Resolution Number 64-7-27-2RESOLUTION NO. 64-7-27-2 395
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPOINTING
AND EMPLOYING SPECIAL COUNSEL TO ASSIST IN THE
PREPARATION OF SPECIAL ASSESSMENT PROCEEDINGS
WHEREAS, the City Council of the City of San Juan Capistrano, California,
is contemplating instituting certain public improvements 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 said City in the preparation of the special
assessment 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 SAN JUAN CAPISTRANO, 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 resolutions and to supervise the special
assessment proceedings covering "1911 Act" proceedings in said City.
SECTION 2. That the compensation of said special counsel be and it is
hereby fixed at two and one-half (22) per cent of the cost of said improvements,
less incidental expenses, with a minimum fee of $500.00 per proceeding. In case
of proceedings with an estimated construction cost in excess of $300,000, the com-
pensation of special counsel shall be two (2) per cent of the first $300,000 and
one and one-half (12) per cent over $300,000.
SECTION 3. That said compensation shall be payable as follows:
(a) One-half (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 improvement.
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 easements or rights
396
of way, but shall be for the preparation of all Resolutions, Notices and other
papers and proceedings required by the provisions of the "Improvement Act of 1911",
in carrying through the proceedings for the
APPROVED and ADOPTED this 27th day of
ATTEST:
City Clerk of the City of
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN JUAN CAPISTRANO )
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution
No. 64-7-27-2, 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 Council held on the 27th day of July, 1964, and that the same
was passed and adopted by the following vote, to wit:
AYES: COUNCILMEN: CHERMAK, BATHGATE, BUCHHEIM, OLIVARES and DURNFORD
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
DATED this 27th day of July, 1964.
City Clerk