HomeMy WebLinkAboutRES NO 42-54RESOLUTION NO. 42-54
WHEREAS, ,this Council contemplates the inauguration of
several improvement projects in the City of Bakersfield which will
be conducted under the several street opening and improvement acts
as provided by\the statutes of the State of Califo-rnia, some of which
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may include the filing of an action or actions for condemnation, and
After.due consideration and study, this CoUncil believes
it to be advisable and feasible to employ attorneys who specialize
in conducting such condemnation and improvement proceedings, and
This Council having been fully advised of the work to be
performed by said attorneys and the compensation to be paid for such
service s o
NOW, THEREFORE, BE IT RESOLVED that the employment of WILD,
CARLSON & REEVE, attorneys at law, in connection with preparation
of street and other improvement proceedings as set forth in the
letter from said firm dated November 10~ 195~, addressed to the City
Attorney of Bakersfield, is hereby approved and the City Attorney and
City Engineer and Director of Public Works are authorized to proceed
in accordance herewith as each of said proceedings i.~ instituted.
...... o0o ......
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting
thereof held on the 29th day of DnOn~.h~, 19%4 by the following vote:
Cit rk ~d ~- zc~o~e~ o~
~ Council of the City of Bakersfield.
MAYOR of the ~ity of Bakersfield
A.W. CARLSON
R, H. REEVE
R. M. BARNARD
WILD, CARLSON & REEVE
ATTORNEYS AT LAW
EIGHTH FlOOR-HELM BUILDING
FRESNO, CALl FORN iA
TELEPHONE
4-294.4
November 10,'1954
MR. CHARLES CARLSTROEM
City Attorney
Bakersfield, California
RE: CITY IMPROVEMENT WORK.
Dear Mr. Carlstroem:
After a review of the future improvement work presently an-
ticipated by the City of-Bakersfield, as the same is generally
outlined under the Memorandum bearing date of October l, 1954,
directed to'the attention of Earl J. Miner, Assistant City Manager,
from J. Holfelder, Director of Public Works, we wish to state that
we would be willing to render our legal services and assistance in
connection w~th each of the improvement jobs on the following basis
of compensation:
1. For services rendered for each proceeding under
the '~Street Openin Act of 190B''~ (which would include the preliminary
'proceedings under ~The Special Assessment Investigation, Limitation
and Majority Protest Act of 1931''~, if required), our fee would be
equal to the following percentages of the total cost of acquisition
thereunder:
PERCENT
1%
TOTAL COST OF ACQUISITION
0-$100, 000. O0
$100,000.00 to $300,000.00
Above $300,000. O0
Our minimum fee for each job would be $350.00.
2. For services rendered for each proceeding under
the "Improvement Act of 1911" (which would include the preliminary
proceedings under "'The Special Assessment Investigation, Limitation
and Majority Protest Act of 1931", if required), our fee would be
equal to the following percentage of the total cost of the job:
PERCENT
TOTAL COST 0FIMP~QME. E.NT
0-$100,000.00
$100,000.00 to $300,000.00
Above $300,000.00
Our minimum fee for each job would be $350.00. ':
MR. CHARLES CARLSTROEM
November 10, 1954
Page
3. The fee for legal services for condemnation suits
would be as follows:
$120.00 for each day of preparation
150.00 for each full day in Court
75.00 for each half day or less in Court
In preparing the above schedule, we have considered the fact that
perhaps some of the Jobs mentioned in said Memorandum may not mature
or may so develop that no improvement or opening act proceedings will
be necessary. It is also anticipated that the legal services which
will be required in the "Lake View Avenue" improvement job will prob-
ably be very extensive, and we are willing to undertake the work
therefor under the same uniform rates as above mentioned, provided,
of course, that we are retained as counsel for any proceedings that
might be commenced with reference to the other jobs listed on the
Memorandum.
If it appears feasible from other points of view, we might
recommend that the three smaller improvement jobs listed on the
said Memorandum be consolidated and thus reduce the costs of legal
services in connection therewith.
In turn, we would agree to perform the following services in
connection with all proceedings under the 1903, 1931 and 1911 acts
above referred to: Draft and prepare all legal proceedings, minutes,
notices and resolutions involved and would advise, consult and check
with the governing council of the City of Bakersfield, the city
counsel, the city engineer, and other city officials in connection
therewith. The engineer diagrams, specifications, plans and assess-
ment rolls, and bonds will be prepared and furnished by the city,
but we will consult and advise with the appropriate officials con-.
cerning the same and we will check all of these documents.
In connection with all condemnation proceedings, it is presently
anticipated that we may associate specialized local legal counsel in
Bakersfield, satisfactory to your office, to actually carry on those
proceedings in whole or in part. There would be but one fee for
said c~ndemnation suits, as above specified, and said fee would cover
our services as well as the services of any associated legal counsel.
We would also like to bring to your attention that in the
event that any of the proceedings initiated might cease or be abandoned
before the awarding of any contract, or before settlement or the entry
MR. CHARLES CARLSTROEM
November 10, 1954
Page #3
of the interlocutory judgment, as the appropriate case may be,
certain basic compensation would be paid on a per diem basis for
the work already performed, but not less than one-half of the minimum
fee above specified.
Respectfully submitted,
MGW: em
WILD, CARLSON & REEVE
By ~~
cc:
Mr. J. Holfelder,
Director of Public Works