Resolution - 6218U
RESOLUTION NO.- 6218
A RESOLUTION OF THE CITY COUNCIL OF THE
C ITY OF WEST COVINA EMPLOYING
SPECIAL COUNSEL FOR ASSESSMENT DISTRICT
PROCEEDINGS ( AD 80-1 )
THE CITY COUNCIL OF THE CITY OF WEST COV INA
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The firm of Burke, Williams and Sorensen
hereby is employed as Special Counsel for performing the neces-
sary,legal services to initiate and form assessment districts,
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, for the improvement of
Prospero Drive and certain easements (AD 80-1 )
SECTION 2. Special Counsel shall, in consultation
with the City Attorney, review plans and specifications and
i• the Assessment District Map and any maps relating to the
acquisition of rights of way, if such should be. 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 proceed-
ings. The spreading of the assessment and t-he 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 per cent (20) of the cost of construction and
the cost of acquisition rice paid for land),or
whichever is greater.
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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 proceed-
ings 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 reason-
able 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
hourly rate. No condemnation action shall be commenced or be
filed in this matter until consultation with the City Attorney,
who shall appear with Special Counsel as Attorney of record in
the case or cases filed. The City Attorney may not appear in
the trial of such matters but shall retain ultimate management
of lawsuits thus commenced, subject to direction of the City
Council.
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.
ATTEST:
PASSED AND ADOPTED this
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loth day of November 1980 .
Mayor
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I, Helene M. Mooney , DO HEREBY CERTIFY that
the above and foregoing Resolution No. 62.1E - was duly
passed and adopted by the City Council of the City of
West Covina at a. regular
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meeting thereof, held on the loth day of November , 1980,
by the following vote, to wit:
AYES: Bacon, Tennant, Chappell, Tice, Shearer
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NOES: None
ABSENT: None
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