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HomeMy WebLinkAboutCC Res 1278 1964-02-03 I I I 0" ,.... RESOLUTION NO. ~7g' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPOINTING AND EMPLOYING SPECIAL COUNSEL TO ASSIST IN THE PREPARATION OF SPECIAL ASSESSMENT PROCEEDINGS IN ASSESSMENT DISTRICT NO. 2 IN SAID CITY WHEREAS, the City Council of the City of Seal Beach, California, is contemplating instituting certain pUblic improve- ments in said City under the provisions of the "Improvement Act of 19l1", 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 has long bee~ engaged in this type of legal work and is a person competent to advise the City of Seal Beach 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 SEAL BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWSI SECTION l. That W.M. MACKENZIE BROWN be and he is hereby appointed and employed to prepare all notices and resolutions. and to supervise the special assessment proceedings covering "19l1 Act" proceedings in said City. SECTION 2. That the compensation of said special counsel be and it is hereby fixed at two (2%) per cent of the cost of said improvements, less incidental expenses, with a minimum fee of $350.00 per proceeding. -1- Resolution Number - I SECTION 3. That said compensation shall be payable as follows: (a) One-half (l/2) at the time of signing the contract with the contractor Who may be awarded the improvement contract by tbis 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 snall 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 Investiga- tion, Limitation and Majority Protest Act of 1931", nor the prepara- tion of any assessment or bonds, nor include any services for I litigation or services in the procurement of easements or rights of way, but shall be for the preparation of all forms of resolu- tions, notices, and other papers and proceedings required by the provisions of the "Improvement Act of 1911", in carrying through the proceedings for the work, exclusive of publication and printing costs. APPROVED and ADOPTED this , ~ day of ::;...v6- 196#- ATTEST: /~ J?Vt. .N~c~.-. CITY CLERK SEAL BEACH, CALIFORNIA I -2- I I I I , . Resolution Number , STATE OF CALIFORNIA COUNTY OF ORANlllE CITY OF SEAL BEACH ) ) SS ) I, F:aJ..#;&t;m;JI'" City Clerk of the City of SEAL BEACH, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No./2?8, 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 ~ meeting of said City Council held on the ~ day of 1f~ 19'''' and that the same was passed and adopted by the following vote, to wit: AYES: Councilmen ~ ~'11u~feJIIJ"u~ NOES: Councilmen ~ ABSENT: . Councilmen ~ ~tt.~"" '-e. DATED this ~day of T ..u- 196<( /~~"..:- - (SEAL) , '. ... ,,-. r.. .." .:..:-:-....... , ......' ~.. . ':,.1-. _ ." - . '. -'