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RESOLUTION NO. 75-15 RESOLUTION OF THE CITY COUNCIL APPOINTING AND EMPLOYING SPECIAL COUNSEL TO ASSIST IN THE PREPARATION OF SPECIAL ASSESSMENT PROCEEDINGS ASSESSMENT DISTRICT NO. 239 WHEREAS, the City Council of the City of Santa Ana, Cali- fornia, is contemplating certain public improvement work in said City under the provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, and for the issuance of bonds pursuant to the provisions of the "Im- provement Act of 1911," being Division 7 of the Streets and Highways Code; 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, has been engaged in this type of legal work and 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 in said City under the provisions of the "Municipal Improvement Act of 1913." 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 proceedings. 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%) of the balance over $300,000. SECTION 3. That said compensation shall be payable upon issuance of bond opinion on said proceedings and receipt of moneys from sale of bonds. 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 not include the prepara- tion of any Report required by the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," or 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 Resolutions, Notices and other papers and proceedings required by the provisions of the "Municipal Improve- ment Act of 1913" and "Improvement Act of 1911," in carrying through the proceedings for the work, including the issuance of an unqualified