CC Resolution No. 4304.01 . . 1
• • W,TI~B,:KIJ:v 10-26=76-2
.RESOLUTION N0. 43_ ~ ~
__.A RESOLUTION OF THE CITY COUNCII~ OF THE CITY _OF , ~
. - CUPERTINO APPOI2dTING El'~GIIQEERS. ~AND ATTDRNEYS _ .
NORTH DE ANZA BOULEVARD
~ ~ ASSESSMENT DISTRICT ~:.NO:: ~ :7b-14
~"~RESOLVED, by tne.City Council of the City of Cupertino,
. California, that ~
Y WHEREAS, this` Co~mcil`~ has determined to ~undertake~~~-proceedings ~
....pur.suant to appropriate assessment and assessment bond~ ~cts for the
= - acquisition -and construction :af._gublic.-impravements ,:in ~said City;
WHEREAS, the public interest and general welfar.e. :will _be
served by appointing and employing engineers and attorneys for the
. preparation and conduct of said proceedings in connection with
said acquisitions and improvements; ,
NOW., THEREF~RE, IT IS ORDERED, as follows : .
1, That Richard Kier, Rier & Wright, Civil Engineers &
Surveyors, Inc. , Santa Clara-~- ~California, be, and he is hereby
appointed as Engineer of~Work~=.and employed to do and perform all
~ ~:~engineering work necessary in azid for said proceedings, including
the preparation of report, estimate of costs, plans, specifications,
_diagram and assessment; and that his compensation be,,and it is
hereby fixed at a reasonable engineering fee~for all of.s-aid en-
gineering, said fee to belacidentalbe tenseofcsaidfproceedings.
and.to be assessed as an il XP
~ 2.. The Director ~of Public Works of said City is hereby
directed to~.examine and approve.the engine~ering documents, and to
provide inspec~ion~of the construction of'~said improvements and
to accept.said work when done to his satisfaction. The cost of
said inspectian~shall be assessed as an in~cidental expense of said
proceedings. . .
~ 3.:...That the~law firm of Wilson, Jones, Morton & Lynch; San
- ~ Mateo ,`California. be . and they are herebq appointed .and employed
~ to do and perforta all legal services r~quired in "the conduct of
said proceedi.ags, including the preparation of all papers not re-
. quired to be prepared by the Engineer, examining and approving the
_ engineering documents and advising ti~e Engineer in the preparation
of his work, advising all city officials on all matte=s relating
thereto when called upon, and furnishing their legal opinion on
the validity of said proceedings and bonds,--aad that their
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compensation be, and it is hereby fixed at 2-1/2'0 of the total ~
~ assessment..together with reasonable fees.for services in
acquiring easements or in emi.nent domai.n or.other suits, _
to 'ue assessed ~as an i.ncidental expense of said ~procee~dirigs :
~
4. That the fees provided to be paid he=ein be paid from
said assessments to be levied and bonds tv be issued, and not
otherwise. ~
* * * * * * * * * .
~ PASSED AND ADOPTED at a regular meeting of tke Cit9 Council
of~the City of Cupertino this 2n= day of November, 1976, by the
following vote: ~ ~
Vote Members of the City Council
AYES• Frolich, Jackson, Nellis; 0'Keefe, Meyers
NOES : None
AgSENT,: None ~ -
ABSTAIN : None
. APPROVED: ~
- Mayor, C ty o Cupertino
ATTEST: ~
/s/ Wm. E. Ryder
lty EZ .
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