HomeMy WebLinkAboutRES NO 17-66 RESOLUTION NO. 17-66
A RESOLUTION OF THE CITY COUNCIL OF 'THE
CITY OF BAKERSFIELD, CALIFORNIA, APPOINTING
ATTORNEYS FOR THE PURPOSE OF PREPARING
RESOLUTIONS, NOTICES AND OTHER PAPERS AND
PROCEEDINGS FOR ANY WORK AUTHORIZED BY
"IMPROVEMENT ACT OF 1911", AND THE "SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND
MAJORITY PROTEST ACT OF 1931", IN'CONNECTION
WITH PUBLIC IMPROVEMENT DISTRICT NO. 810.
It being the intention of the City. Council of the
City of Bakersfield, California, proceeding under the provisions
of the "Improvement Act of 1911", to carry through proceedings
for the construction of public improvements in the area
described on Exhibit "A" attached hereto and by this reference
incorporated herein, to be designated as Public Improvement
District No. 810; and
It being necessary that some competent person or
firm be appointed for the purpose of preparing the resolutions,
notices, and other papers and proceedings for any work authorized
by the above-mentioned "Improvement Act of 1911", together with
any proceedings made necessary under the provisions of the
"Special Assessment Investigation, Limitation and Majority
Protest Act of 1931".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BAKERSFIELD, CALIFORNIA, AS FOLLOWS:
1. That the law firm of BRADLEY, WAGY, BUNKER,
HISLOP & GIBBONS, hereinafter called "Attorneys", of the
City of Bakersfield, State of California, be, 'and it is
hereby, employed and appointed for the purpose of preparing
the resolutions, notices and other papers and proceedings for
any~'Work contemplated' by this-City Counci-t'-under .the-provisions-
of the above-mentioned Acts, in the matter of the proposed
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construction of such public improvements, exclusive of the
Engineer~s diagram, specifications, plans, printed notice of
improvements, assessments and bonds in connection with said
Acts, which will be prepared and furnished by the City of
Bakersfield with advice of Attorneys.
2. That the compensation of Attorneys is hereby
fixed at an amount equal to the following percentages of the
total contract cost for the construction, above-mentioned,
to-wit:
PERCENT
2%
1%
/
TOTAL CONTRACT COST
On the first $200,000.00
On the next $100,000.00
On all over $300,000.00
That it is further provided that the compensation of Attorneys
shall not be less than $350.00.
In addition, the City agrees to reimburse the
Attorneys, upon periodic itemized statements, for any
out-of-pocket disbursements and expenses incurred by them
in the course of their employment for long distance telephone
calls, telegrams, travel at the City"s request, and similar
items.
Payment of 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 expenses and shall be paid to the Attorneys within
fifteen (15) days after the date of the contract;
(b) The balance of the compensation shall also
......... be c~oll~ec.~ted .frpm_ the c0_ntr~act0~a_nd sh~.!_l.become due and
payable within fifteen (15) days after the assessments for
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the improvements are confirmed by the City Council and
recorded by and in the office of the Superintendent of
Streets of the 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 by the Attorneys at the rate of One Hundred
Dollars ($100.00) per day of seven (7) hours each, for the
preparation of such proceedings, together with automobile
allowance of ten cents (10¢) per mile for the use of automobiles
for travel actually used in securing data, attending meetings
of the City Council or otherwise in the furtherance of any of
the proceedings, and out-of-pocket expense for telephone calls
and other incidentals, which amounts shall be submitted to
the City Council by an itemized sworn statement of such services,
automobile allowance, and expenses; provided, that should the
proceedings cease or be abandoned, the amount to be paid by
the City shall not exceed one per cent (i%) of the estimated
cost of the proposed improvements.
4. That the Attorneys shall be required to furnish
the following services:
(a) Examination of the dedication of all
streets and title to all easements or other property to be
acquired or in which the proposed work is to be constructed.
(b) Examination, but not the preparation or
furnishing, of construction plans and specifications, map
of the assessment district, assessment roll, diagram and
bonds issued to represent unpaid assessments.
(c) Preparation and furnishing of all resolu-
tions, notices, contracts, bond forms, and other papers and
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documents required in the proceedings.
(d) The furnishing, without additional charge
to the City, of a written legal opinion of qualified bond
counsel upon the validity of the proceedings,- construction
contract, warrant, assessment, diagram, and bonds issued to
represent unpaid assessments. In the notice inviting bids for
the work, the City may state that such opinion will be furnished
to the contractor, or his assignee, at the expense of the City.
(e) Examination of each step of the proceedings
as taken and the furnishing of advice and instructions in con-
nection with such proceedings.
The ser.vices to be rendered hereunder do not include
furnishing any services in connection with (i) the acquisition,
by contract or condemnation, of any easements or other property
necessary for the proposed work, (ii) any other litigation
arising from this proceeding~ .or, (iii) posting, mailing, or
publishing of any notice or the printing of any assessment or
bonds to be issued to represent unpaid assessments.
5. That this resolution shall take effect immediately
upon its passage.
I HEREBY CERTIFY that 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 llth day of April, 1966,
AYES.. COUNC~LMFN BA~LFANT, DOO[~N, HOiK~NG, PAR.~, RUCK-ER, SIIERN, WH~TTEMORE..
by the following vote: NOES: COUNC,U~r-N.. ~9~ J'
ABSENT COUNCILMEN: ~ /
ABSTAINING COUNCILMEN: .~'f ,~----/'
:~May6~of ,~:.City of
~'.~.~ Bak'~rsf~] -4-
EXHIBIT A
Description of district boundary for Public Improvement District No. 810.
A parcel of land situate in the City of Bakersfield, County of Kern, State
of California, and being a portion of the S.~Ar. 1/4 of Section 16 and a
portion of the N.IAF, 1/4 of Section 21, Township 29 South, .Range 28 East,
M.D.M:
Beginning at the northeast corner of Lot 250 of Tract No. 1684 as said lot
is shown on the map recorded May 7, 1953, in Book 8 of Maps at page 56
in the office of the County Recorder of said Kern County, said northeast
corner being a point in the westerly right of way line of Haley Street, of-
86 feet in width;
THENCE (1)
southerly along said westerly right of way line, and the
southerly prolongations thereof, to the northeast corner of
Lot 40 of Tract No. 1282 as said Lot is shown on the map
recorded July 25, 1946, in Book 5 of Maps at page 156 in
the office of the said County Recorder, said northeast corner
' being a point in the south line of an east-west alley;
THENCE '(2)
westerly along last named south line and the westerly
prolongation thereof,. said south line also being the
north line of Lots 21 through 40, to the northwest corner
of said Lot 21, said northwest corner being a point on the
easterly right of way line of Nelson Street, of 60 feet in
width;
THENCE (3)
northerly, along the northerly prolongation of the last named
easterly ri. ght of way line, a distance of 1.75 feet, more or
less, to intersect the easterly prolongation of the "south
line of the north 120 feet of Lot 1, Tract 1926" as described
by a grant deed to Veedol Realty Company and recorded
July 7, 1960, in Book .3281 at .page 752 of the Official Records
of said Kern County;
THENCE (4)
westerly along the last named easterly prolongation and the
south line of the north 120 feet of Lot 1 to intersect the
west line of Lot 1 as shown on the map of Tract No. 1926,
recorded June.6, 1957, in Book 9 of Maps at page 143 in
the office of the said County Recorder, said west'line of
Lot 1 being the east line of the most easterly north-south
alley of said Tract No. 1926;
THENCE (5)
southerly along the last named east line and the southerly
prolongation thereof to intersect the south line of an' east-
west alley (said south line being the north line of Lots 4
through 11)~
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THENCE (6)
.THENCE (7)
THENCE (8)
THENCE (9)
THENCE (10)
THENCE (11)
THENCE '(12)
THENCE (1S)
THENCE (14)
westerly along last named south line and the westerly.
prolongation thereof to intersect the westerly boundary
of said Tract No. 1926;
northerly 'along last named westerly boundary and the
northerly prolongation thereof tO intersect the north line
of the south 45 feet of said Secti6n 16;
easterly along last named north line to intersect the
centerline of Berkeley Street as shown on the map of
said 'Tract No. 1926 and also known as Fox Street as
shown on the map of aforesaid Tract No. 1684;
northerly along the centerline of said Berkeley Street
to intersect the westerly prolongation of the north line
of Lot 1, Tract No. 1684;
easterly along the last named we sterly prolongation,
the north line of Lots 1 and 20, and the easterly
prolongations thereof to intersect the centerline of
Bucknell Street;
southerly &long the said centerline of Bucknell -Street to
intersect the north line of the south 55 feet of said
Section 16, said north line being the north ~ight of way
line of Columbus Street, of 110 feet in width;
easterly along last named north line' to intersect the
centerline of Dartmouth Street;
northerly along the said centerline of Dartmouth Street
to intersect the westerly prolongation of the north line
of Lot 291 of said Tract No. 1684;
easterly along the last named westerly prolongation, the
north lines of Lots 291,290,271,270, 251 and 250,. and
the easterly prolongations thereof to the northeast corner
of Lot 250, being the point of beginning.
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