HomeMy WebLinkAbout6131 - Assessment District 14E
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RESOLUTION NO. 6131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPOINTING AND
EMPLOYING JACK J. RIMEL OF THE LAW FIRM OF
RIMEL, HARVEY & HELSING TO PREPARE AND TYPE
ALL RESOLUTIONS, NOTICES AND OTHER PAPERS AND
PROCEEDINGS AND TO PERFORM ALL LEGAL WORK
REQUIRED FOR ANY WORK AUTHORIZED BY THE
"IMPROVEMENT ACT OF 1911, " BEING DIVISION 7 OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, AND /OR THE "SPECIAL ASSESSMENT IN-
VESTIGATION LIMITATION AND MAJORITY PROTEST
ACT OF 1931, T' BEING DIVISION 4 OF SAID CODE, AND /OR
SECTION 17 OF ARTICLE 13 OF THE CALIFORNIA CONSTI-
TUTION, PERTAINING TO THE CONSTRUCTION OF STREET
LIGHTING IMPROVEMENTS AND APPURTENANCES AND
APPURTENANT WORK IN PROPOSED "ASSESSMENT DIS-
TRICT NO. 14" IN SAID CITY.
WHEREAS, it is contemplated and it is the intention of the City of New
13 11 port Beach, under the provisions of the "Improvement Act of 1911, " being Divi-
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"W OFFICES OF
RIMEL. HARVEY d
HELSING
FOURTH FLOOR
1010 NORTH MAIN ST.
SANTA ANA.
CALIFORNIA 92701
sion 7 of the Streets and Highways Code of the State of California, to carry
through proceedings for the construction of street lighting improvements and
appurtenances and appurtenant work in a special assessment district within
said city to be known and designated as "ASSESSMENT DISTRICT NO. 14 "; and
WHEREAS, it is necessary that a competent, qualified person be
appointed for the purpose of preparing and typing the resolutions, notices and
other papers and proceedings and to perform all other required legal work and
services for any work authorized by the above mentioned "Improvement Act of
1911, " together with the proceedings made necessary under the provisions of
"The Special Assessment Investigation, Limitation and Majority Protest Act of
1931, " being Division 4 of the aforementioned Streets and Highways Code, to-
gether with any and all proceedings required or desirable under the provisions
of Section 17 of Article 13 of the California Constitution; and
WHEREAS, Jack J. Rimel of the law firm of Rimel, Harvey & Helsing,
located on the Fourth floor, 1010 North Main Street, Santa Ana, California,
hereafter referred to as "Attorney," is an attorney duly authorized to practice
law before all of the courts of the State of California and is a member of the
State Bar of the said state and is an experienced, competent and qualified per-
son to perform said work and services;
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LAW OFFICES OP
RIMEL. HARVEY II
HELSINO
FOURTH FLOOR
1010 NORTH MAIN ST.
SANTA ANA.
CALIFORNIA 92701
NOW, THEREFORE, the City Council of the City of Newport Beach,
California, does hereby resolve, determine and order as follows:
Section 1: That JACK J. RIMEL, of the law firm of Rimel, Harvey &
Helsing, be and he is hereby employed and appointed for the purpose of prepar-
ing and typing all resolutions, notices and other papers and proceedings for all
work contemplated by this City Council under the provisions of the hereinabove
mentioned Acts and the California Constitution, in the matter of the construction
of public improvements consisting of street lighting improvements and appurten-
ances and other appurtenant work in a special assessment district within this
City as hereinabove designated. The services to be furnished by said Attorney
shall not include the figuring and /or estimating of the amounts of estimated
costs to each parcel of property under the provisions of the "Special Assess-
ment Investigation, Limitation and Majority Protest Act of 1931" or the prepar-
ation of the final assessment for any work done under the "Improvement Act of
1911" or for the issuance of bonds thereunder.
Section 2: For all of the services of said Attorney, as aforesaid, in
the above mentioned project (which said services shall be known as "ordinary
services "), save and except for the extraordinary services hereinafter men-
tioned and provided for, the compensation which the City agrees to pay and
which the said Attorney agrees to accept as payment in full is hereby fixed at
an amount of money equal to two and one -half per cent (2 -1/2 %) of the total con-
struction costs of the project as finally determined by the bid of the successful
bidder, with a minimum fee of not less than One Thousand Dollars ($1, 000. 00)
for the ordinary services. Items of cost known and designated by the "Improve-
ment Act of 1911,11 and more particularly by Section 5024 of the Streets and
Highways Code of the State of California, as "Incidental Expenses" shall not be
included in the cost of construction for the purpose of determining the percent-
age fees and compensation of the said Attorney for his work called for under
this resolution.
Section 3: For all extraordinary services of said Attorney in such
project and assessment district proceeding, which extraordinary services shall
consist of any or all of the following services, to -wit:
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LAW OFFICE6 OP
RIMEL. HARVEY a
HELSING
FOURTH FLOOR
1010 NORTH MAIN BT.
SANTA ANA.
CALIFORNIA 92701
(a) All work of acquisition of lands, easements and rights -of-
way required for said improvement; and
(b) The preparation of the report and the resolution papers and
proceedings required when a report is made, filed and con-
sidered under the Special Assessment Investigation, Limi-
tation and Majority Protest Act of 1931, " being Division 4 of
the Streets and Highways Code of the State of California; and
(c) All court work in both trial and appellate courts, including
condemnation actions and in rem actions to determine the
validity of proceedings;
the compensation of said Attorney is hereby fixed at the rate of Thirty -five Dol-
lars ($35. 00) per hour, except for court work where the compensation is hereby
fixed at the rate of Two Hundred Dollars ($200. 00) per day for each full day in
court and to be pro -rated for portions of a court day. Whenever and wherever
permitted by the provisions of the said "Improvement Act of 1911" and /or by the
said "Special Assessment Investigation, Limitation and Majority Protest Act
of 1931, " as aforesaid, all such compensation paid for said extraordinary
services, as well as the compensation paid on the percentage and minimum
basis as hereinabove provided, shall be included as "Incidental Expenses" in
the particular assessment district proceeding for which the services were
rendered and shall become a charge against the district for said improvement.
Section 4: In the event that the said proposed assessment district
ceeding shall cease or be abandoned before the award of contract to the success-
ful bidder, the City shall be liable to and obligated to and agrees to pay to the
said Attorney, and he agrees to accept as payment in full for all of his services,
the following compensations only: The sum of Thirty -five Dollars ($35. 00) per
hour for the actual time of said Attorney, provided, however, that where trial
or appellate court work is involved, the rate of pay shall be at the rate of Two
Hundred Dollars ($200. 00) for each full day in court and pro -rated for portions
of a court day. All such amounts charged to the City as a result of any termin-
ated or abandoned proceedings as aforesaid shall be submitted to the City Coun-
cil by an itemized sworn statement of such services, provided that it is mutuall,
agreed that in no event shall said amount to be paid by the City upon any such
termination or abandonment proceeding in said proposed assessment district
exceed an amount equal to One Thousand Dollars ($1, 000. 00).
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LAW OFncER or
RIMEL. HARVEY &
HELSING
FOURTH FLOOR
1010 NORTH MAIN BT.
SANTA ANA.
CALIFORNIA 92701
Section 5: The said compensation and fees to be paid under this Reso-
lution shall be payable in the following manner and at the following times,
(a) An amount equal to three - fourths (3/4) of the estimated amount
of the total compensation to be paid to the said Attorney for his
ordinary services, as aforesaid, to be based upon the bid of
the successful bidder to whom the contract was awarded, plus
all compensation for extraordinary services incurred to the
date of the award of the contract and which are properly includ-
able as "Incidental Expenses, `1 shall be collected from the suc-
cessful contractor as Incidental Expenses. All of the portion of
the said ordinary and extraordinary fees and compensation
above described shall be paid to the said Attorney within fifteen
(15) days after the date of signing and entering into the contract
with the successful bidder.
(b) The balance of the ordinary fee, to -wit: The remaining one -
fourth (1/4) thereof, plus all compensation for extraordinary
services incurred after the date of award of contract and which
are properly includable as "Incidental Expenses," shall be col -
lected from the contractor as "Incidental Expenses." All of
said fees and compensation shall be due and payable and shall
be paid to said Attorney within fifteen (15) days after the assess-
ments for the said improvements and the assessment diagram,
as confirmed by the City, are recorded as required by law.
ADOPTED, SIGNED AND APPROVED this 26th day of
1965.
ATTEST:
ity lerk
I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach
do hereby certify that the foregoing Resolution was duly adopted at a
regular meeting of the City Council of the City of Newport Beach held on the
26th day of Ail 1965, by the following vote, to -wit:
Parsons,
AYES: Councilmen Stoddard, Forgit, Cook, Gruber, Elder, Marshall,
NOES: Councilmen None
ABSENT: Councilmen None
ity Clerk o; thA City ot Newport Beach,
(SEAL) 'California
Im