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Home My WebLink AboutF. MACKENZIE BROWN - JOHN T. GANAHL - 1975-04-21J'f,C fR I / • ! SPECIV., COUNSEL AGREEMENT THIS AGREEMENT, made and entered .into this ?.let• .day of 1975, by and between the CITY OF HUNTINGTON BEACH, CALI 7 Ate, a municipal corporation, (hereinafter called "Agency")' and JOHN GANAHL III and F. MACKENZIE BROM, .attorneys at law (herein- after called "Counsel") WHEREAS, this City Council did by resolution, previously employ John T. Ganahl, attorney at law, now deceased, to act as s,�ecis counsel for the purpose of conducting and carrying through to com,,.ietion, certain proceedings, to be pursuant to either } the ,"Municipal Improvement Act of 1913," or the "Improvement Act of 1911, " said assessment districts covered by said Resolution of ErAploy- i went are as follows: Assessment District No. 7201 Assessment District No. 7301 Assessment District No. 7302 WHEREAS, at this time, this City Council is desirous to have said proceedings carried through to completion and is further desirous to employ counsel as above set .Forth for said purpose, W I T N E S S E T H: i j IT IS MUTUALLY AGREED betigeen the parties hereto that; i SECTION 1. Counsel shall perform all legal se",ices in con- nection with the following listed assessment districts for proceedings i conducted either pursuant to the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Cade or the "Improvement: Act of 1911," being Division 7 of said Code, pursuant to all the teX.-ms and conditions as set forth previously by resolution of the City Council with Mr. John T. Ganahl of Ganahl & Ganahl, relating to proceedings as set forth as follows: Assessment District No. 7201 Assessment. District No. 7301 Assessment District No. 7302 SECTION 2. Should said proceedings be financed through' bonds to issue pursuant to the "Improvement Bond Act of 1915," being Division 10 of the Streets and Highways Code, said fee may be reduced to the following particulars: two percer4t (2%) of the first Five Hundred Thousand Dollars ($500,000.00) of the actual cost of construction and one percent (1%) of the balance thereof, exclusive of costs of incidental expenses. SECTION 3. All other terms and conditions as previously re- lated to said proceedings are incorperated herein and it is further mutually agreed that, by the approval of this agreeMent, all costs or fees due or payable to Mr. John T. Ganahl will be paid by Counsel, as, above set forth. SECTION 4. This Agreement may be terminated by either party iereto by mailing written notice thereof to the other party, SECTION 5. The above legal fees are all chargeable as inci- dental expenses to completed proceedings and thus are not a. direct obligation of the Agency. SECTION 6. Said services shall include the following: (a) Review of the dedication and acquisition of the streets and easements or other property in which - -- proposed world is to be ;Located. s l (b) Examriation of the plans and specifications for the proposed work, the bounc...ry map and assessment diagram of the assessment district, the assessment roll and diagram, bonds, and the giving of instruc- tions and advice in connection with the foregoing. (c) Recommendations as to procedure and actions that should be con4ncted. (d) Preparation of all resolutions, notices, contracts, bond forms, and other papers and documents required in the proceedings. (e) Examination of the proceedings, step by step, as taken. (f) Appear at all hearings under the proceeding.. and, attend any meeting where attendance is requested. (g) Issuance of an unqualified legal opinion attesting to the validity of the proceedings and the issuance of the bonds. AGENCY ATT2ST YO OF THE CITY , OF HUNTINGTON. BEACH, gALIFORN1A CITY CLERK. OF E CITY OF HUN'TINGTON BEACH, CALIFORNIA COUNSEL JOH A1'PItOYED AS TO VON: DON F. BONFA City ACtornoy BY: �_ t40. -2- Y RESOLUTION NO. 4064 F RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING SPECIAL ASSESSMENT DISTRICT, SPECIAL COUNSEL r AGREEMENT, AND AUTHORIZING EXECUTION THEREOF WHEREAS, there has been submitted to this City Council an agreement relating to special counsel services for certain special assess, ,nt districtsi presently initiated or in process by the City of I Huntington Beach, California; and, 9 WHEREAS, at this time, this City Council is desirous to pro- ceed with said assessment districts as set forth in said agreement and is desirous to employ special counsel for the purposes of completin said proceedings. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL � OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, AS FOLLOWSs i -SECTION 1. The above recitals are all true acid correct. SECTION 2. °i: the special counsel agreement for special assessment districts iii, the City of Huntington Beach, California, as mentioned in said agreement is hereby approved and execution is auth- orized by the Mayor and City Clerk, SECTION 3. A copy of said agreement, as approved, is attached f hereto and so referenced. SECTION 4. A copy of said executed agreement shall be immedi- ately transmitted upon execution to the parties as set forth in said agreement,, r �iPPROi►SD and ADOPTED this 2Zst day of _ April , 1975. .� MAYOR OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA ATTEST: f r � CITY CLERK O THE CITY OF HUNTINGTON BEACH, CALIFORNIA-- 1 r� f RESOLUTION ro. 4064 RESOLUTION OF THE CITY COUNCIL OF THE; CITY OF HUNTINGTON BEACH, MIFORNIA, APPROVING SPECIAL .ASSESSMENT DISTRICT, SPECIAL COUNSEL AGREEMENT, I -ND AUTHORIZING EXECUTION THEREOF '?HEREAS, there has been submitted to this City Council an agreement; relating to special counsel services for certain special assessment districts presently initiated or in process by the City of Huntington Beach, California; and, r WHEREAS, at this time, this City Council is desa._ous to'pro- ceed with said assessment districts as set forth in said, agreement and is desirous to employ spy^.ial counsel for the purposes of completing said proceedings. NOW, THEREFORE, IT IS HEREBY RESOLVED11 Y THP CITY COUNCIL, OF THE CITY OF HUNTINGTON , BEACH; CALIVORNIA, AS SECTION 1. The above recitals are al-T. fi v; � ,? ran.; , vor. rest. SECTION 2. That the special counsel agx sano)i4t. i,cx , special assessment districts in the City of Huntiny.tmx oe acb, 'alifornia, as mentioned in said agreement is hereby approve.:, 3nrl execution is auth- orized by the Mayor and City Clerk, SECTION 3. A copy of said agreement, as approved, is attached: hereto and so referenced. SECTION 4. A copy of said executed agreement shall be immedi- ately transmitted upon execution to the parties as set forth it said agreement. APPROVED and ADOPTED this 21st day of April , 1975. MAYOR OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA ATTEST: CITY CLERK{ OF THE CITY OF HUNTINGTON BEACH, CALIFOX4IA AFROVED AS TO FORJJ: VON P. BONFA City Attorney ` aty City A ,to y ,r d7 7- STATE OF CALIFORNIA ) COUNTY OF ORANGE' ) ss . CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTW 1H, City Clerk of the City of Huntington Beach, California, JO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 4064 , was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a meeting of said City Council held on the 21scday of April_ , 1975, and that the same was passed and adopted by the following vote, to tit AYES: COUNCILMEN Shipley, Bartlett, Coen, Matney, Wieder, Duke, Gibbs NOES: COUNCILMEN None ABSENT: COUNCILMEN None DATED this 22rd day of �y��.,;T,. 1975. CITY CLERK OF THE CITY OF HUNTINGTON, BEACH, CALIFORNIA (SEAL)