57R-4230
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Auditor
RESOLUTION NO. 4230
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A RESOLUT ION OF THE CITY COUNC IL OF THE CITY
OF ANAHEIM EMPLOYING THE LAW FIRM OF O'MELVENY
& 1WERS AS SPECIAL COUNSEL TO CONDUCT PROCEED-
INGS FOR THE ESTABLISHMENT OF A PARKING DISTRICT
AND THE CALL ING OF A BOND ELECT ION THEREFOR,
AND FIXING ITS COMPENSATION.
WHEREAS, the City of Anaheim contemplates that
a petition will be filed with it under the Vehicle Parking
District Law of 191+-3 (Part 1 of Division 18 of the Streets
and Highways Code of the State of California) for the form-
ation of a parking district within the City in the vicinity
of Los Angeles and Center Streets, and the City desires to
cooperate with the proponent property owners in the pro-
posed district to that end, and desires to employ the law
firm of O'Melveny & Myers to perform the legal services
which will be required both before and after such petition is
filed; and
WHEREAS, the City Council finds that it would be
to the advantage and for the best interests of the City to
employ said law firm of O'Melveny & Myers to do and perform
all of the legal services set forth in that certain agree-
ment dated November 19, 1957, submitted by O'Melveny & Myers;
NUN, THERJ::FORE, BE IT RESOLVED by the City Counc 11
of the City of Anaheim that the Mayor and City Clerk be, and
they are hereby, authorized and directed to execute and enter
into that certain Special Counsel Agreement, dated November
19, 1957, with the firm of O'Melveny & Myers of 433 South
Spring Street, Los Angeles 13, California, whereby said firm
is to do and perform the legal services set forth therein.
AND BE IT FURTHER RESOLVED th a t sa i d 1 aw fi rm 0 f
O'Melveny & ~~ers be compensated for such services provided
for in said contract as follows:
That it shall receive a fee equal to 2% of
the first $300,000 of the cost of the real
property and rights of way purchased or
condemned, plus the estimated cost of pro-
posed improvements thereon; and
1% of any excess over $300,000;
PROVIDED THAT the minimum fee for a completed
proceeding shall be not less than $1500, said
fee to be payable as follows:
(a) $500 thereof upon completion of the final
draft of the petition and the giving of
instructions regarding its circulation.
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(b) Upon completion of the hearing on the
ordinance of intention, one-third of a
fee computed under the above schedule
as applied to the estimated costs stated
in the ordinance of intention, less the
previous payment made under "(a)" above.
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(c) The balance upon the issuance of bonds
in said proceedings, or, if all assess-
ments are paid in cash, then upon the
termination of the cash collection
per iod.
BE IT FURTHER RESOLVED that should the contemplated
proceedings be abandoned or discontinued at any time, said
O'Melveny & Myers shall be paid a reasonable fee for all
services rendered to that time, the amount of such fee to be
fixed by agreement between the City and said law firm.
ArID BE IT FURTHER RESOLVED that said O'Melveny &
Myers shall be reimbursed by the City for any "out-of-pocket"
expenses incurred by them for long distance telephone calls,
telegrams, travel and other similar items made at the City's
request.
THE FOREGOING RESOLUTION is approved and signed
by me this 19th day of November, 1957.
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MAYOR OF T E CITY OF ANAHE 1M.
STATE OF CALIFORNIA
COUNTY OF ORANGE s s .
CITY OF ANAHE 1M
I, DENE M. WILLIAMS, City Clerk of the City of
Anaheim, do hereby certify that the foregoing resolution
was introduced and adopted at an adjourned regular meeting
provided by law, of the City Council of the City of
Anaheim, held on the 19th day of November, 1957, by the
following vote:
AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte
and Wisser.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City
of Anaheim approved and signed said resolution on the 19th
day of November, 1957.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed the official seal of the City of Anaheim this
19th day of November, 1957.
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CIT CLERK.F THE CI'IY OF ANAHEIM.
(SEAL )
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