R 1733
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RESOLUTION NO. 1733
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE, CALIFORNIA,
APPROVING A REPORT UNDER THE "SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION
AND MAJORITY PROTEST ACT OF 1931", AND
FIXING A DATE OF HEARING THEREON
WHEREAS, the CITY COUNCIL of the CITY OF ARROYO GRANDE, CALIFORNIA, has by Resolution
ordered the preparation of a "Report" under the provisions of the "Special Assessment
Investigation, limitation and Majority Protest Act of 1931", being Division 4 of the
Streets and Highways Code of the State of California, relating to the construction of
certain public works of improvement in a special assessment district known and
des i gnated as:
ASSESSMENT DISTRICT NO. 81-1
(hereinafter referred to as the "Assessment District"); said works of improvement
generally described as follows:
The construction of certain street improvements, including a water system and drain-
age improvements, together with all appurtenances, and including the grading work
which is necessary for the foregoing improvements. The work is to be located in all
or a portion of the public easements and within RANCHO PARKWAY, WEST BRANCH STREET,
JAMES WAY, HALCYON WAY, and MILLER WAY. A backbone water system, including the
construct ion of a pump stat ion, transmi ssion pipe1 ine system, and a water reservoir
is included, all to serve and benefit properties located within the boundaries of
ASSESSMENT DISTRICT NO. 81-1.
and,
WHEREAS, such "Report" has been prepared and submitted to thi s Counci 1.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the "Report" so prepared and presented be, and the same is approved,
and the fact and date of this approval shall be endorsed thereon and the ~-_...
"Report" shall be filed with the transcript of these proceedings.
SECTI ON 3. THAT THIS .CITY COUNCIL DOES HEREBY FIX THE 10TH DAY OF JANUARY, 1984, AT
THE HOUR OF 8:00 O'CLOCK P.M., IN THE COUNCIL CHAMBERS, CITY HALL, AS THE
TIME AND PLACE WHEN A HEARING ON SAID "REPORT" SHALL BE HELD. THE CITY
CLERK SHALL GIVE NOTICE OF SUCH HEARING BY MAILING A COPY OF THE NOTICE,
POSTAGE PREPAID, TO ALL PERSONS OWNING REAL PROPERTY WHICH IS PROPOSED TO
BE ASSESSED TO. PAY ANY PART OF THE COST OF THE WORK, WHOSE NAMES AND
ADDRESSES APPEAR ON THE LAST EQUALIZED ASSESSMENT ROLL AVAILABLE ON THE
DATE THE "REPORT" WAS COMMENCED, AT THE ADDRESS AS SHOWN ON SUCH ROLL,
ALL IN THE MANNER AND FORM AS PROVIDED FOR IN SAID DIVISION 4 OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA.
APPROVED and ADOPTED this 22nd day of November , 1983.
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MAYOR
CITY OF ARROYO GRANDE
STATE OF CALIFORNIA
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STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
CITY OF ARROYO GRANDE
I, VIRGINIA L. CULP, DEPUTY CITY CLERK of the CITY OF ARROYO GRANDE, CALIFORNIA,
00 HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 1733, was
duly passed, approved and adopted by the City Council, approved and signed by
the Mayor, and attested by the Deputy City Clerk,all at the regular meeting of
said City Council held on the 22nd day of November, 1983, and that the same
was passed and adopted by the following vote:
AYES: Councilmen Vandeveer, Gallagher, 'Mil1is, Hogan and Mayor Smith
NOES: None
ABSENT: None
ABSTAIN: None -
EXECUTED this 28th'day of November, 1983, at Arroyo Grande, California.
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SPECIAL COUNSEL AGREEMENT
THIS AGREEMENT is made and entered into this 22nd day of November , 1983,
by and between the CITY OF ARROYO GRANDE. CALIFORNIA, a public corporation
(hereinafter referred to as "City"), and BROWN & NAZAREK, Attorneys at Law,
(hereinafter referred to as "Counsel").
NOW, THEREFORE. IT IS HEREBY AGREED by and between the parties hereto as follows:
SECn ON 1. That Counsel shall perform legal services in connection with the proposed
assessment proceedings and bond issuance in the matter of a proposed
special assessment district known and designated as
ASSESSMENT DISTRICT NO. 81-1
(hereinafter referred to as the "Assessment District") under proceedings
conducted pursuant to the provisions of the "Municipal Improvement Act of
1913". being Division 12 of the Streets and Highways Code of the State of
California.
Said services shall include:
A. Review of the dedication and acquisition of the streets and easements
or other property in which proposed work is to be performed;
B. Examination of the plans and specifications for the proposed work,
the boundary map and assessment di agram of the Assessment Di strict.
the assessment roll and bonds, and the giving of instructions and
advice in connection with the foregoing;
C. Recommendations as to procedure. schedules and actions that should be
conducted and taken;
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 proceedings, and attend any meeting
where attendance is requested;
G. Make recommendations as to sale of bonds. if desired;
H. Perform legal servi ces, if required, pursuant to the provisions of
the "Special Assessment Investigation. Limitation and Majority
Protest Act of 1931", being Division 4 of the Streets and Highways
Code of the State of California;
1. Issuance of an approving le9al opinion attesting to the validity of
the proceedings and the issuance of the bonds.
Such legal services shall not include any services in connection with the
acquisition, by easement or condemnation, of any easements or other
interest in real property necessary for the proposed improvements. These
services can be provided by Counsel. by separate agreement, if desired by
City.
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SECTION 2. That the City shall perform as follows:
A. Furnish to Counsel such maps, records, title searches, and other
documents and proceedings, or certified copies thereof, as are avail-
able and may be reasonably required by Counsel in the performance of
the services hereunder;
8. Pay to Counsel a fee computed on the confirmed assessment as follows:
ONE PERCENT (1%) of the first $2,000,000;
ONE-HALF PERCENT (.50%) on the balance.
C. Payment of the above-referenced fee shall be as follows:
All due and payable upon receipt of money from the sale and delivery
of bonds to the successful underwriter.
SECTION 3. In the event the proceedings are terminated or abandoned prior to comple-
t ion, Counse 1 shall be paid a reasonable fee for services rendered to
date based on an hourly rate of $90.00 per hour, not to exceed $8,500.00;
however, if the proceedi ngs are abandoned prior to or at the time of a
public hearing under the provisions of the "1931 Act", said fee shall not
exceed $3,750.00.
SECTION 4. That this Agreement may be terminated by either party hereto by mailing
written notice thereof to the other party.
IN WITNESS WHEREOF, the part i es hereto have caused thi s Agreement to be executed on
the day and year first hereinabove written.
"CITY"
CITY OF~ ARROYO GRAND~
By: ~'~ .
MAYOR
CITY OF ARROYO GRANDE
STATE OF CALIFORNIA
C I TV CL1.ERK
CI OF ARROYO GRANDE
S TE OF CALIFORNIA
"COUNSEL"
BROWN & NAZAREK
By:
F. MACKENZIE BROWN
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