HomeMy WebLinkAbout75-015RESOLUTION 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
'RESOLUTION NO. 75-15
PAGE TWO
opinion,
ATTEST:
excluding printing, publication, mailing and posting costs.
APPROVED
and ADOPTED this 18th day,of February
MAYOR
CLERK 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 Aha; that the foregoing
Resolution was introduced to said Council at its regular
meeting held on the 18thday of February , and was
at said meeting passed and adopted by the following vote, to wit:
AYES:
NOES:
COUNCILMEN: Griset,Ward,Markel,Bricken,
Yamamoto, Evans, Garthe
COUNCILMEN:
None
ABSENT: COUNCILMEN:
None
CLERK OF THE COUNCIL
VED AS TO FORM:
./~S A. WITHERS, CITY ATTORNEY
oRM:
/~//-F.t/MACKENZ~
Counsel for Assessment District No. 239