HomeMy WebLinkAboutCC Reso No 1970-1321RESOLUTION NO. /.3 ~
RESOLUTION OF THE CSTY COUNCIL OF THE CITY OF
ELSINORE, CALIFORNIA, APPOINTING AND EMPLOY-
ING SPECIAL COUNSEL TO ASSIST IN THE PREPARA-
TION OF SPECTAL ASSESSMENT PROCEEDINGS.
Assessment District No. 1
WHEREAS, the City Council of the City of Elsinore,
California, is contemplating instituting certain public improve-
ments in what is known as ASSESSMENT DISTRICT NO. 1 in said City
under the provisions o£ the "Municipal Improvement Act of 1913",
being Division 12 of the Streets and Highways Code of the State
of California, and the issuance oP bonds pursuant to the pro-
visions of the "Improvement Act of 1911", being Division 7 of the
Streets and Highways Code; and
WHEREAS, special assessment proceedings are of a technicai
nature requiring the services of special counsel specializing in
said branch of the law; and
WHEREAS, F. MACKENZIE BROWN, Attorney at Law, duly
authorized to practice law in the State of California, has been
engaged in this type of 1ega1 work and is a person competent to
advise the said City in the preparation o£ the special assessment
proceedings; and
WHEREAS, it is desirable that such qualified person check
a
each step of the proceedings and prepare the same for the benefit
of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That F. MACKENZIE BROWN be, and he is hereby
appointed and employed to prepare all notices and resoiutions and
to supervise the special assessment proceedings in ASSESSNLNT
DISTRICT NO. 1 covering "1913 Act" and "1911 Act" proceedings in
said City.
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,
SECTION 2. That the compensation of said special counsel
be and it is hereby fixed at two per cent (2/) of the cost o£ 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 o£ $300,000, the compensation of
special counsel shall be two (2) per cent of the first $300,000
and one and one-Pourth (1 1/4) per cent over $300,000.
SECTION 3. That said compensation shall be payable upon
issuance of bond opinion on said proceedings.
SECTION 4. If said proceedings sha11 fail to be carried
through to completion, then said attorney sha11 be paid a reason-
able compensation for the services which he has performed.
SECTION 5. That said services sha11 not include the
preparation of any Report required by the "Special Assessment
Investigation, Limitation and Majority Protest Act o£ 1931",
nor the preparation o£ any assessment or bonds, nor include any
services for litigation or services in the procurement of ease-
ments or rights of way, but sha11 be for the preparation of a11
Resolutions, Notices and other papers and proceedings required by
the provisions of the "MUnicipal Improvement Act of 1913" and
"Improvement Act of 1911", in carrying through the proceedings
for the work, excluding printing, publication, mailing and posting
costs; a1so, inciuding the issuance of unqualified opinion.
APPROVED and ADOPTED this ~.;` day of },s-;~~~..~, ,
G'r"
1970.
MAYOR OF THE CITY OF
ELSINORE, CALIFORN:IA
ATTEST:
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF ELSINORE )
I, ,
City C1erk of the City of ELSINORE _,
California, DO HEREBY CERTIFY that the foregoing
Resolution, being Resolution No. , was
duly passed, approved and adopted by said City Council,
approved and signed by the Mayor, and attested by the
City Clerk, a11 at a meeting of
said City Council held on the day of
19 70 , and that the same was passed and adopted by
the following vote, to wit:
AYES: COUNCILMEN
NOES: COUNCILMEN
ABSENT: COUNCILMEN
DATED this day of 19 70 _
(SEAL) CITY CLERK OF THE CITY OF
ELSINORE, CALIFORNIA