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HomeMy WebLinkAbout748 - Acquisition & Improvement District 2LLi Y i{ F � IN THE MATTER OF ACQUISITION AND DIPROVEMENT DISTRICT NO. 2 OF THE CITY OF NEWPORT BEACH. CALIFORNIA RESOLUTION APPOINTING AND DESIGNATING ATTORNEY IN PLACE OF THE ATTORNEY HERE- TOFORE APPOINTED IN THE ABOVE MENTIONED MATTER ON THE fth: DAY OF OCTOBER2.1930. RESOLUTION NO. * q WHEREAS, the City Council of the City of Newport Beach in the matter of Acquisition and Improvement District No. 2 of the City of Newport Beach, on the .:6th day of October, 1930s did adopt Resolution No. 631 appointing Arthur M. Ellis attorney in the above entitled matter for the purpose of pre- paring all the proceedings, including resolutions, notices, orders, pleadings, judgments, court documents and any and all other matters incident to the consummation of the contemplated acquisitions, together with the issuance and sale of bonds for immediate possession and bonds for said acquisitions, and in general to perform the services required of an attorney under the "Acquisition and Improvement Act of 1925 ", as amended, for such proposed acquisitions, and reference is hereby made to the said resolution for the compensation therein fixed and for further particulars, and WHEREAS, the attorney so appointed has to date com- pleted a substantial portion of all the necessary proceedings leading up to and including the adoption of the Resolution Ordering Acquisitions pursuant to the provisions of said act and also the preparation of the Summons and Complaint in con- demnation, Lis Pendens, various stipulations, conferences with the attorneys representing the defendants in said action, etc., in connection with said action and the performance of each and 01 all of such acts and services was necessary and convenient for the purpose of accomplishing the matters and things de- scribed and set forth in the Resolution of Intention in the above entitled matter heretofore adopted and in the Resolution Ordering Acquisitions heretofore adopted in said matter, refer- ence to which resolutions is hereby made for greater certainty and for further particulars, and WHEREAS, Arthur M. Ellis, the Attorney so appointed, departed this life on the 17th day of April, 1932, and WHEREAS, the said Arthur M. Ellis was the sole Attor- ney appointed by the City Council of the City of Newport Beach and was the Attorney of record in the above entitled action, to -wit; a cause pending in the Superior Court of the State of California, in and.for the County of Orange, entitled, City of Newport Beach vs. Ida B. McInnes et al., No. 28530; and WHEREAS, this City Council has authority and power under the terms of subdivision 5 of Section 3 of the said "Acquisition and Improvement Act of 1925 ", as amended, to appoint and designate other competent persons in the places respectively of the persons originally appointed, to -wit; com- petent attorneys to prepare the matters and things more particu- larly described in subdivision 4 of Section 3 of said act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, California, acting pursuant to the above mentioned subdivision 5 of Section 3 of the said "Acquisi- tion and Improvement Act of 19251', as amended, as follows; 1. That the services contemplated in the original Resolu- tion of Appointment of Attorney heretofore adopted by this City Council on October ;:6,, 1930, h vs been performed to date to the extent of approximately ttnev of said services. 2. That it is necessary to appoint a competent attorney in the place of the said Arthur M. Ellis to complete and carry K to a conclusion each and all of the services contemplated in • the order appointing said Arthur M. Ellis heretofore adopted by this City Council on the 6th day of October, 1930, in so far as this City Council deems advisable in the premises; that Thomas S. Bunn, Attorney at Law, is a competent Attorney and qualified to do and perform each and all of said matters and services as contemplated by said Resolutions and the "Acquisi- tion and Improvement Act of 1925 ", as amended, in so far as this City Council may deteMine and deem applicable to the above mentioned action and the said "Acquisition and Improve- ment Act of 1925 ". 3. That it is practicable to fix the compensation of the said Thomas S. Bunn for any and all of the services remaining to be performed pursuant to the aforesaid Resolution Appointing Attorney, proportionately to the compensation heretofore fixed for the said Arthur M. Ellis; that said Thomas S. Bunn shall do and perform each and all of the matters and things contem- plated by the said Resolutions aforesaid which have not hereto- fore been done by the said Arthur M. Ellis, and that the com- pensation of the said Thomas S. Bunn for doing said matters and things shall be and is hereby fixed at an amount equal to cf.. of the amount heretofore fixed in the order appoint- ing the said Arthur M. Ellis and herein referred to. PASSED AND ADOPTED by the City Council of the City of Newport Beach, California, at a regular meeting thereof held f/_�' OLAqnt9' this `1v-� day of 4=V8, 1932, by the following vote, to -wit: Ank AYES: Councilmen NOES: Councilmen T\*T%t. ABSENT: Councilmen ( ev �e`l0 Q rAe� ayor o e y of :ate port Beach, California. 3 • I HEREBY CERTIFY that the foregoing resolution was passed by the City Council of the City of Newport Beach, California, at the time and by the vote above st ed. CC eer ` —the (4 yf of Newport Beach, California 4