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HomeMy WebLinkAboutRES NO 27-65 RESOLUTION NO. ,'27-6~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD~ C~LIFORNIAi, APPOINTING ATTORNEYS FOR THE PURPOSE OF PREPARING RESOLUTIONS, NOTICES ~qD OTHER P~PERS kND PROCEEDINGS FOR~NY WORKAUTHORIZED BY "IMPROVEMENT ACT OF 1911"~ ~VD THE "SPECIAL ASSESS~rENT INVESTIGATION:, LIMITATION AND MAJORITY PROTEST ACT OF 1931"~, IN CONNECTION WITH PUBLIC IMPROVEMENT DISTRICT NO. 800. 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 on an area bounded by'Lakeview Avenue on the north, Owens Street on the south~ 10th Street on the west~ and Potomac Avenue on the east~ to be designated as Public Improvement District No. 800; 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 ~uthorized 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". NOWii~ THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD~ CALIFORNIa, AS FOLLOWS: 1. That the law firm of BRADLEY~, ~AG~, 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 r~olutions, notices and 0ther'papersland pro~edihgs for' any work contemplated by this City Council under the provisions of the above-mentioned Acts, in the matter of the proposed 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'oft the compensation shall also be collected from the contractor and shall become due and payable within fifteen (15) days after' the assessments for -2- 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!~he 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 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 ~onds ~ssued to represent unpaid aSSeSsmentS. '~ (c) Preparation and furnishing of all resolu- tions, notices, contracts', bond forms~ and other papers and 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 contractors 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 services 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 28th day of June', 1965, by the following vote: of Ju~-~':~9~5~¢~; '~ Council of the City of Bakersfield,Calif.