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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 ~_~ 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