HomeMy WebLinkAboutReso 1954-1554 1954-1554
O'Melveny & Myers
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- • . RESOLUTION N0. 1554 -
' � . . C[ . .� ' • . .
' • � �. '`RESOLUTION "OF' THE .CITY, COUNCZL ' ': ,
• . OF THE CITY OF� CHULA VISTA, '. '
' .' CALIFORNIA', .APPROVING .AND ORDER- � - • -
�.. ING- EXECUTION OF A SUPPLEMENTARY� � �
• - CONTRACT •CONCERNING SPECIAL ` .
. ATTORNEYS . . . .
• . (Assessment Distri'et No . .3-1954) ` � .
-_ - WHEREAS , heretofore, on ,the 21st day of October,
, 1952, a Special Courisel . Contract was entered into by and �
between the CITY OF CHULA VISTA and 0 'MELVENY & MYERS,- �
- attorneys; . and - ' - -
� , WHEREAS , it is to the interests of .the City to
amend:said contract with respect to the services to �be
- , performed anti' the, compensation to be oaid said attorneys;
� ' _ NOW, THEREFORE,, the City Council of' the City of
Chula Vista, California; DOES HEREBY RESOLVE, DETERMINE AND
� 'ORDER that said supplemental 'contract be and the same hereby
, is appro'ved, .and the Mayor of the .Ci.ty of Chula Vista is � �
hereby authorized and directed to sign -the same for. and on �
behalf of the City, and the �City Clerk is hereby authorized
� and directed to attest said contract and date the same on
_ the date of approval of. this resolution:
ADOPTED, SIGNED AND APPROVED this llth ,day of �
�y ,. 1954'. �
. . .' • " Ma o th it of
. . � ChuTa sta, Ca ifornia
� ATTEST: � - - • '
� Ci� erk of the �y o ' �
` _Chula Vista, California (SEAL) -_ , . .
. . ' •� • _ ' . . ` . I , , � , _ ; , ' �
��J ` . - . ' . � . ' .
. ' . STATE OF CALZFORNIA� . ). .. . . . . . . . .
COUNTY 0$. SAN DIEGO . ) � • • '
CITY OF CHULA VISTA ) ' '
` I, KENNETH P. CAMPBELL, City Clerk of the City, of ,
Chula Vista, California, DO HEREBY CERTIFY that the , fore-. �
going resolution was duly adopted'by the �City Council of �
, � said� City and was approved-by :the Mayor �of said C1•ty, at a_ •
_ - regular meeting of _said City Council held on
• " the llth day of. . •�.iay , 1954; and that � it'was adopted
by the�-following vote, to wit : , . • �
' _ AYES : CounCilmen ' Hobel: Rader. HalSertv,' ' •
� . � . � 'Riesland, De�'rolfe
' - • '- � --- r .
_ NOES : ' 'Councilmen ' " .,None'- ' '
' _ , � _ , _ . • -'' . � � ._ • ', . . . � : .
' j , ' ABSENT: � Counc•ilmen '� ' � idone -
.- - � . �, , . ;. : .
� . , , . ' . - -`-���.��.�.t�G�[ �.�.c�..�,��
. , � . • . C y lerk of the C y. o c
(SEAL�) � - _ , Chula. Vista,. California. • .
, . .
. . � 2. . . �.
.... ........ ...q-.`:."� __"
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SIIPP�:?�?�'PA�, S'rECIFL CO"JNSEL CONTrZ4CT
THIS SIIP?L:I✓!ENTAL AGRnEMENT, made and entered
into this llth day o� May , 1954, by and between
- - CITY OF C?ULA VISiA, a e�unicipal corporztion (herein2�ter
sometimes called "the City"), and 0'P'P�,LV�NY ?c �r.RS, atto;neys
(nereina="ter sometiaes c211ed "the Atto^n=ys"), --
'vi I T P: � S S E T H :
k'I�REAS, heretofore, on the 21st d2y of October,
19j2, a Special Counsel Contract was =ntered into by and
between the City an3 *he Actorneys, providing °or the Attorneys
to render certain servlces in connection caith the construction
o� certain curbs, gutters, sidewalks, oaving and storm drains
- on Plation2l Avenue, G St:eet, Hilltop Drive, D Street, 2nd
other streets in sai3 City, under proceeflings taken oursu2nt
_ tc the Improvement Act o? 1911, the orincioal conoensstion to
be p2id sai3 Attorneys for said services being based upon a
percentage of the contract price o� said work; and
WI�REAS, it now appears that said contract price
�or s21d work may be in excess of that origin211y contemol2ted
by the City and the Attorneys and for tnat reason the compea-
s2tion of the Attorneys may be gre2ter th2n that usuzlly
ch2rged by sa13 Attorneys �or similar services on proJects of
- th2t size; and
� � FiHEREAS, the City and the Attorneys de�ire to �mend
said contract with respect to the compensation to be paid
said At'torneys :or s2i3 se^vices; 2nd
� O � �j - �� �
,�_is��
W?-IERF�S, the improvement �roposed to be con-
� structed has been extended to also include the construct±on
o_° certain s2nitary sevrers, house connections and other
, � � . , work;
NOW, 1f�.cR3r^0�, tne parties n=reto 2gree as ?ollov:� :
1, That Paragraph 2 of said contr2ct be amended
to re�d as iollows:
"2. For the services described i� Pzragraph 1, the
compensstion to be naid the Attorneys shall be two oer cent
(23) of the first $300,000 of the contr2c't price o� said work
and one per ceat (lp) oi tne contrac't price o: said work ir�
exc°ss of �300,000. Szid compensation sh211 be included 2s
part of the incidental expenses of s21d proceedings oursuant
to the Improvement 2ct of 1911 and shall be oayable uoon com-
olet±on oi the work ar.d the corLfi:m!�tion oi the assessnent
levied therefor. In the event the proceedings 2re abandoned
prior to the letting o° the contrac't, ihe compensation shall
be a reasonable fee to be sgreed upon by s2id City Council
2n3 the Attorneys, and shall not exceed one ner cer.t (l�p) o`
the estimzted cost of construction based unon construction
costs orevailing 2t the time of zbandonment. Ia c2se of sucn
zbandonment s&id �ee shall be paid by the City. '.'
2. ihe imDrovement to be constructed in said
1911 Act proceedings, in 2ddition to the work soecified in
the first par2gr2ph oi ihe recitals hereo° shall elso inciude
' � . . cert2in sanitary sewers, sanitary sewer hous= connections;
� , drivew2ys or 2n�� other work ordered to be included in said
oreceedings by the City Co.uicil.
�
3. Tnat except 2s otherwise orovided 'nerein
the �erRS 2nd provisions oP said contract o. October 21,
1952, snall renain in �ull iorce znd e`�ect.
IN h�ITNESS W:�REOF, the psrties hereto have
caused this cont^act to be executed in duplicate the day
°irst nereinabove written.
_ _ . CIiY OF CHtiLA VISTA,
a municipal corooration
�Y
. yor
:: ..�.:..:... . ... .:..
�^TEST:
_. .: '.... : : .: . ."
� �
City lerk of the ty oF
Chula Vista, Caliiornl2
(SE?.L)
0 '�LVE & MY�'G��
�
By �
P2rtner
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