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HomeMy WebLinkAboutRES NO 47-55RESOLUTION NO. 47-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, APPOINTING ATTORNEYS FOR PURPOSE OF PREPARING AND TYPING RESOLUTIONS, NOTICES AND OTHER PAPERS AND PROCEEDINGS FOR ANY WORK AUTHORIZED BY "IMPROVEMENT ACT OF 1911", BEING DIVISION 7 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND/ORTHE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931", BEING DIVISION 4 OF SAID CODE, IN CONNECTION WITH PUBLIC IMPROVEMENT DISTRICT iNO. 714 WHEREAS, it is contemplated, and it is the intent&onj~ 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 im- provements on an alley in Tract No. 1532, located between Encina and "F'-Streets and between 24th and 26th Streets in the City of Bakersfield, California, the same to be designated as Public Improvement District No. 714; and WHEREAS, it is necessary that some competent person be appointed for the purpose of preparing and typing the reso- lutions, 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 Division 4 of said Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE.CITY'OF BAKERS~IELD, CAL!F0.RNIA,.~S. 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. Coun6~il under the pro- visiohs 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, abo~e mentioned, to wit: PERCENT ~TOT~L CONTRACT COST ~ = On the first $100,000.00 1~1% ~ 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 asfollows: (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 inci- dental 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 in the office of the Superintendent of Streets of said City. 3. That in the event that the proceedings initiated cease, or are abandoned.bef6re'~ 'aw~fdihg Of-the~'contract,'the City of Bakersfield shall be liable only for the time~actual- ly 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 (8~) 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 ~urtherance of any of said proceedings, which said amounts shall be Submitted to this City Council by an itemized sworn statement of s~ch 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 immediate- ly upon its passage. I HEREBY CERTIFY that~the foregoing Resolution was passed and adopted by the City Council of the Cit of Bakers- field at a regular meeting thereof held on the .1Eth day of July , 1955, by the following vote: AYES: CARNAKIS,~, CROES, DOOLIN, EVELETH, SCHWEITZER, SULlyIVAN. NOES: ~-.*'~--- ABSENT: ~--**~'--~..j~.'.~ C lerl~ of ~e Cl~y Co~cll o~ ~he C1~ o~ ~e~el~ C~11~o=1~ APPROVED this 18thday of July ,'~55 ·