HomeMy WebLinkAbout72-109RESOLUTION NO. 72-109
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA, APPOINTING AND EMPLOY-
ING SPECIAL COUNSEL TO ASSIST IN THE PREPARATION
OF SPECIAL ASSESSMENT PROCEEDING FOR STREET
IMPROVEMENT WORK IN ASSESSMENT DISTRICT NO. 215
AND IN SAID CITY.
WHEREAS, the City Council of the City of Santa Aha, California, is
contemplating certain street improvement work in said City under the provisions
of the "Improvement Act of 1911", being Division 7 of the Streets and Highways
Code of the State of California in what is known as ASSESSMENT DISTRICT NO. 215,
and,
WHEREAS, special assessment proceedings are of a technical nature requiring
the services of special counsel specializing in said branch of the law; and
WHEREAS, F. MACKENZIE BROWN, Attorney at Law, duly authorized to practice
law in the State of California, is a person competent to advise the said City in
the preparation of the special assessment proceedings; and
WHEREAS, it is desirable that such qualified person check each step of the
proceedings and prepare the same for the benefit of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1, That F. MACKENZIE BROWN, be, and he is hereby appointed and
employed to prepare all notices and resolutions and to supervise the special
assessment proceedings for ASSESSMENT DISTRICT NO. 215, pursuant to provisions
of the "Improvement Act of 1911" being Division 7 of the Streets and Highways
Code of the State of California.
SECTION 2. That the compensation of said special counsel be and it is
hereby fixed at two percent (2%) of the cost of said improvements, less incidental
expenses with a minimum fee of $500.00 per proceeding. In case of proceedings
with an estimated construction cost in excess of $300,000, the compensation of
special counsel shall be two percent (2%) of the first $300,000 and one percent
(1%) on the balance over $300,000.~
SECTION 3- That said conrpensation shall be psyable as follows:
(a) One-half (1/2) at the time of signing the contract with the
contractor who may be awarded the improvement contract by this
body.
(b) The balance thereof at the time of recording the warrant, diagram
and assessment for said improvement.
SECTION 4. If said proceedings shall fail to be carried through to
completion, then said attorney shall be paid a reasonable compensation for the
services which he has performed.
SECTION 5. That said services shall include the furnishing of an opinion
as to the validity of the bonds, but shall not include the preparation of any
Report required by the "Special Assessment Investigation, Limitation and
Majority Protest Act of 1931", nor the preparation of any assessment or bonds,
nor include any services for litigation or services in the procurement of
easements or rights of way, but shall be for the preparation of all forms of
Resolutions, Notices and other papers and proceedings required by the provisions
of the "Improvement Act of 1911", in carrying through to completion the
proceedings for the work and improvement.
APPROVED and ADOPTED this
ATTEST:
CITY CLERK
16th day of October , 1972
MAYOR OF THE CITY OF SANTA ANA,
CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA, CALIF. )
I, FLORENCE I. MALONE, City Clerk of the City of Santa Ana, California,
DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 72-109,
was duly passed, approved smd adopted by said City Council, approved and signed
by the Mayor, and attested by the City Clerk, all at a regular meeting of said
City Council held on the 16th day of October 1972, and that the same was passed
and adopted by the following vote, to wit:
AYES:
NOTES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset
None
None
(SEAL)
APPROVED AS TO FORM:
CITY CLERK OF THE CITY OF
SANTA ANA, CALIFORNIA
CITY ATTORNEY
By: Charlss J. Liberto
Assistant City Atty.