HomeMy WebLinkAboutRESO 1546,•
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R E S 0 ~ U T I 0 N N o • 1546
"WHERE.AS, tt1e City Council, by Resolution No. l486t
~o. ted the 11th C!ay of March, 1946, approve(! aoo accepte~
an offer· of' L. Cedric Macabee, Engineer, am Mcssr3. :Urkbride
& Wilaon, ettorneys-at-lav, ~hereby said engineer Qnd attorneys
1 wez·e employed to pex·fo:rm the necessary eng1nee:r1ng sm legal
I services 1n connection 'With th~ prc·ceed1ngs known 81! City of l.. Palo Al to lrnprovement Proceer:l1ngs P;::·oject #46--t; and,
WHT'qEAS, sn1d offer or services contained A Pt\l'eg:r·aph
that ~~lid engineer am nttorrieya shoul~ be pa1o their compen-
sation .:;·or the VOI'k outlined in said offer 1 in progres8 pay-
ments at the time payments are made to the contractor e:xecutin.g
the -work, in such amr.rnnt as -will be 1n direct proportion to
the·prog:reas payments made to the contractor; £i.nd,
WHEREAS, a contract has b~en let to the Ur..1on PAvit'lg
Company for the performance of said -work covered by said
Project #46-4; ar~
'WHEREAS, due to conditions beyond the contr.ol of said
engineer aoo attorneys, said wor•i< cannot proceed for several
months; t.nd,
WHEREAS 1 said engineer fH1c'i attorneys have performed a
major po.:r·t. of the se1·v1cea to be performed by them in con-
nection -w1 th said proceedings aru3 as yet have received no
compensation because of' the !'act tht1 t se.1<.l vork hes not pro-
ceeded occorCling to sche~ule;
NOW, THEHEFORE, th~ Council o~ the City of Pnlo Alto
DO RESOLVE as follo'Ws:
Th~ L. Cel'l:ric .Macabee, Engineer, and Messrs. K1r·k.bride
& Wilson, attorneys-at-law, be paid out of the assessment
moneys collected in coruwction wlth Project #46-4, 5~ of
their estimated fee for the professiorill.l services rendered
by them in connection vi th said project, aa.1\l fee to be
computed 1n accordance with their offer of services dated
.Februar·y 28, 1946, anCI based upon the amount of the bid for
said <,ror:< ms.de by the Union ~ev1ng Cc1mpany, -which bi(j has
heretofore be~n accepted by this Council.
Bl!; B.1 I-t'UR'l'h.J;<;.K Hb:::>oLVED that no further payments on
nccount oi' said engineer· ts and attorneys' fees shell be made
until progress payments are mac.1e to the contractor afteI' 50..~
of the vork und improvements az·e completed by saiCI contri:.tcto:r,
it being the intention of the Cou~cil to pay the remaining
50-,h oi' the fees of sa.1.d engineer and attorneys in accordanct?
with the terms of t.heir offer mentioned above an6 date<'.1
February 28, 1946.
The above and fort'lgoing resolution vas Cluly and regu-
larly l)BSsed by the Council Of the C1ty or Palo Al to ct n
regular meet.ln.g hol~ on the 9th. dey of December, 1946, by
the follo"'ing vote:
AYES:
NOES:
ABSENT:
i3eene I n101.s' Bcla.ncl1:H' I Bo-wden, Cornish, Fr~edman ..
Linder, .Merner, Mitchell, Morten, Rlchards 1 Tho!ts,Thom.'.:.s
None.
Bentr·ott
NO'".r VO'l'lNG: Cashel. /1 PPROVED:
ATTEST:~~ if.Mu.:,_.
Mayor
171
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