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HomeMy WebLinkAboutRES NO 40-56RESO~JTiON NO o ~_0-58 A RU~.Z~OLUTION OF THE. CITY COUNCIL OF THE CITY OF BAEJY, RSFIELD, CALIFORNIA, APPOINTING ATTORF~YS FOR PURPOSE 0F PREPARING AND TYFiNG RigBOI~JTIONS, NOTICES AND OTHER P~.Pi~RS }~DD PROCEEDINGS FOR ANY WORI(. AUTHORIZED BY' "'IM~,~0V.~n]Y'-'iXNT ACT OF 1911", BEING DIVISION ? OF THE ~T'..'-?:;'?.~TS AND HIGF. qAYS CODE OF THE STATE 0F CP, LikTOL~IiA, AKin/OR THE "SPECIAL A.SSESSP~ENT II~fEY~TIGATiON, LIMITATION AND MAJORITY PROTEST ACT OF 1931", BEING DIVISION 4 OF SAID CODE, IN CONNECTION '.'iITH PUBLIC IMPROVE.~MENT DISTRICT NO. 726 WHEBEAS, it is contemplated, and it is the intention of the City Council of the City of Bakersfield, California, proceeding 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 Dolores Street in the City of Bakersfield, California, the same to be desig- nated as Public Improvement District Noo 726~ and ?~EREAS, 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 n~cessary under the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of said Code° N~'i, THEREFORE, U~ IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF B.~C~LERSFiELD, CALiYORNIA, AS FOLLOWS: 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 the purpose of typing and pre- paring the resolutions, notices,'and other papers 'and proceedings for any work contemplated by this City Council under the provi- sions of the above mentioned Acts, in the ma~ter 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 contract cost for said ~onstruction, above mentioned, to wit:': ~ . PERCENT TOTAL"CONTR~CT COST'-' On the first $100,000.00 On the next.$200,O00.O0 : 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) Anamount equal tO One per cent(l%).of the esti- mated amount, represented by the low bid submitted for the cons- truction cost, shall be collected from the contractor as incidental expenses. 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 collected from the contractor and shall become'due and payable within fifteen (15) days after the assessments for said improve- ments are confirmed by the City Council Of said City and recorded by and inthe office of the Superintendent of Streets of said City. 3. That in the event that the proceedings initiated cease, or are abandoned before the awarding of the contract,.the City of Bakersfield·shall be liable only for the time actually incurred bythe said firm at the rate of Fifty Dollars ($50.00) per day. together.with-automobile allowance of eight cents (8¢) permile for the use of automobilestFor travel actually used in SecUring'~'data. and/or attending meetings of the said City Council' in the further- ance of any of said proceedingS,'.which said amounts shall be sub- mitted 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 notlexceed one per cent (1%) of the estimated cos~ of. said proposed improvements. " 4. That this resolution shall take'effect immediately upon o0o--~ its passage. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on the !Styday of July, 1956, by the following vote: . APPROVED this 16th AYES: CARNAKIS, COLLINS, C=,C=.S,: DOOLIN, EVELETH, ,.~elIWEITE-L~R, SULLIVAN- NOES: ~ MARXAN S. XRVIN- City. Clerk-and Ex-officiocClerk of the City Council of the City of Bakersfield, California day of July; 195e, 'sy