HomeMy WebLinkAboutResolution No. 1980-52 MICROFILMED 1-18-83
RESOLUTION NO. 80-52
t A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL,
FLORIDA TO ENTER INTO A LEGAL SERVICES AGREEMENT
WITH CITY ATTORNEY TO PERFORM ALL LEGAL SERVICES
NECESSARYFOR THE ORGANIZATION, FINANCING, CONSTRUCTION
AND INITIAL OPERATION OF WASTEWATER TREATMENT PLANT
EXPANSION AND MODIFICATION; PROVIDING AN EFFECTIVE DATE
BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida as follows :
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SECTION 1 . The Mayor and City Clerk are hereby
authorized to execute an agreement with City Attorney Richard
F. Scott for legal services , a copy of said agreement is
attached hereto and made part hereof by reference . ,.
SECTION 2. This resolution shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral ,
Florida, this 2nd day of December , 1980.
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UNITED STATES DEPARTMENT OF AGRICULTURE
Farmers Home Administration
LEGAL SERVICES AGREEMENT
THIS AGREEMENT made this 24th day of November, 1980 between
the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter referred to as "Owners",
and RICHARD F. SCOTT, attorney at law, hereinafter referred to as
"Attorney":
WHEREAS, Owners are intending to construct, maintain and operate
a wastewater treatment plant expansion and modification in Brevard County,
Florida; and
WHEREAS, the attorney agrees to perform all legal services necessary
for said construction, maintenance and operation under the provisions
the city ordinances and state statutes and to perform all other customary
legal services necessary to the organization, financing, construction, and
initial . operation of said wastewater system;
WITNESSETH:
That for and in consideration of the mutual covenants and promises between
the parties hereto, it is hereby agreed:
SECTION A - LEGAL SERVICES
That the Attorney will perform such services as are necessary to accomplish
the above recited objective including, but not limited to,the following:
1 . Preparation, supervision and assistance asmay be necessary .
or incidental to authorize the Owners to undertake the
proposed system.
2. Furnish advise and assistance to the governing body
of the Owner in connection with (a) the notice for and
conduct of meetings ; (b) the preparation of minutes of
meetings ; (c)the preparation and enactment of such resolutions
as may be necessary in connection with the authorization .
M ICROFI LMED 1-1$=8 ,
financing, construction, and initial operation of the
system; (d) the preparation of such affidavits, publi-
cation notices, ballots, reports, certifications, and
other instruments and advice as may be needed to conduct
of such bond elections as may be necessary; (e) the
preparation and completion of such bonds or other
obligations as may be necessary to finance the system;
(f) the completion and execution of documents for
obtaining a loan made or insured or a grant made by the
United States of America, acting through the Farmers
Home Administration; U. S. Department of Agriculture;
(g) entering into construction contracts ; (h) prepara-
tion and adoption of By-Laws, Rules and Regulations
and rate schedules ; (i ) such other corporate action as
may be necessary in connection with the financing,
construction, and initial ,operation of the system.
3. Review of construction contracts, bid-letting procedure,
and surety and contractual bonds in connection therewith.
4. Preparation, negotiation, or review of contract with a city or
other source of water supply when necessary.
5. Preparation, where necessary, and review of deeds, easements
and other rights-of-way documents, and other instruments for
sites for source of water supply, pumping stations, treatment
plants, and other facilities necessary to the system and to
provide continuous rights-of-way therefor; rendering title
opinions with reference thereto; and providing for the recor-
dation thereof.
6. Obtain necessary permits and certificates from county and
municipal bodies, from State regulatory agencies, and from
other public or private sources with respect to the approval.
of the system, the construction and operation thereof,
pipeline crossings, and the like.
7. Cooperate with the engineer employed by Owners in connection.
with preparation of tract sheets, easements, and other necessary
title documents, construction contracts, water supply contracts,
health permits, crossing permits, and other instruments.
8. When applicable, secure assistance of and cooperate with
recognized bond counsel in the preparation of the documents
necessary for the financing aspects of the system. The attorney
shall pay all bond counsel in perfecting the financing aspects,
e.g. , assessment procedures and completion of documents. Where
bond counsel is retained, the attorney will not be responsible
for the preparation and approval of those documents pertaining .
to the issuance of the Owner 's obligations.
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SECTION B - COMPENSATION
1 . Owners will payto the Attorney for professional services
rendered in accordance herewith, fees as follows : Thirty
Five ($35.00) Dollars per hour plus out of pocket expenses.
2. Said fees and costs to be payable in the following manner and at
the following times : Payable to Attorney within thirty days of
being billed for same.
SECTION C - OTHER PROVISION
1 . Shoud Owner fail or refuse to adopt and ratify this Agreement
by appropriate resolution within thirty days from the date of the
commencement of its legal existence, this Agreement shall terminate
and Owners shall be liable to the Attorney for payment of $500.00
which sum represents payment in full for the organization and
for all other legal services rendered to Owners under the terms of
this Agreement to the date of said termination.
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RICHARD F. SCOTT, City'Attorney
CITY OF CAPE CANAVERAL: (Owners)
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Attest :
'.City. Clerk
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