HomeMy WebLinkAboutCC RES 589
RESOLUTION NO. 589
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPOINTING JACK J.
RIMEL, C. ARTHUR NISSON AND JAMES ROURKE 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 INVESTIGATION, LIMITATION
AND MAJORITY PROTEST ACT OF 1931," BEING
DIVISION 4 OF SAID CODE.
WHEREAS, it is contemplated, and it is the intention
of the CITY OF TUSTIN, CALIFORNIA, proceeding under the provisions
.. "being Division 7 of the Streets
of the ~Improvement Act of 1911,
and H-.ighway Code of the State of California, to carry .through pro-
ceedings for the acquisition of necessary easements and rights-of-
way and for the construction of~ sanitary sewers and appurtenant
work in a speciaI assessment district in the City of Tustin to be
known as "Tustin City Sewer Assessment District No. 1"'; and
WHEREAS, it is necessary that some competent, qualified
persons be appointed for the purpose of preparing and typing the
resolutions, notices and other papers and p~oceedings and performing
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," beimg Division 4 of the aforementioned Streets and High-
ways Code of the State of California; and
WHEREAS, JACK J. RIMEL, C. ARTHUR NISSON AND JAMES
ROURKE, hereinafter referred to as attorneys, are attorneys duly
authorized to practice law before all the courts'of the State of
California and are members of the State Bar of said state and are
competent and qualified persons to perform said work and services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, AS FOLLOWS
Sec.$...ion ..l: That~ JACK J. RIMEL, C. ARTHUR NISSON AND
JAMES ROURKE be and are hereby employed and appointed for the
136.
purpose of typing and preparing the resolutions, notices and
other papers and proceedings for all work contemplated by this
City Council under the provisions of the hereina~Ove mentioned
Acts in the matter· of the proposed acquisition of necessary ease-
ments and rights-of-way and construction of public improvements in
~Tustln C'ity Sewer Assessment District No. 1.~ The services to be
furnished by the said attorneys shall not include the figuring
and/or estimating of the amounts of estimated costs to each
parcel of property under the provi'sions of the Investigation Act
of 1931 or the~ preparation of the final assessment for any work
done under the ~Improvement Act of 1911~ or for the issuance of
bonds thereunder.
S~c~i_0~_~2~: ~ ~For~ all of the services of the attorneys,
as aforesaid, in the above mentioned project (which said services
shall be known as ~ordinary services~), save and except for the
extraordinary services hereinafter mentioned and provided for, the
compensation which the City agrees to pay and which the said
attorney8 agree 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 construct ion costs of the project as finally
determined by the bid of t~he successful bidder, with a minimum
·
fee of not less than One Thousand Dollars ($1,000.00) fo~ the
ordinary services. Items of cost known and designated by the
~Improvement Act of 1911,~ 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 con-
struction for the purpose of det@rm!ning~ thee percentage ~f~es
and compensation of the said attorneys for their work called for
under this Resolution.
~Se_c~.~..on~3~: ..... For~all~ extra-ordinary~ services of said
attorneys in each such project and assessment district proceeding,
which extra-ordinary services shall cons ist~ of any or all of the
following services, to-wit:~ · ·
(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 resol-
uti on papers and proceedings required when a report is
37~
made, filed and considered under the ~Special Assessment In-
~restl. gatgon., Limitation 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 attorneys is hereby fixed at the rate
of Thirty,Five D¢llars ($3.5.00) per hour, except for court work
where the compensation is hereby fixed at th~ 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 by the ~Special Assessment Investigation, Limitation
mad. Majority Protest Act of 1931~, as aforesa:l.d, all ~uch corn-
pensation paid for said extra-ordinary services, as well as the
compensation paid on the' percentage and minimum basis as here-
inabove 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 ~: In the event that said assessment district pro-
ceeding shall cease or be abandoned before the award of the
contract to the successful bidder, the City s~all be liable to
and obligated to and agrees to pay to the said attorneys, and
they agree to accept as payment in full for all of their serwice~,
the following compensations only: The sum of Thirty Five Dollars
($35.00} per hour for th® actual time of each of the said attorneys,
provided, however, that where trial or appellate court work i~
involved, the ~ate of pay shall be at the rate of Two Hundred
Dollar~ ($200.00) fo~ each full day in cou~t and pro-rated for
portions of a court day. All such amounts charged to the City
as a result of any terminated or abandoned proceedings as
aforesaid shall be submitted to the City Council by an
itemized sworn statement of such services, pro~wided, that
it is mutually agreed that in no event shall said amount to be
38.
paid by the City upon any such termination or abandonment pro-
ceeding exceed an amount equal to One Thousand Dollars ~($1,000.00).
~Section 5: The said compensation and fees to be paid under
this Resolution shall be payable in the following manner and at·
the following times, to-wit:
(a) An amount equal to three-fourths (3/4~ of the
estimated amount of the ~total compensation to be paid to
the said attorneys for their ordinary services, as aforesaid
to be based upon the bid of the successful ~idder to whom~
the co~tract was awarded, plus all compensation for extra-
ordinary services incurred to the date of the ~awa. rd of con-
tract and which are prope, rly i~ncludable as ~Incidental Ex-
penses, shall be collected from the successful contractor
as Incidental Expenses. All of the portion of the said
ordinary and extra-ordinary fees and compensation above des-
cribed shall be paid to the said attorneys 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 extra-ordinary services i.ncurred after the date of award~
of contract and which are properly includable as ~Incidental
Expenses,' shall be collected from the contractor as In-
cidental ExPenses. All of~ said fees and compensation shall
be due and payable and shall be paid to the said attorneys
within fifteen (15) days after the assessments for the said lm-
provements and the assessment diagram, as conflrmed~by the City,
are recorded by the Superintendent of Streets of the City..
ADOPTED, SIGNED AND APPROVED by the City. Council of the
City of Tustin, California, at a regular meeting held on the
19th day of February, 1962.
ATTEST:
Mayor
39.
I, RUTH POE, City Clerk of the City of Tustin, California,
do hereby certify that the foregoing Resolution was duly adopted
at a regular meeting of the City Council of the City of Tustin
held on the 19th day of February, 1962, by the following vote,
to-wit':
Ayes- Councilmen: Kidd, Humeston, Mack, Sheridan, Doney
Noes: Councilmen: None ~
Absent' Councilmen: None
fornla