HomeMy WebLinkAboutResolution No. 4236 RESOLUTION NO. 4236
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY EMPLOYING SPECIAL COUNSEL
FOR ASSESSMENT DISTRICT PROCEEDINGS,
ASSESSMENT DISTRICT NO. 113 (Bergman Lane)
THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA,
DOES RESOLVE AS FOLLOWS:
SECTION 1. The firm of Burke, Williams & Sorensen
hereby is employed as Special Counsel for performing the
necessary legal services to initiate and form, pursuant to
the provisions of the Improvement Act of 1911 and /or the
Municipal Improvement Act of 1913, as directed by the City
Council and the City Attorney, ASSESSMENT DISTRICT NO. 113
(Bergman Lane).
SECTION 2. Special Counsel, in consultation
with the City Attorney, shall review plans and specifica-
tions and the Assessment District Map and maps relating to
the acquisition of rights of way. Special Counsel, in
consultation with the City Attorney, also shall prepare
and /or review all forms of resolutions, notices, contracts
and other legal documents necessary for such proceedings.
The spreading of the assessment and the matters related to
the preparation of the assessment roll, assessment diagram
and the like, except for resolutions and notices, shall be
performed by persons other than Special Counsel. Special
Counsel, however, shall be available for consultation on
all such matters.
SECTION 3. Special Counsel shall be compensated
as follows: 1) Two percent (2 %) of the cost of construction
and the cost of acquisition (price paid for land) , or
$750.00, whichever is greater.
If proceedings have been initiated and are
terminated prior to the adoption of the resolution ordering
the work, the minimum fee shall be paid. In the event
proceedings are terminated subsequent to the adoption of the
resolution ordering the work, or the formation of the
District, there shall be paid a reasonable charge for
services rendered, such reasonable charge shall be related
to the minimum fee and the estimated maximum fee under the
proceedings.
2) For any condemnation, negotiation or other
services performed in connection with the acquisition of
rights of way, Special Counsel shall receive a reasonable
fee based upon their then hourly rates. No condemnation
action shall be commenced or be filed in this matter except
upon consultation with the City Attorney, who shall appear
with Special Counsel as an attorney of record in the case or
cases filed. The City Attorney shall retain ultimate
management of lawsuits thus commenced, subject to direction
of the City Council.
RESOLUTION NO. 4236
SECTION 4. The City Clerk shall certify to the
adoption of this Resolution, and thenceforth and thereafter
the same shall be in full force and effect.
PASSED AND ADOPTED this 24th day of May ►
i
1983.
f _ ___2_.,..,-, t____
- JAMES T. QU N , MAYOR
ATTEST:
D �� � V.v. c S
! " CLER
I, JEANNE COOK, DEPUTY CITY CLERK, DO HEREBY
CERTIFY that the above and foregoing Resolution No. 4236
was duly passed and adopted by the City Council of the
City of Downey at a regular meeting thereof, held on
the 24th day of May , 1983, by the following vote,
to wit:
AYES: 5 Council Members: Cormack, Jackman, Barb,
Davila, Quinn
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
W
D, CITY CLERK
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