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HomeMy WebLinkAboutRES NO 46-58RESOLUTION N0. 48-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, APPOINT- ING ATTORNEYS FOR PURPOSE OF PREPARING AND TYPING RESOLUTIONS, NOTICES AND OTHER PAPERS AND PROCEEDINGS FOR ANY WOE AUTHOR- IZED BY "IMPROVEMENT ACT OF 1911", BEING DIVISION 7 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND/OR THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND 1 1 BEING DIVISION MAJORITY PROTEST ACT OF 93 ", 4 OF SAID CODE, IN CONNECTION'WITH PUBLIC IMPROVEMENT DISTRICT NO. 737. WHEREAS, it is contemplated, and it is the intention of the City Council of the City of Bakersfield, California, pro- ceeding under the provisions of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code, to carry through proceedings for the construction of public improvements on Lakeview Avenue and the intersections of all intersecting streets between the northern boundary of the Southern Pacific Railway Asphalto Branch Right-of-Way and the north line of Tenth Street, in the City of Bakersfleld, California, the same to be designated as Public Improvement District No. 737; and WHEREAS, it is necessary that some competent person be appointed for the purpose of preparing and typing the resolutions, notices, or other papers and proceedings for any work authorized by the above mentioned "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California, together with any proceedings made necessary under the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division4 of said Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE cITY OF BAKERSFIELD, 1. That the law firm of Wild, Christensen, Barnard & Wild of the City of Fresno, State of California, be and said firm is hereby employed and appointed for thepurpose of typing and pre- paring the resolutions, notices, and other papers and proceed- ings for any work contemplated by this City Council under the provisions of the above mentioned Acts, in the matter of the said proposed construction of such public improvements, exclusive of the Engineer's diagram, specifications, plans, printed notice of improvement, assessments and bonds in connection with said Acts, which will be prepared and furnished by the City of Bakersfield with advice of said firm. 2. That the compensation of said firm is hereby fixed at an amount equal to the following percentages of the total-con- tract cost for said construction, above mentioned, to 'wit: PERCENT TOTAL CONTRACT COST 9% On the first $100,000.00 1~!% On the next $200,000.00 1% On all over $300,000.00 That it is further provided that said compensation of'said firm therefor shall not be less than $350.00. Payment of said compensation shall be made as follows: (a) An amount equal to one per cent (1%) of the estimated amount, represented by the low bid submitted for the construction cost, shall be collected from the contractor as incidental ex- penses and should be paid to the said firm within fifteen (15)' days after the date of said contract; (b) The balance of said compensation shall also be col- lected from the contractor and shall become due and payable with- in fifteen (15) days after the assessments for said improvements are confirmed by the City Council of said City and recorded by and in the office of the Superintendent of Streets of said City. 3. That in the event that the proceedings~'~ni~ia~ed cease, or are abandoned before the awarding of the contract, the City of Bakersfield shall be liable only for the time actually incurred by the said firm at the rate of Fifty Dollars ($50.00) per day of seven (7) hours each, for the preparation of such proceedings, together with automobile allowance of eight Cents (.08¢) per mile for the use of automobiles for travel actually used in securing data and/or attending meetings of the said City Council in the furtherance of any of said proceed- ings, which said amounts shall be submitted to this City Council by an itemized sworn statement of such services and/or automobile allowance; provided, that should said proceedings cease or be abandoned, the amount to be paid by the City shall not exceed one per cent (1%) of the estimated cost of said proposed im- provements. 4. That this resolution shall take effect immediately 'upon its passage. - o0o I HEREBY CERTIHthat the foregoing Resolution was duly passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on the 21st day of July, 1958, by the following vote: MARIAN S. IRVIN, :OYOESj:.BALFACARNAEIS COLLINS, CROES, DEWIRE, DOOLIN, City Clerk and Ex-officio Clerk : ' ' ' ' of the City Council of the City of Bakersfield, California