HomeMy WebLinkAbout08 09 1972 CM65
Minutes of a special meeting of the Mayor and Council held in the city municipal building
August 9, 1972.
Meeting called to order by Mayor Cotant at 6:~0 p.m.
Present: Mayor Cotant, Councilmen Kinghorn, Menard a nd Romriell, Attorney Wise and Clerk
Vera Armstrong.
ATTG~NEY CONTRACT AGRE~.MENT FOR SEWER PROJECT - Purpose of the special meeting was to discuss
the agreement with Attorney Wise for required sewer attorney work and fee. Mayor Cotant
read agreement. Suggestion was made to change the amount in agreement from 1% of total
project to 1% of awarded bid cost. This was agreed upon by council and Attorney Wise.
Agreement calls for 2/3 payment when bonds are sold and 1/3 payment at completion of
project, this questioned as being proportioned properly. Mayor proposed ½ at each of
these periods of time and Council and Attorney Wise agreed to this.
Mayor said he felt $35.00 per hour was too high of an hourly fee on litigation work.
After discussion a $25.00 hourly fee was agreed upon by Mayor, Council and Attorney.
Mayor also proposed that bonding attorney's check be made in names of bonding attorney
and city attorney. Attorney Wise agreed to this as did the Council.
Councilman Romriell made motion council approve Mayor signing agreement with Attorney
Wise with the following changes in compensation.
1. Change total fee from 1% of gross amount of sewer system to 1% of awarded bid.
2. Change schedule of fee payment from 2/3 at time funds are available from sale of
bonds and remaining 1/3 upon construction and the rendering of Attorney's final
opinion to 1/2 of fee at each of these periods of time.
3. Hourly fee in paragraph #3 be $25.00 instead of $35.00 per hour for eminent
domain litigations.
Councilman Kinghorn seconded the motion and it carried unanimously.
The above motion and signing of agreement is predicated on the Mayor finding out if
the amounts agreed upon are allo~ed for in cost schedule of project.
Mayor asked Attorney Wise to make a report on progress of signed easements August 23.
If additional help is needed to secure easements at this time the Attorney and Council
can make necessary plans.
SUB-DIVIDING - Councilman Menard suggests sending certified letter with return requested
to Gary Carlsen, who is supposedly selling lots, that he falls within the i mile
jurisdiction of Chubbuck and will need to comply with city ordinance when he sub-divides.
Approval was voiced to this with the exception of councilman Romriell who stated he
felt a letter should be sent to all.
Meeting recessed until further notice if necessary at 7:00 p.m.
t
~ 'J n O. C tan J., May
Vera C. Armstrong, City clerk ~