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KLG:po <br />1-26-76 <br /> <br />RESOLUTION NO. 76-18 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA APPOINTING AND <br />EMPLOYING SPECIAL COUNSEL TO ASSIST <br />IN THE PREPARATION OF SPECIAL ASSESS- <br />MENT PROCEEDINGS. (ASSESSMENT DISTRICT <br />NO. 240, SILVER ACRES) <br /> <br /> WHEREAS, the City Council of the City of Santa Ana, State <br />of California, is contemplating certain public improvement <br />work in said City under the provisions of the "Improvement <br />Act of 1911", being Division 7 of the Streets and Highways Code <br />of the State of California; and <br /> <br /> WHEREAS, said City Council desires to engage an attorney <br />to assist the City Attorney in connection therewith; and <br /> <br /> WHEREAS, F. MACKENZIE BROWN, Attorney at Law, duly authorized <br />to practice law in the State of California, is a person competent <br />to assist the City Attorney in the preparation of the special <br />assessment proceedings. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA, CALIFOrnIA, AS FOLLOWS: <br /> <br /> SECTION 1. That the above recitals are all true and <br />correct. <br /> <br /> SECTION 2. That F. MACKENZIE BROWN, be, and he is hereby <br />appointed and employed to prepare all notices and resolutions <br />and to supervise the said special assessment proceedings in <br />said City. <br /> <br /> SECTION 3. 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 <br />fee of $500.00 per proceeding. In case said proceedings have an <br />estimated construction cost in excess of $300,000, the compensa- <br />tion of special counsel shall be two percent (2%) of the first <br />$300,000 and one percent (1%) over $300,000, less incidental <br />expenses. <br /> <br /> SECTION 4. That said compensation shall be payable as <br />follows: <br /> <br /> A. 0ne-half (1/2) at the time of signing the con- <br />tract with the contractor who may be awarded the improvement <br />contract by this body. <br /> <br /> B. The balance thereof at the time of recording the <br />warrant, diagram and assessment for said improvement. <br /> <br /> SECTION 5. That if said proceedings shall fail to be <br />carried through to completion, then said attorney shall be paid <br />a reasonable compensation for the services which he has performed. <br /> <br /> SECTION 6. That said services shall include the furnish- <br />ing of an.opinion as to the validity of the bonds, but shall not <br />include the preparation of any Report required by the "Special <br />Assessment Investigation, Limitation and Majority Protest Act <br />of 1931", nor the preparation of any assessment or bonds, nor <br /> <br /> <br />