HomeMy WebLinkAbout74-090RESOLUTION NO. 74-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA EF~LOYING SPECIAL COUNSEL TO ASSIST IN
THE PREPARATION OF SPECIAL ASSESSMENT PROCEEDINGS
ASSESSMENT DISTRICT NO. 237
(SANITARY SEWERS )
WHEREAS, the City Council of the City of Santa Ana,
California, is contemplating certain public 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;. 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,
CALIFOP~NIA, 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 covering
"1911 Act" proceedings in said City.
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 compen-
sation of special counsel shall be two percent (2%) of the
first $300,000 and one percent (1%) over $300,000.
SECTION 3. That said compensation shall be payable as
follows:
(a)
one-half (1/2) at the time of signing the contract
with the contractor who may be awarded the improve-
ment contract by this body.
The balance thereof at the time of recording the
warrant, diagram and assessment for said improve-
ment.
RESOLUTION NO. 74-90
PAGE TWO
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 per-
formed.
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 Resolution,
Notices and other papers and proceedings required by the
provisions of the "Improvement Act of 1911," in carrying
through the proceedings for the work excluding printing,
publication or mailing and posting costs.
PASSED AND ADOPTED by the City Council of the City
of Santa Ana at its regular meeting held on the 17th
day of June , 1974.
ATTEST:
~LERK OF THE COUNCIL
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SANTA ANA
ss
I, FLORENCE I. MALONE, do hereby certify that I am the
Clerk of the Council of the City of Santa Ana; that the fore-
going Resolution was introduced to said Council at its
regular meeting held on the 17th day of June ,
1974, and was at said meeting passed and adopted by the
following vote, to wit:
AYES,
NOES,
ABSENT,
COUNCILMEN: Griset, Markel, Garthe, Yamamoto,
Evans, Ward
COUNCILMEN: None
COUNCILMEN: Patterson
CLERK OF THE COUNCIL