Faith, Ledyard, Nickel & Shelsky, PLC


Total Votes: 108  
Interest: 24660

(623)932-0430
919 N Dysart Road, Suite F
Avondale, Arizona 85323

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Government Law


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Government Law
A. General.
Faith, Ledyard, Nickel and Shelsky, PLC has extensive
experience in governmental law representing private clients before
governmental entities, and representing governmental entities. Our
firm is currently general counsel for the Town of Guadalupe and has
previously represented the cities of Avondale, Buckeye, Goodyear,
Surprise, Tolleson, Cave Creek, and Youngtown on general and special
matters.
The firm is experienced in all phases of governmental legal
services including property acquisition by purchase and
condemnation, contracts and contract negotiations, and employee
wrongful discharge cases.
The firm's experience includes defense of governmental entities
from various tort claims, including wrongful discharge, inverse
condemnation, slip and fall, breach of contract and construction
contracts.
Members of the firm are available on short notice to respond to
requests for advice and attend meetings anywhere in the United
States.
 
B. Areas of Experience.
Although not exhaustive, the following lists some areas of
experience of Faith, Ledyard & Nickel, PLC:
Land Acquisition & Disposal - acquisition of land
under threats of condemnation and by condemnation for public
purposes (including governmental buildings, airport extensions,
rights-of-way, utility plants and utility lines), lease of
governmental facilities, Intergovernmental Agreement for
creation of city/county joint use governmental facility.
 
Airport - master leases, subleases, land acquisition,
grants, construction contracts, consultant contracts.
 
Prosecution - currently prosecuting in four
magistrate courts.
 
Landfills - regulation, closing, inverse condemnation
defense, negotiations and contracts for public/private ownership
and operation.
 
Personnel - discipline and dismissal of vested and
at-will employees, personnel hearings, defense of wrongful
termination litigation, drafting of completely revised personnel
manual, drafting of employment contracts, discrimination
complaints.
 
Intergovernmental Agreements - negotiation and
drafting of intergovernmental agreements between state, county
and municipal entities on variety of subjects.
 
Open Meeting Law & Executive Sessions - extensive
knowledge of statutory requirements for public meetings
compliance.
 
Subdivisions - review and advise municipalities on
all issues, including amendments, stipulations, preliminary and
final plat approval.
 
Insurance - review requests for proposals and
responses, submit claims, negotiate coverage issues.
 
Slum Clearance & Redevelopment - pursuant to A.R.S.
36-1471, et. seq., including land acquisition and negotiations
of redevelopment projects.
 
Water Companies - acquisition by purchase financed by
Special Improvement Districts and by donations of private water
companies.
 
Contracts - negotiate and draft hundreds of contracts
between governmental entities and the private sector for
numerous activities including purchasing of land, goods and
services.
 
Zoning - drafting and review of zoning code
amendments and complete revisions to zoning codes. Currently
represent three Planning and Zoning Commissions and Boards of
Adjustment providing legal services on issues before them,
including zoning, special use permits, non-conforming uses,
variances, overlay zoning districts, planned area developments
and specific plan developments.
 
Utilities - negotiations and contract drafting and
review with gas, water, electric, garbage, phone and cable
companies.
 
Grants - review and approval of various federal,
state and county grants for public works projects.
 
Mutual Aid Agreements - for fire and police
protection.
 
Annexations - including the largest annexation in the
State of Arizona (83.5 square miles) known as Sun Valley.
Negotiations and drafting of annexation and development
agreements, state and federal submittals regarding annexations,
including under the federal Voting Rights Act.
 
Laws - drafting of ordinances and resolutions for
adoption, attorney opinions on interpretation and
constitutionality, and effect of Arizona laws and case law.
 
Waste - landfills (siting closing, zoning and
regulation) of waste disposal industries.
 
Financing - bonds and special improvement districts -
general counsel for governmental entities retaining and
reviewing services provided by outside bonding attorneys.
 
Forfeitures - forfeiture of property through Superior
Court litigation of assets seized in drug arrests.
 
Golf Course - feasibility and site selection of
public golf course.
 
Industrial Development Authority - general counsel to
Industrial Development Authorities.
 
Wastewater Plants - land acquisition for sewer plant
sites and sewer lines for construction of wastewater treatment
facilities and sewer lines, bid protests, EPA violations,
drafting of sewer use ordinances, private operator contracts,
acquisition of private sewer plants.
 
Water Issues - establishment of water service areas,
lease of water rights, acquisition of private water companies,
water quality problems, Dept. of Water Resources complaints
regarding exceeding maximum per capita per day water usage,
annexation and development contracts regarding construction of
public water systems by private developers, intergovernmental
agreement for service of water, advance-in-aid of construction
contracts.
 
Roadways - acquisition by condemnation and purchase,
acceptance of donations and abandonment of unnecessary roads.
Litigated constitutionality in Arizona Supreme Court of A.R.S.
28-1861 which declares certain rights-of-way to be public roads.
Paving, grading and maintenance contracts.
 
Auditors - drafting of requests for proposals of
independent auditors for yearly audits of governmental
bookkeeping, review of proposals, drafting of contracts for
services.
 
Sales Tax - review and recommendation regarding Model
City Sales Tax Code promulgated by the Arizona League of Cities
and Towns, amendments to code, draft requests for proposals for
sales tax auditor and resultant contracts, draft and record
sales tax liens.
 
Councils and Boards - Our firm currently acts as
general counsel to three city councils, their planning and
zoning commissions, and three boards of adjustment and numerous
other boards and commissions established by governmental
entities, including contract negotiations and drafting, drafting
of zoning laws, legal advice, written legal opinions and advice
and services regarding pending and contemplated litigation and
other matters. Directly responsible for advising city and town
managers on legal issues.
 
Litigation - IDA bond default, wrongful terminations,
condemnation, inverse condemnation, constitutionality of state
laws, bankruptcy, foreclosures, contract disputes, defective
construction, real property title defects, collection of
accounts, forcible detainers, adverse possession, and
repossessions.
 
2001 Faith, Ledyard, Nickel and Shelsky, PLC. All brand
and product names are the trademarks or registered trademarks of
their respective holders. All rights reserved.

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