HomeMy WebLinkAbout748 - Acquisition & Improvement District 2LLi
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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
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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
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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
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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
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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.
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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
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