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HomeMy WebLinkAboutCC Reso No 1970-1323W�REAS, the City Council of the City of Elsinore, California, is eontiempzatirg improvements in what is known as ASSESSMENT DISTRICT NO. 1 in said City under the provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California, and the issuance of bonds pursuant to the provisions of the "Improvement Act of 1911 ", being Division 7 of the Streets and Highways Code; 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, F. MACKENZIE BROWN, Attorney at Law, duly authorized to practice law in the State of California, has 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 ELSINOREI 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 resolutions and to supervise the special assessment proceedings in ASSESSMENT DISTRICT NO. 1 covering "1913 Act" and "1911 Act" proceedings in said City. SECTION 2. That the compensation of said special counsel be and it is hereby fixed at two per cent (2%) 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 compensation of special counsel shall be two (2) per cent of the first $300,000 and one and one - fourth (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 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 of way, but shall be for the preparation of all 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, also, including the issuance of unqualified opinion. APPROVED and ADOPTED this 21st day of May, 1970. Attest: Florene Marshall City Clerk RESOLUTION NO. 1322 Norman L. Chaffin Mayor BE IT RESOLVED by the City Council of the City of Elsinore that the Mayor and City Clerk of the City of Elsinore are hereby authorized to execute on hehalf of the City of Elsinore an agreement with the State of California Department of Finance for certification of the population estimate as per Section 2107.2 of the Streets and Highways Code. PASSED AND ADOPTED this 25th day of May, 1970. Attest: Florene Marshall City Clerk RESOLUTION NO. 1323 - Norman L. Chaffin Mayor BE IT RESOLVED BY THE CITY COUNCIL of the City of Elsinore that the Grant Deed from Atlantic Richfield Company, a Pennsylvania corporation to the City of Elsinore for an Easement for Highway Purposes, in, over and across is hereby accepted. PASSED AND ADOPTED this 8th day of June, 1970 Norman L. Chaffin Mayor Attest: Florene Marshall City Clerk