HomeMy WebLinkAboutRES 1974-11 - Board •
j
RESOLUTION NO.
BOND COUNSEL AND
APPOINTING SPECIAL r T
RESOLU`rlaN. EXECUTION OF AGREE.'iEN
AUTHORIZING
ctors of the Truckee-
the Board of Dire •
BE IT RESaLVED by ,
{ California• that
. :trio, Nevada County•
r public Utility Di* land
Donne Oak
SON Attorneys at Law,
_ DOUGLASS & ANDER •
STURGI S• DEN DLJLK, - Bond
b appointed as Special
nd they are here y.
California,ia bet ceedings in West
• assessment district pro
Counsel to
conduct special
ner Public Utility
Street Assessment D
is tr ict, Truckee_Don
River
California; an
' strict, Nevada County,
e said
Di ent Of th
SOLVED that the e'np oY�m
BE IT FURTHER RES
LASS & ANDERSON shall be as provided in
STURGI
S • DEN-DULK, DOUG
d agreement; and .
the attache g of the Board of
that the President
T FURTHER RF50LVED
BE I authorized
tilit District be
. tors of the Truckee
-Donner Public U Y
Direr test• that certain
he Clerk tk�ereOf
be authorized to at
to sign• and t
_ DOUGLASS & ANDE RSON
'd STURGI S• DEN DL3LK if�. mploy�.n9 the said
agreement e
1 to do and perform the Services therein
as Special Band Counsel
the compensation therein in provided for *
Set forth and upon
{�C
F
l
i
. Board of Directors
lar meeting of the and held
adopted at a reg utility ' strict duly called
Pas sed and P public Uti11tY D1 b the following
Truckee-Donner Of August, 197 4� Y
o� the on the 20th day
in said District ;,.
roll call vote: ,
AYES : 4
K C)om
NOES: rr
f
r
ABSENT
,EE.-DpNN PUBLIC UTILITY DISTRICT
T RUCK
By dent or the Board
Roy waters , esl
ATTEST:
C rk Thereon
�C
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A G R E E M OMMMW E N
• is 20th day of
THI MMM
S AGREEMENT, made and entered Into this
etwe en the TRUCKEE
DONNER PUBLIC UTILITY
t 1974 , by and b inaf ter
Augu s , here
• State . of California,
• corporation of . the
DISTRICT, a public copSON
D
_ LK DOU GLASS & �DE R
and STURGIS , DEN DU
caned First Party. a called Second
. cis 1 Bond Counsel ,
hereinafter call
Attorneys at Law, Spe
Party;
W I T N E 5 S E T H.
• the mutual covenants
• cans ideration of
That f°r and in
• the par ties hereto agree as follows:
and agreements herein contained
s for the
st Party. proposes t
o initiate proceeding
1. Fir
• r Street Assessment
acquisitions in West Rive
irn royements and acq County,
P Nevada
•� Truckee-Donner public Utility Di trio,
District,
California. Special
Ploys P
•First Party hereby emps Second Party as Y
2. Flr -
Second. Party hereby agree I s to accept said employment
Bond Counsel and include
by I
• Said services shall 1
•n said proceedings * S
First Party
the following
. tio�ns and advice as are
rel im .nary consul Such P officials , or First
a' sar with First Party rised of First
necessary and groups not comp
Party officials the best proceedings
P y to determine
Party of f is is 1 s � ct is to be formed
to be
taken and what district
roceeding s from the
c f any and all p din s by
b. Preparation nt of formal procee g
time of commenCeme governing body of
or action of the, g o f the Pra~
petition
through to consummation nt bonds
First Party o f the special assessme
seeding s and sale ection with said
•
which may be issued in conn
proceedings;
• of all stages of the pr
o7
Cornp fete supervision z s ion
c.
p
at such ublic and Prl-
ce
eding s and attendance to carry the
as are necessary
vato meetingso completion;
project` t thr oug t P
°y
_l-
a:
i
rE lr�
,i
r _.
for consulta-
is to be available d or
Second Party is groups an
d. Sec Party
• First °f f is la ngultation with
tlon by • ation and Co
individuals -f or inform •n s by telephone or
• to such proCeedl g
relation c
otherwise if it can be arranged:
shall be included
agrees ee s that there be aid
e, Second Party g fee prow ided to P
• }1e amount of the purchasers of bonds
in t purchaser or
.opinion to the the roCeedings.
be issued in P
which may de out in does not include
provided for here •
3, The fee P commun i ca-
for transportation•
s of Second Party •
o f_pocket expenseServices in con-
ex ensesr or for any
• her out-of-pocket P
tion or of
necti on with litigation•
• ompensation for the
sha 11 receive as e
4. Second Party : cent
• the sum °f three per
d to be provided
services herein agree to include
s ,� Cost" is defined• costs • Project
$ of the project 3 } • 1 it deposits and con-
.. ' sition costs, utility
costs r acqu
construction � Re o r t and E st i-
on the•
e final Engineers P
tangency funds as shown in the proceed_
. - p and on file
approved by First Party mate of Cost PP district.
t "Project
• o f the asse
i ssment
ime o f con f�zrmatlon
ngs at the
I
Cost
il shall not include:,
Incidental ex(a)
penseS'
an bond discount
The amount of �'
fib} • compensation be less than $1, 500 .Oo.
In no
event shall sa�-d
ble fro
m the proceeds of
compensation shall be paya
Said ur es en-
• based upon the f lg
d in said proceedings
assessments levied 1 ef money from
d shall 11 be payable up
on receipt o
umerated aboVe an
sments levied.
the proceeds of asses lode any
. provided for shall not inc
The fee her e�n prow -
5• proceed
. of rights-of-way or
Services in connec
tion with acquisition
• ered by Second Party
• An services rend
• eminent domain. Y
ing s in ,d for rights
-o f-way or
ac u i s it ion of land
,.. onnection with the q
�.n c •n connection with
including all costs i
• nt domain proceedings
ern l n e
Y
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A
Y
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Y
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r.:
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l;
• to fees herein
aid for in addition
• si.ti.ons, shall be F y,
such acqui
. manner as other fees.
be payable In the same
• for, and Shall 11 P Y
provided inter
b, est, either
Second Party cer
of ies that it has no
r involved in the pro-
direct
or indirect, in any property or matte
' contract other er than the fees herein
ce
ed ing s referred to in this
• d and for the purposes
herein specified.
Spec if le resents
• Party further certifies
that it rep
Said Second _
' es o f said proposed assess
no property °miner
within the boundaries
directly, other than
. ment district for any P -ur�ose, directly or In he terms
'n accordance with t
• ered as Second Party► 1
the serviCes rend
of
this contractle
• are not carr1ed through
vent said proceeds-ngs
7. In the a all receive
ncluson� or shall be abandoned, the
n Second Party sh
to co �-
nothing* the parties hereto have ave hereunto sub-
IN IN WITNESS WHEREOF , p .
t o f the Board °f
• art by the- Presiders
heir Warne s, F zr s t P Y
Scribed t District, attested
-Donner Public Utility
•
Directors . of said Truckee
this agreement first
b its Clerk thereof the day and year in
Y
s itten.
above wr UTILITY DISTRICTr
TR
UCKF.-DO"NER PUBLIC
a public cor oration
r
i'
BY • Pr o
n the B ar
1 t
oy Wate
ATTEST:
"FIRST PARTY"
Thereof N
k ! DOUGLASS & AN
,
STURCI �tJEN-DUCK,
eci Bond Counsel
BY
SECOND PARTY
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