HomeMy WebLinkAboutReso 1959-2321 . y ,
' RESOLUTION No 2321 • .
• RESOLUTION,'OF THE'CITY COUNCIL .0F ,THE CITY ' t`
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OF CHULA VISTA,, CALIFORNIA .APP$OYING`SPECIAL ' •
' , COUNCEL AGREEMENT WITH O'MELVENY & MYERS •
THE CITY,COUNCIL OF THE CITY OF,CHULA VISTA,` DOES HEREBY RESOLVE
. ' AS FOLLOWS. ' . , ,
. „ That. certain speciat Counsel agreement submitted by O'Melveny ` •
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and Myers, a copartnership,"a copy of which is attached' hereto and '
• ° ode a ,part• and parcel hereof, as though fully set forth herein, is .
hereby, approved°;;and th Mayor and-City Clerk of the City of Chula , •
Vista ale hereby authorized and directed to execute the same for
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and on beha of' the it of ;Chula Vista. . .
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 22nd day of September 1959
by the following vote, to-wit:
AYES: COUNCILMEN McAllister, Smith,McMains,DeGraaf,Menzel
NAYS: COUNCILMEN None .
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ABSENT: COUNCILMEN None •
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or • ae yo . tis
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'STA OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista,
California, DO HEREBY CERTIFY that the above and foregoing is a full,
true and correct copy of Resolution No. , and that the same
has not been amended or repealed.
DATED
City Clerk
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956' - 100 .
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SPECIAL COUNSEL AGREEMENT . .
. • . (Vehicle. Parking" District Act' of•1943)
• THIS AGREEMENT, made the 22nd day of September ,
.195 q, by and between the CITY OF CHULA VIS'AJ CALI 'ORNIA,
• a municipal corporation, hereinafter called "City," and
Q+MELVENY & MYERS, a copartnership, hereinafter called
"Attorneys"; . •
' W I T N E S S E T H .
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• The City •contemplates that'a petition will be
filed with it under the Vehicle Parking District Law of • •
1943 (Part 1 of Division 18 of the Streets and Highways
�.. Code of the State of California) for the formation .of a •
parking district in the City in the vicinity of between
"B" and "F" Streets and Church and Landis Avenues ,-
and the City desires to cooperate with the proponent '
property owners in the proposed district to that• end,
• and desires to employ the Attorneys to perform the legal •
' serviees hereinafter set forth which will be required =• •
both before and after such petition is filed.
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. II. .
- The City employs the Attorneys to furnish legal •
services herein set .forth for the compensation herein
stated, and the Attorneys agree to furnish the legal serv-
ices• herein enumerated for the compensation hereinafter
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• stated. •
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The Attorneys are to consult with and advise the
city: officials and the proponent property owners in con-
• nection with such proposed petition, are to draft such
petition or assist in the drafting thereof, and are to give
• , instructions regarding its circulation. After such peti-
tion is filed, the Attorneys are to advise city officials •
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• in regard to the proceedings for the organization of such
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district, the levy of the assessment, and the issuance and
sale of bonds of the district, and are to prepare all ordi- •
nances, resolutions, notices, bond forms, and other documents
required in the proceedings, The Attorneys shall also exam-
ine all proceedings step by step as taken, and when the
• proceedings are completed and said bonds are sold are to
issue their opinion or opinions upon the validity thereof. •
• • The City agrees to furnish to the Attorneys certified copies
of all ordinances, resolutions, affidavits and other docu-
• ments relating to the proceedings and necessary for the
• purposes of a transcript upon which the Attorneys can make
• their examination and issue their opinion. The services to
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be rendered do not include any services in connection with
the acquisition of property by contract, or in connection
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with the condemnation suit if such suit be filed to acquire
the property proposed to be taken for public parking places,
or in connection with any other litigation.•
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• III,
For the services to be rendered under this agriee •
ment the-City agrees to pay the Attorneys a fee equal to the
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following percentage of the total of the cost of the real property
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and rights of way purchased or condemned in std proceeding plus
the estimated cost of the proposed improvements thereon, to wit:
2% of the first $300,000 thereof;
1% of any excess over $300,000;
but in no event shall such fee for a completed proceeding be
less than $1500. Such fee shall bepayable as follows:
(a) $500 thereof upon completion of the final draft
of the petition and the giving of instructions regarding its
circulation.
(b) Upon completion of -the hearing on the ordinance
of intention, one-third of a fee computed under the above sche-
dule as applied to the estimated costs stated in the ordinance
of intention, less the previous payment made under (a) above.
(c) The balance upon the issuance of bonds in said
. proceedings, or, if all assessments are paid in cash, then upon
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the termination of the cash collection period.
Should the contemplated proceedings be abandoned or
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discontinued at any time, the Attorneys shall be paid a reason-
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able fee for all services rendered to that time, the amount of
such fee to be fixed by agreement between the City and the
i Attorneys, and there shall be deducted therefrom any previous
payments made on account as hereinabove provided.
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In addition to the foregoing, the Attorneys shall be
• reimbursed:by the City upon monthly statements for any out-of-
pocket expenses incurred by them in the course of this employment
for long distance telephone calls, telegrams, travel at the
City's request, and similar items.
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IV.
This contract shall be binding upon and inure to
the benefit of said firm of O'Melveny & Myers as presently
constituted or as changed hereafter by the death or retire-
ment therefrom of any present partners, or by the admission
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of new partners, or by the death or 'retirement of any thereof,
provided that the opinion of the successor firm upon munici-
pal bonds, whether under the same name or otherwise, is
accepted by bond dealers and bond buyers as readily as the
opinion of the firm as presently constituted,
IN WITNESS WHEREOF, on the date first hereinabove
written, the City has caused this instrument to be executed
• on its behalf and in its name by its Mayor and attested by
its City Clerk, and O°Melveny & Myers, of Los Angeles, has
• ' caused this instrument to be executed on its behalf and in • ,
its name by a partner,
CITY OF c wtd+ VT ''A
By Ji /
ATTEST: . L' • Mayor
City Clerl�
(SEAL) .
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AP AS TO FORM this
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day'.of ,p tibn,h ,
• 195c��
City Att ney
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O°ME & M
�By /
Partner
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