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HomeMy WebLinkAbout5690 - Special Assessment ProceedingsAL m RESOLUTION NO. 5690 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPOINTING AND EMPLOYING SPECIAL COUNSEL TO ASSIST IN THE PREPARATION OF SPECIAL ASSESSMENT PROCEEDINGS l WHEREAS,, the City Council of the City of Newport Beach, California, is contemplating instituting certain public improve- ments in said City under the provisions of the "Improvement Act of 1911 ", being Division 7 of the Streets and Highways Code of the State of California; 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, WM. MACKENZIE BROWN, Attorney at Law, duly authorized to practice law in the State of California, has long been engaged in this type of legal work and is a person competent to advise the City in the preparation of said 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 NEWPORT BEACH, CALIFORNIA, DOES HEREBY RESOLVE, AS FOLLOWS: SECTION 1. That WM. MACKENZIE BROWN be and he is hereby appointed and employed to prepare all notices and resolu- tions and to supervise the special assessment proceedings cover- ing "1911 Act" proceedings in said City. SECTION 2. That the compensation of said special counsel be and it is hereby fixed at 2% of the cost of said improvements, less incidental expenses, with a minimum fee of • $350.00 per proceeding. -1- z SECTION 3. That said compensation shall be payable as follows: (a). One-half (1/2) at the time of signing the Contract with the Contractor who may be awarded the improvement contract by this body. (b) The balance thereof at the time of recording the warrant, diagram and assessment for said improvements. 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 preparation of any Report required by the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", nor the preparation of any assessment or bonds, nor include any services for litigation or services in the procurement of ease- ments or rights of way, but shall be for the preparation of all forms of Resolutions, Notices, and other papers and proceedings required by the provi"ons of the "Improvement Act of 1911 ", in carrying through the proceedings for the work, exclusive of publication and printing costs. APPROVED and ADOPTED this 26th day of November. 1962 MAYOR OF -THE CITY OF NEWPORT BEACHy CALIFORNIA ATTEST: CIYCLRK -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF NEWPORT BEACH ) It MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 5690 was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City C ouncil held on the 26th day of November, 1962, and that the same was passed and adopted by the following vote, to wits AYES: COUNCILMEN Stoddard, Gruber, Cook, Hart, Lorenz:;: Marshall, Elder NOES: COUNCILMEN None ABSENT: COUNCILMEN None DATED this 27th day of November, 1962. 11. (SEAL) is -3-