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1-26-76
RESOLUTION NO. 76-18
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPOINTING AND
EMPLOYING SPECIAL COUNSEL TO ASSIST
IN THE PREPARATION OF SPECIAL ASSESS-
MENT PROCEEDINGS. (ASSESSMENT DISTRICT
NO. 240, SILVER ACRES)
WHEREAS, the City Council of the City of Santa Ana, State
of 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, said City Council desires to engage an attorney
to assist the City Attorney in connection therewith; and
WHEREAS, F. MACKENZIE BROWN, Attorney at Law, duly authorized
to practice law in the State of California, is a person competent
to assist the City Attorney in the preparation of the special
assessment proceedings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SANTA ANA, CALIFOrnIA, AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That F. MACKENZIE BROWN, be, and he is hereby
appointed and employed to prepare all notices and resolutions
and to supervise the said special assessment proceedings in
said City.
SECTION 3. 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 said proceedings have an
estimated construction cost in excess of $300,000, the compensa-
tion of special counsel shall be two percent (2%) of the first
$300,000 and one percent (1%) over $300,000, less incidental
expenses.
SECTION 4. That said compensation shall be payable as
follows:
A. 0ne-half (1/2) at the time of signing the con-
tract 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 5. That 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 6. That said services shall include the furnish-
ing 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
RESOLUTION NO. 76-18
PAGE TWO
include any services for litigation or services in the procure-
ment of easements of rights of way, but shall be for the prepara-
tion 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 exclud-
ing printing publication or mailing and posting costs.
City of
2nd
PASSED AND ADOPTED by the City Council of the
Santa Ana at its regular meeting held on the
day of February , 1976.
ATTEST:
~OPI:NCE I. ~LO~ U ~OR
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that I
am the Clerk of the Council of the City of Santa Ana; that the
foregoing Resolution was introduced to said Council at its
regular meeting held on the 2nd day of ..F~bru~rv ,
1976, ana was at said meeting passed and adopted by the following
vote, to wit:
AYES, COUNCILMEN: Yamamoto, Evans, Bricken, 0rtiz,
Garthe, Brandt, Ward
NOES, COUNCILMEN:
None
ABSENT, COUNCILMEN: None
~OI~NCEI. MALONE
APPROVED AS TO FORM:
KEITH L. GOW
City Attorney