _1~~--, f JOHN R. HARPER ~ CITY ATTORNEY ~- ~CITY OF LAKE ELSINOR~ CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, VICKI LYNNE KASAD, CITY CLERK of the CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. q~_11 , was duly passed, approved and adopted by the City Council, approved and aigned by the Mayor, and attested by the City Clerk, all at the reaular meeting of eaid City Council held on the 13t.h day of MdrCh , 1990, and that the eame was passed and adopted by the following vote: AYES: COVNCIL MEMBERS: BUCK, DOMIPd~UEZ, STARKEY,.WINKCER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: ~WASHBURN EXECUTED this,la~h day of ~„~~_. 1990, at Lake ~leinore, California. ~ CITY CLERK V CITY OF LAKE ELSINORE STATE OF CALIFORNIA [SEALJ SPfiCIAL COUNSEL AGREEMENT THIS AGREEMENT is made and entered into this 1~th day of Mar~h ~ . 1990, by and between the CITY OF LAKE ELSINORE, CALIEORNIA, a public corporation (hereinafter referred to ae "City"), and BROWN & DIVEN and HARPER & BURNS, (herein- after collectively referred to ae "Counsel"). NOW, THEREFORE, IT IS HEREBY AGREED by and between the partiea hereto as followe: SECTION 1. That Counael ehall perform legal aervicee in connection with the propoaed aseesement proceedinge and bond issuance in the matter of a propoaed epecial aaaeaement district known and designated ae NORTHWEST ~ . SEWER ASSESSMENT DISTRICT NO. 86-1, (hereinafter referred to as the "Assessment Diatrict") under proceedinga conducted pureuant to the provisions oE the "Municipal improvement Act of 1913", being Division 12 of the Streeta and Highwaye Code of the State of California. Said servicea ahall include: A.' Review of the dedication and acquiaition of the etreets and ease- menta and other property in which work ie propoaed to be performed; B. Examination of the plane and epecificatione for the propoaed work, the boundary map and aseeaement diagram of the Aseesament District, the aseesement roll and bonde, and the giving of instructione and advice in connection with the foregoing; C. Recommendationa ae to procedure, schedulea and actiona that ahould be conducted and taken; D. Preparation of all reaolutions, notices, contracts, bond forme, and other papere and documente required in the proceedinge; E. Examination of the proceedinge, etep by step, ae taken; F. Appear at all hearinqs under the proceedinge, and attend any meeting where attendance ia requeated; G. Make recommendationa ae to eale of bonde, if deaired;'~ H. Perform legal aervicee, if required, pursuant to the provieiona of the "Special Assesement Znvestigation, Limitation and Majority Protest Act of 1931", being Diviaion 4 of the Streets and Highways Code of the State of California; I. Isauance of an approving legal opinion attesting to the validity of ' the proceedinga and the issuance of the bonds. Such legal services shall not include any services in connection with the acquisition, by easement or condemnation, of any easementa or other intereat in real property necessary for the proposed improvements. These services can be provided by Counsel, by separate agreement, if desired. SECTION 2. That the City ahall perform as follows: A. Furnieh to Counsel euch mape, recorda, title searches, and other documente and proceedinge, or certified copies thereof, as are available and may be reasonably required by Couneel in the performance of the servicee hereunder; B. Pay to Counael a fee computed on the confirmed asaesament as followa: ONE PERCENT (1B) of the firet S2r000,000; ONE-HALF PERCENT (.50~) from $2,000,001 to $5,000,000; ONE-QUARTER PERCENT .258) on the balance thereof. If temporary bond anticipation notea are iaeued, the fee shall be twenty-five percent (258) of the fee as above eet forth, but not leas than $2,500.00, unless a different fee has been mutually agreed upon between the partiea. C. ~Payment of either of the above-referenced fees ehall be as follows: All due and payable upon receipt ot money from the sale and delivery of bonda and/or notes to the aucceseful underwriter. SECTION 3. In the event the proceedinge are terminated or abandoned prior to comple- tion, Counsel ehall be paid a reaeonable fee for servicee rendered to date based on an hourly rate of 5135.00 per hour, not to exceed $5,000. SECTION 4. Thie Agreement contemplates that Counsel shall pay all ordinary out-of- pocket expeneee incurred, including travel, telephone and copy, and the only expensee to be billed to City would be extraordinary meseenger and/or overnight mail delivery services. SECTSON 5. That this Agreement may be terminated by either party hereto by mailing written notice thereof to the other party. IN WITNESS WHEREOF, the partiee hereto have cauaed thie Agreement to be executed on the day and year firet hereinabove written. .. "CITY" ~ ~ CZTY OF_LAKE ELSIN RE CITY CLERK CITY OF LAXE E'~.SINORE STATE OF CALIFORNIA MAYOR' - CITY OF LAKE ELSINORE STATE OF CALIFORNIA "WUNSEL" BROWN & VEN By: F. MACKENZIE BROWN ~ HARPE , ~BURN,b'~ ~V l ~ Hy. ~ JOHN HARPER