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HomeMy WebLinkAboutRES NO 3-55RESOLUTION N0.3-55 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 WORK' AUTHORIZED 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 MAJORITY PROTEST ACT OF 1931", BEING DIVISION 4 OF SAID CODE, IN CONNECTION WITH PUBLIC IMPROVEMENT DISTRICT NO. 709. , , , , , , , , WHEREAS, 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 im- provements on F Street between Nineteenth Street and Twenty- fourthStreet, in the City of Bakersfield, California, the same to be designated as Public Improvement District No. 709; 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, THEEFOE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA', AS FOLLOWS: 1~ That the law firm of Wild, Carlson & Reeve of the City of Fresno, California, be and said firm is hereby employed and appointed for the purpose of typing and preparing the resolutions, notices, and other papers and proceedings for any work contemplated by this City Council under the pro- visions of the above mentioned Acts~ in the matter of the said proposed construction of such public improvements, exclusive of the Engineer's diagrams 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 2% 1% TOTAL CONTRACT COST On the first $100,000.00 On the next $200,000.00 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 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 cQnfirmed 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 before the awarding 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 dayof 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 furtherance of any of said proceedings, which said amounts shall be submitted to this City Council by an litemized 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 immediate- lY upon its passage. o0o I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakers- field at a regular meeting thereof held on the 31st day of January, 1955, by the following vote: Ci and i lerk of the City Council of the City of Bakersfield, California