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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.
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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
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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)
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