The URL can be used to link to this page

Home My WebLink AboutReso 1952-1366 RESOLUTION NO. 1366 4*,;`';' ,,, . , ' y Y;r' r °RESpLUTIO Nr NO. 1:366 ` ES,C.LUT,IoN OF .THE,,QIT ' QOUNCI- OF THE , . N F•; C STY' OF! 'Cf I;A ,V-I STA,> APPROVING AND. _ ', I i,. ,`, ORDERINq.'Tti ; EXECUT ION' OF A1C6-NTRACT ' EMPLOYING SPECIAL ATTORNEYS. , WHEREAS, this City Council proposes to initiate a • ' proceeding under' the Improvement Act of 1911 for the 'construe., tion of certain curbs,, gutters, sidewalks, paving and storm drains on Nati.onal Avenue,- G Street, Hilltop Drive, D Street and other streets in said City- and it is .desirable to employ . attorneys to prepare the; proceedings and s-uper',vise the. conduct of same; and • WHEREAS, '0?Mel ve,ny & Myers are attorneys specially trained and experienced" in that type of practice and a 'contract covering their special services on said legal matter has ' been ' pre'sented to this City Council; ' . ' NOW, , THEREFORE, the City Council, of the City of Chula Vista, California, DOES HEREBYRESOLVE, . DETERMINE AND. ORDER that said contract be and the same is thereby apprbved ' and the Mayor. of this City is hereby authorized and directed ' to sign the sarrie for and on behalf of the City and the City Clerk is hereby authorized and directed to attest said contract' and date the same this 21st day of October , 1952. ADOPTED, SIGNED AND APP ROVED this 21st , day of. . . October , 1952'. . . 0 Ifikt, :A , - / 0 . . , ' i`re, a O�'' p1-\C 't 1' of ' -'6‘..„' C,oy' ' Ij ,,` '(;a1 if ornia ATTEST: •,. , . f >:,: ' c rlElerk 6 t o �i , ' .b ,Chula Vistaj Call.forriiaf '',', , ..,, `; .A.L.)', - .. ' ill-- Tr 77 :' , t .< • STATE 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 foregoing resolution was- duly adopted by the City Council of said City and was approved by the Mayor of said City at an adjourned regular "meeting df said City . Council held on the 21st day of 'October; 1952, and that it was adopted by the following vote, to wit : AYES : ' Councilmen Logan, DeViolfe, Halferty, Riesland, Hobel NOES : Councilmen 'None a ABSEI'T: Councilmen None % r " • S ..w- \ \\�, s nv ` � '`t �e� y'° Jerk of th Gait r6,_4 •V' . 04,X ( City of „-) " (SEALly;C A-k,, '41\ " " 3Chu�la Vista, California • . P a ti '_+i M c 6 • '� . "° N,N. r `4' • : b` mo r • 4 "` • Vv . . , f 2. . 4 SPECIAL COUNSEL CONTRACT THIS AGREEMENT, made and entered into this 21st day of October, 1952, by and between CITY OF CHULA VISTA, a municipal corporation (hereinafter sometimes called "the City") and O'MELVENY & MYERS, attorneys (hereinafter sometimes called "the Attorneys" ) WI T N E S SETH : WHEREAS, the City Council of the City of Chula Vista proposes the construction of certain curbs, gutters, sidewalks, paving and storm drains on National Avenue, G Street, • Hilltop Drive, D Street and other streets in said City under proceedings taken pursuant to the Improvement Act of 1911, and desires to employ the Attorneys to perform services required in the preparation of said proceedings and also desires to employ the Attorneys to examine said proceedings and issue their legal opinions thereon to the City, the contractor, and his assignee, if any; and said Attorneys are willing to undertake the employment upon the terms herein mentioned; NOW, THEREFORE, the parties hereby agree as follows: • 1,01 1. The City hereby employs the Attorneys to furnish, and the Attorneys hereby agree to perform, services required in the preparation of said proceedings, including the following: (a) Examination of titles to all easements or other property (including dedication of the streets) in which the proposed improvement is to be located. rla -C40 (b) Examination of the plans and specifications for the proposed work and of the assessment district map or diagram, and assistance, instructions and advice in the preparation thereof. (c) Examination of the assessment roll and diagram, and assistance, instructions and advice in the preparation thereof. (d) Preparation of all resolutions, notices, • contracts, bond forms, and other papers and proceed- ings- requir ed for the work. • 2. For the services described in Paragraph 1, the compensation to be paid the Attorneys shall be the sum of Three Hundred Dollars (300), except that in the event the contract price of the work shall exceed seventeen thousand five hundred dollars ($17,500) the compensation shall be two per cent (2%) of the contract price of said work, less the sum of fifty dollars ($50). Said compensation shall be included as part of the incidental expenses of said proceed- ings pursuant to the Improvement Act of 1911 and shall be _ payable upon completion of the work and the confirmation of the assessment- levied therefor. In the event the proceedings are abandoned prior to the letting of the contract, the compensation shall be a reasonable fee to be agreed upon by said City Council and the Attorneys, and shall not exceed one per cent (1%) of the estimated cost of construction based upon construction costs prevailing at the time of abandonment. In case of such abandonment said fee shall be paid by the City.' • 2. 3. The City agrees to reimburse Attorneys, upon periodic statements, for out-of-pocket expenses, if any, in connection with said proceedings, such out-of-pocket expenses : .. . to include expenses of telephone, telegraph and messenger charges disbursed by said Attorneys, and expenses of any trips to Chula Vista. 4. The City employs the Attorneys to furnish, and the Attorneys agree to perform, the following additional services in connection with said proceedings, to wit: (a) Examination of the proceedings, step by step, as taken. (b) The issuance to the City, to the contractor, and to the contractorts assignee, if any, of the Attorneys' customary legal opinions approving the proceedings, the contract for the work, the warrant with accompanying assessment and diagram, and the bonds issued to represent unpaid assessments. In its notice inviting bids for the work, the City may insert a provision that such opinions will be furnished at the expense of the City. 5. For the services described in Paragraph 4 hereof, the compensation to be paid to the Attorneys shall be fifty dollars ($50) payable upon completion of the work and the confirmation of the assessment levied therefor. Said compen- sation shall not be included as part of the incidental expenses of said proceedings but shall be paid by the City. In the event the proceedings are for any reason abandoned prior to the letting of a contract, there shall be no fee payable for any services rendered under Paragraph 4 hereof. 3. 6. The Attorneys are not expected to attend council meetings held in connection with the proceedings but shall attend the hearing on the assessment. Upon request of the Mayor or City Attorney, the Attorneys will attend any council meeting at which any action in the proceedings is to be taken. The services to be rendered hereunder do not include any litigation. 7. The City shall furnish to the Attorneys such maps, records, title searches and other documents and proceed- ings, or certified copies thereof, as may be required by the Attorneys for examination in the performance of their services • hereunder. • 8. This contract shall be binding upon and inure to the benefit of said firm of O1Melveny & Myers , as presently constituted or as changed hereafter by the death or retirement therefrom of any present partners, or by the admission of new partners, or by the death or retirement of any thereof, or any or all of such happenings. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed in duplicate the day first hereinabove written. • CITY OF CHULA VISTA, a municipal • .oration, By giv J,ril ■` 1 1 `` Mayor ATTEST: ■ ity Oler (SEAL) O tMELVENY MYERSS,,� By �GsicB / Y Par r