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Home My WebLink AboutRES NO 72-63RESOLUTION NO. 72-63 A RESOLUTION OF THE'CITY COUNCIL OF THE CITY. OF BAKERSFIELD, CALIFORNIA, APPOINTING ATTORNEYS FOR PURPOSE 0F PREPARING AND. TYPING RESOLUTIONS, NO- TICES ~3~D OTHER PAPERS AND PROCEED- INGS FOR .ANY WORK AUTHORIZED BY "IM- PROVEKENT ACT OF~ 1911", BEING DIVISION SEVEN 0F. THE. STREETS AND HIGHWAYS CODE OF THE STATE 0F CALIFORNIA, AND/OR 'THE "SPECIAL. ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY+ PROTEST ACT OF 1931", BEING DIVISION. FOUR OF SAID. CODE, IN CONNECTION .WITH PUBLIC IMPROVEMENT. DISTRICT N0. 7~7 ..... , , , , , , , 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 constr~ction of public improvements in the area described as Parcels A and Parcel B on the at'tached Exhibits "A" and "B" the same to be desig- , nated as Public Improvement'District No. 777; and .WHEREAS, it is necessary that some competent person be appointed for the purpose of preparing and typing the~. resolu- _tions, notices, or other papers and proceedings f~r' 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 BAKERSFIELD, 'CALiFORNIA~ AS FOLLOWS: " 1. That the' law firm of'Wild, Christensen, Barnard Wild, of the City of Fresno, State of California, be and said WILD, CHRISTENSEN. BARNARD & WILD ATTORNEYS AT LAW EIGHTH FLOOR - HELM BUlLDINe FRESNO, CALIFORNIA -1- WILD, CHRISTENSEN, BARNARD & WILD ATTORNEYlie AT LAW 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 theprovisions of the above mentioned Acts, in the matter of the said proposed construction of such public improvements, exclusive of the Engineer's diagram, specifi- cations, plans, printed notice Of improvements, assessments and bonds in connection with said Acts, which will be pre- pared and furnished by the City of Bakersfield with advice of said firm. 2. That the compensation of said firm is hereby fixed at an amoAnt equal to the following percentages of the total contract cost for said construction, above mentioned, to wit: PERCENT TOTAL CONTRACT COST 2% On the first $100,000.00 1~% on the next $~00, 000. 00 1% On all over ~300, 000. 00 That it is further provided that said compensation of said firm 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 incidental expenses and should be paid to the said firmwith- in 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 theeCity :Council .of-said City and re~ corded by and in the office of the Superintendent of Streets of said City. 3. That in the event that the proceedings initiated cease, FRESNO. CALIFORNIA ~2 ' or are abandoned before the awarding of the contract, the City of Bakersfield shall be liable only for the t~me actually incurred by the said firmat the rate of One Hundred Dollars ($100.00) per day of seven (T) hours 'each, for the preparation ~ such ~roceedings, together with automobile allowance of eight cents (8¢) per mile for the use of automobiles for travel actually used in securing data and/orattending meetings of the said City Council inthe furtherance of any of said pro- ceedings, which said amounts shall be submitted to this City Council by an itemized 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 improvements. 4. That this resolution shall take effect immediately upon its passage. 0o0 I HEREBY CERTIFY that the foregoing Resolution was duly passed andladopted bY the City Council of the City of Bakers- field at a regular meeting thereof held on the 3rd day of September, 196B, by the following vote: AYES: BALFANZ, DOOL1N, MARCHBANKS, MOSSMAN, RUCKER, STIERN, WHITTEMORE _ABSTAINING:. ~J' MARIAN S. IRVIN, City Clerk and ~Ex-0ffiCio Clerk of the City.Council of the City of Bakersfield, California APPROVED this 3rd day c~ September, 1963. WILD CHRISTENSEN. BARNARD tt WILD ATTORNEY9 AT LAW FRESNO, CALIFORNIA D~scril~ion of Parcel "A" of Public Improvement District No.'. 777: · A parcel of land situated in the City of Bakersfield, County of Kern, State of · California, and being a portion of the northeast quarter (N.E'. 1/4) of Section 13, Township 30 South, Range 27 East. M.D.M.: -THENCE '(2) Commencing at the northeast corner of said Section 13, thence westerly along the north line of said Section 13 to intersect the northerly prolongation of the east line of Lot 3, as said Lot 3 is shown on the "Kern County Sales Map No. 1 of the Lands of I. B. Haggin", filed for record May 3, 1889, in the office of the County Recorder of said' Kern County; thence southerly along said northerly · prolongation to intersect a line parallel with, distant 30 feet southerly as measured perpendicular to the north line of said Section.13, said last named parallel. line being the north line of said Lot 3; thence westerly 'along said north line of Lot.3, having a bearing of N.89°55'04"W.'', a distance of 97.93 feet to the true point of beginning; THENCE .(1) .~ S.0°04'56"lAr., 15..'00 feet to the 'beginning of a curve, from which point the radial center of said curve bears.S.0Q04'56 distant 20 feet; ' southwesterly along said curve, concave tothe southeast with a radius of 20 feet, through-a ·central angle of 90°07' 00", a 'distance of 31.46 feet to a point of tangency, from which the radial center 'bears.N.:89°57'56"E. ,. distant 20 feet; THENCE (3). S.'0°02'04'E.', 338.04 feet; THENCE (4) .' N'87°46'16"W,, 60.05 feet; · : T rSNCE (S) · ' N. 0 °02' 04"W.', 335.87 feet to the beginning of a tangent curve. .. from which the radial center bears S. 89°57'56"W. ,/distant 20 feet; .THENCE (6) northwesterly along said curve, concave to the southwest with a radius of 20 feet, through a central angle of 89°53'00", a · distance of 31.38 feet to a point from which the radial center bears , . S. 0°04'56"W., distant 20 feet; : ": .. '·THENCE (7) N..0°04'56"lAr,, 15.00 feet to the north line of said Lot 3; · . . "THENCE (8) ~ S'89°55'04"E., along said north line of Lot 3, a.distance"~',. of 100.00 feet to the true point of beginning. .. .. L' ... ~ .... . ' . , - ,..., .. , _ , ;'. ., . ... , , . ,'.-. . , ~ '. ~ ., . Description of Parcel "B" of Public 'Improvement :District No. 777: A parcel of land situate in the-County of Kern, State of California, and . being a portion of the northeast quarter (N. E. 1/4) of Section 13, Town- ship 30 South, Range 27 East, M. D.. M.: Commencing at the northeast corner of said Section 13, thence westerly along the north line ~f said Section 13 to intersect the northerly prolong-.. ation of the west line of' Lot 3, as said Lot 3 is shown on the "Kern ".County Sales Map No.. 1 of Lands of I-. B.' Haggin" filed for record May' 3, 1889, in the office of the County Recorder of said Kern County, thence S.0e02'25"E., along the said west line of Lot 4, a distance of 492.34 feet to the ~rue point of beginning; THENCE (1) THENCE (2) Continuing S.0e02'2'5"E·, 60.'05 feet; S.'87o42'42"E., 362.04 feet. to intersect a line parallel with, distant 300.00 feet westerly.as measured perpendicular to the east line of said Lot 3; . THENCE (S) .'THENCE (4) N.0°02'05"W.=, along last named parallel line a distance of 60.05 feet; N0'87o42'42"W.', 362.'05 feet to the true point of beginning.