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RESOLUTION NO. 74-90 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA EF~LOYING SPECIAL COUNSEL TO ASSIST IN <br />THE PREPARATION OF SPECIAL ASSESSMENT PROCEEDINGS <br /> <br />ASSESSMENT DISTRICT NO. 237 <br />(SANITARY SEWERS ) <br /> <br /> WHEREAS, the City Council of the City of Santa Ana, <br />California, is contemplating certain public improvement work <br />in said City under the provisions of the "Improvement Act of <br />1911," being Division 7 of the Streets and Highways Code of <br />the State of California;. and <br /> <br /> WHEREAS, special assessment proceedings are of a technical <br />nature requiring the services of special counsel specializing <br />in said branch of the law; and <br /> <br /> WHEREAS, F. MACKENZIE BROWN, Attorney at Law, duly <br />authorized to practice law in the State of California, is a <br />person competent to advise the said City in the preparation of <br />the special assessment proceedings; and <br /> <br /> WHEREAS, it is desirable that such qualified person check <br />each step of the proceedings and prepare the same for the <br />benefit of the City. <br /> <br /> NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, <br />CALIFOP~NIA, DOES HEREBY RESOLVE AS FOLLOWS: <br /> <br /> SECTION 1. That F. MACKENZIE BROWN, be, and he is hereby <br />appointed and employed to prepare all notices and resolutions <br />and to supervise the special assessment proceedings covering <br />"1911 Act" proceedings in said City. <br /> <br /> SECTION 2. That the compensation of said special counsel <br />be and it is hereby fixed at two percent (2%) of the cost of <br />said improvements, less incidental expenses with a minimum fee <br />of $500.00 per proceeding. In case of proceedings with an <br />estimated construction cost in excess of $300,000, the compen- <br />sation of special counsel shall be two percent (2%) of the <br />first $300,000 and one percent (1%) over $300,000. <br /> <br /> SECTION 3. That said compensation shall be payable as <br />follows: <br /> <br />(a) <br /> <br />one-half (1/2) at the time of signing the contract <br />with the contractor who may be awarded the improve- <br />ment contract by this body. <br /> <br />The balance thereof at the time of recording the <br />warrant, diagram and assessment for said improve- <br />ment. <br /> <br /> <br />