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HomeMy WebLinkAboutReso 2673-1958 CITY OF SOUTH SAN FRANCISCO INDUSTRIAL PARK iMPROVEMENT DISTRICT NO. 3 RESOLUTION~ NO. 2673 RESOLUTION FIXING COMPENSATION FOR ATTOrnEYS EMPLOYED FOR ACQUISITION AND IMPROVEMENT PBOCEEDINGS WHEREAS, the City Council of the City of South San Francisco heretofore by Resolution of Intention No. 2671 adopted July 21, 1958, declared its intention to order certain work to be done and certain acquisitions and improvements to be made and to issue improvement bonds to represent unpaid assessments in Industrial Park Improvement District No.3, all pursuant to the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1'915, as described in said Resolution of Intention; and WHEREAS, this City Council has heretofore appointed and retained as counsel Antonio J. Gaudio, Attorney in South San Francisco, and Messrs. Orrick, Dahlquist, Herrington & Sutcliffe, 405' Montgomery Street, San Francisco 4, California, for the purpose of preparing and typing the resolutions, notices and other papers and proceedings under the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 relative to performance of all work and construction of all improvements and all acquisitions and issue' of improvement bonds as aforesaid, including the doing and performing of all legal services required in the conduct of all of said proceedings, preparation of all resolutions, forms, notices, affidavits, and other docu- ments required, exceptinE those prepared or to be prepared by the Engineers, the rendering of advice to said Engineers, and other City officials who have performed or have to perform any duties in connection with said proceedings, the performing of all required legal services in connection with the issue and sale of improvement bonds in said proceedings upon unpaid assessments and,.in the case of Orrick, Dahlquist, Herrington & Sutcliffe, the furnishing of legal opinion upon the validity of all bonds so issued; and WHEREAS, the public interest, convenience, necessity and welfare has been served by retaining said attorneys for the purposes'aforesaid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, as follows: 1. The appointment, retention and employment of Antonio J. Gaudio, Attorney in South San Francisco, and Messrs. Orrick, Dahlquist, Herrington & Sutcliffe, Attorneys at Law, 405 Montgomery Street, San Francisco 4, California, as counsel for the purpose of preparing and typing the resolutions, notices and other papers and proceedings under the Municipal Improvement Act of 1913 and the Improvement,.Bond Act of 1915, and performing all other legal services,' as aforesaid, in connection with said work to be done and acquisitions and improvemente to be ~ade in Industrial Park Improvement District No. 3, as aforesaid, is hereby ratified, confirmed and ap- proved. 2. The aggregate compensation of said Antonio J. Gaudio, for all of his said legal services rendered and to be rendered, as aforesaid, and the aggregate com- pensation of said Messrs. Orrick, Dahlquist, Herrington & Sutcliffe for all of their legal services rendered and to be rendered, as aforesaid, is hereby fixed at one (1) per cent of the estimated cost of said acquisitions and improvements as contained in the Engineers' report, but not exceeding the amount thereof included in the confirmed assessment, exclusive of incidental expenses, to each of said counsel. Payment of said compensation shall be made to each of said counsel at the time of the delivery to the purchaser of the bonds to be issued and sold in said proceedings, or, if no bonds are issued and sold at the time the period for payment of assessments in said pro- ceedings expires, it being understood that the services of said counsel herein provided for shall not include any eminent domain proceedings, or any other litigation relative to said proceedings, and that the compensation of said counsel shall be paid from the incidental expenses charged in said proceedings, and that the City of South San Francisco shall not be otherwise obligated therefor. PASSED AND ADOPTED this 21st day of July, 1958, by the following vote: AYES, Councilmen G. J. Rozzi, Andrew Rocca, E~ilio Cortesi, Leo J. Ryan and Patrick E. Ahern NOES, None ABSENT, None ATTEST: ARTHUR A. RODONDI CITY CLERK APPROVED: G. J. ROZZI MAYOR OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA