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.