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HomeMy WebLinkAboutResolution 1963 - 0057RESOLUTION NO. 63-57-7 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY APPOINTING JACK J. RIMEL AND C. ARTHUR NISSON 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 HIGlf~AYS 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 AND/OR "THE MUNICIPAL IMPROVEMENT ACT OF !913 " BEING DIVISION 12 OF SAID CODE IN THE CONSTRUCTION OF SANITARY SEWERS AND A~PURTENANT WORK WITHIN SA.ID DISTRICT • . · WHEREAS, it is contemplated and it is the intent ion of COUNTY SANITATION DISTRICT NO. 7 OF ORANGE 90UNTY, under the provisions of the "Improvement A.ct of 1911," being Division 7 of the Streets and Highways Code of the State of C~lifornia, and/or "The Municipal ~mprovement Act of 1913," being Division 12 of said Code, to carry through one or more separate proceedings for the acquisition of \ necessary easements and rights-of-way and for the construc- tion of sanitary sewers and appurtenant work in one or mo~e special assessment districts in County Sanitation District No. 7 of Orange County; 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 proceedings and performing all other required legal work and services for any work authorized by the above mentioned "Improvement A.ct of 1911" and/or "The Municipal Improvement Act of 1913," together with the proceedings made necessary unde~ the provisions of the "Special Assessment Investiga- tion, Limitation and Majority Protest Act of 1931," being Division 4 of the aforementioned Streets and Highways Code of the State of California; and 1. /. ... WHEREAS, JACK J. RIMEL and C. ARTHUR NISSON, herein- after referred to as Attorneys, are attorneys duly author- ized to practice law before all of the courts of the State of California and members of the State Bar of said state and are competent and qualified persons to perform said work and services; NOW, THEREFORE, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: That JACK J. RIMEL and C. ARTHUR NISSON be and they are hereby employed and appointed for the pur- pose of typing and preparing the resolutions, notices and other papers and proceedings for all work contemplated by this Board of Directors under the provisions of the herein- above mentioned Acts in the matter of the proposed acquisi- tion of necessary easements and rights-of-way and construc- t ion of public improvements consisting of the construction of sanitary sewers and all appurtenances and appurtenant work in one or more assessment districts within this sani- tation district. 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 provisions of the "Special Assessment Investiga- tion, Limitation and Majority Protest 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. Section 2: For all of the services of the attorneys, as aforesaid, in each one of the above mentioned projects (which said services shall be known as "ordinary servicesr), save and except for the extraordinary services hereinafter mentioned and provided for, the compensation which the Sanitation District agrees to pay and which the said 2. ~· attor:neys 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 construction costs of the pro- ject 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 "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 construction for the purpose of determining the percentage fees and compensation of the said attorneys for their work called for under this resolution. Section 3: For all extraordinary services of said attorneys in each such project and assessment district pro- ceeding, which extraordinary services shall consist 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 improve- ment; and (b) The preparation of the report and the resolu- tion papers and proceedings required when a report is made, filed and considered under the "Special Assessment Investigation, Limita- tion 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 Dollars {$35.00) per hour, except J. ~or 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 provi- sions of the said "Improvement Act of 1911" and/or the said "Municipal Improvement Act of 1913'' and/or by the said "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," as aforesaid, all such compensation paid for said extra-ordinary 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 any of said proposed assessment district proceedings shall cease or be abandoned before the award of the contract to the successful bidder, the Sanitation District shall 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 services, the following compensations only: The sum of Thirty-five Dollars ($35.00) per hour for the actual time of each of the said attorneys, 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 Sanitation District as a result of any terminated or abandoned proceedings as afore- said shall be submitted to the Board of Directors by an itemized sworn statement of such services, provided, that it is mutually agreed that in no event shall said amount to be paid by the Sanitation District upon any such termi- nation or abandonment proceeding in any one of said proposed 4. assessment districts exceed an amount equal to One Thousand Dollars ($1,000.00). Section i: The said compensation and fees to be paid under this Resolution shall be p~yable in the follow- ing manner and at the following times, to-wit: (a) An s.m::>unt equal to three-fourths (3/4) of the estimated amount of the ·t;o·tal compensation to be paid to the said attorneys for their ordi- nary services, as aforesaid, to be based upon the bid of the successful bidder to whom the contract was awarded, plus F.1.ll compensation for extraordinary services incurred to the date of the award of the contract and which are properly includable as "Incidental Expenses:• sha11·be.collected from the successful con- tractor .as Incidental Expens'Ets ... -All of the porti.on of the said ordinary and extraordinary fees and compensation above described shall be paid to the said attorneys within fifteen (15) days aftar the date of signing and enter- ing 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 in- curred after the date of award of contract and which are properly includable as "Incidental Expenses,n shall be collected from·the con- tractor as Incidental.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 improvements and the assessment .5. , ---. . May 7 , 1963 Board of Directors County Sanitation District No. 7 of Orange County 1104 West Eighth Street, Room 239 Santa Ana. California Attention Fred Harper , Secretary Gentlemen: The undersigned, Jack J. Rimel and c. Arthur Nisson . do accept the terms and conditions of employment offered by your Resolution No. 63-57-7 and will proceed to accomplish the work described therein for the consider- ation described therein promptly in accordance with such time schedules as the District may adopt from time to t i me. Thank you for your favors in this respect. ,,,Respectfully submitted ~£id~ ~ 310 North Main Street Santa Ana, California e~~ c. Arthur Nisson 2014 North Broadway Santa Ana , California \ , ,. -, ' ·~ ... ~ ·. - diagram, as confirmed by the Sanitation District, are recorded as required by law. , ~, STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) I, FRED A. HARPER, Secretary of the Board of Directors of County Sanitation District No. 7 of Orange County, California, do hereby certify that the above and foregoing Resolution No. 63-57-7 was regularly passed and adopted at an adjourned regular meeting of said Board on the 16th day of April, 1963, by the following vote, to wit: AYES: Directors Doney, Hall, Meyers, Parks and Featherly NOES: None ABSENT: Director Cook __ ...._._ __ ........... ...___ -~-~--:rn--1if!T~s_s·· WHEREOF, I have hereunto set my hand and affixed ........__ -~./'- t-il._~--off ic iai--:~~·en of County sani ta ti on District No. 7 of orange ~ -.:....:. :..----.. -. -· ---> -: C9~ty,_Cali~p~~ia, this 16th day of April, 1963. -/ _,, . -_-'\, '.:" -.. : -- ·_, :rper, Secre~y of' the Board of Directors of County Sanita- tion District No. 7 of Orange County, California 6.