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HomeMy Public PortalAbout617 (02-13-29). � ' " .. � .. � ) '" ��* G�_ .i[A . V . �+. . . . . �•5;:;�.. . ,a_ • . � _ �„* � ., ' }���� - _ . � � . ., � � � 1 .. r. Y � � � � .. , . . �_. . , •. � . . . ' . . .. . , . , . .. . . . . � .. .. . . . ' . J ." . ' . � . . . , � . . . . , : ' . . . RESOLUTION N0. : � ' . IN.`THE I�ATTER OF �1CQUISITION ;AND I�hPROVEr�1ENT . - . °DISTRICT NO�.` 39 OF'THE' CITY OF LYNi00D; CALIF. �' .. .; , ., . ... . , � " ACCEPTING 4PORK 'AND� FIXING AkOUNT' OF BONDS :` . , . . ;� .,.� . . ., �; VVHEREAS,• tne Contxa,ctor and the Superintendent of Work.in. the matter oY the work and improvement in the above mentioned- ;: AcQui.sition'and Improvement District No.•19,:heretofore; on the- .� 39th day.of.Janua.ry, 1929,,duly filed with,the City Clerk_of the . � Citp of Lynwood; California, a written declaration that the work - ` '`- and improvement�in said Acquisition and Improvetnent•District No.19., had been completed to the contract on file therefor; -. • � `together avith a written statement of the amount due under the � -, ,•,_ contract 'and also �,a.n itemized stat'ement �of incidental expenses of � " the�work,and improvement, inclusive of�the est3mated'coat of ` publiehing the Notice of Final He�.rin� and.,the amount to be paid', ` ' the Contractox by the County of Los Angeles, a.nd also the',total - ' sum for which bonds o3 the said district are claimed by the Con- �,•, tractor and by the Superintendent oY PPork,' as required by law;. ,; .. � reference to which said Declaration of Completion;ls hereby made•..;. for all det�,ils= thereof as fully .and' to tYie .same e$t'ent as though � • , declaration were •copied a"t 7.ength 2ieretn, and - ', . _ , _ F�'HEREAS, the`Citq,Council�of'the City�of Lynwood, California., - - did on 29th day of January,.1929, adopt a resolution fixing � � , � Y9ednesday, ,-the•°-13th°dap of � February; .-1929; at- the hour o�� 8;�,00 •, - . -- � ,o�clock, P.•M.,.of said day, as the day and hour, and the Chambere , ` . ; of�said City.qouncil as the ple,ce for a hearing for the.purpose . ,. .,"of determining'whether or not.the wor�s and improvement should be �- accepted as having been completed aocording�to'the coritraat, and , �`for determining'the aggregate amount for'which ea3d.bonds.shall ,;. ' be.iesued to.the contractor or his assignee thereof�; and of fur- :' . `• =� ' riishing anopportunity to.all persone.interested�in-any-of the' _ , work or improvement done under the said�proceedings,. or in any • .." matter affecting_said improvement and the assesemerit district - .`therefor; and feeling aggrieved�by.any act�or,determination dpne , `�or made.in�the said pxoceeding�or clalming that any of'the.pre- vious acts or proceedings are°irregular, defective, erroneous�or ' faulty, or claiming that.the work'or improvement has not been.' - -: �performed according to the oontract in'�a�good and'substantial . manner, or_claiming.that any portion of the work or impronement . - for any reaeon was omitted or illegally�included in•the c,ontract fox the same,.or having any objectione to offer':or any reason to• '' � � advance why bonds should not be issued in the asrtount set forth in . the'3eclaration and statement on file, to:appear before said City. •, -' Council and by it be heard upon:-any of the.above mentioned matters, and . ._ . , . _ . ti4HEREAS, thereafter of•the sa,id City of Lynwood '. °'` �and ex-officio Clerk of said City .Council, did duly.post and �` � publish a notice of said hearirig in the manner and form and withiri ' � the time and for the period required by 1aw, and that more thsn .- ` ten (10) fuZl�days have.elapsed since the date of firet ' publication oP said notice, and • � . ' WHEREAS., on the 13th day"of Febxua:ry, 1929,"at trie time and �' `;place in said resolution an& notiae,specified therefor, the City �. Gouncil of said Citp of� Lynwood>convened,for the purpose of hearing .. .'� ��.. "• . ���A. .c"�� � M � .. '� .. �' : .A�.. Fa� ✓. � .. � - ._.'". ' � , x .� . . ' f . . . . > , . _. . _ . . , - . : , .. , .. , .. - „ . , . . , .. . , , r . ,.. m ; . d.,.. . . . `, _ '. , _ _ . _ . ,. - _. . - . �" �. l . . . _ ,> � ., _ _... .. , _ . ,. ,., . .- . .. . � - . ., � . . . - � ' . ° , . +nia��. . . r �'°any p"rotests.or�objections to the acceptance_of.said work and � aiiy other matters mentioned in said notice of final hearing, reference to,which said,notice as eo�posted and publi'�hed,is ' ,., :';hereby made for greater certainty and wYiich eaid:notice is..in- � � corporated herein by reference,.as�fully and to the.same extent < ' "..as tliough copied.atlezigth herein, and:said Council did� at ' `said heaxing, hear any and all protests or objectiona.and state-. . -` ments'presented.3n writin� or orally, and a full�and complete hear2ng of all of said mattera was then had, and WHEREAS, this City Council is of the opinion that the work and improvement deacribed in the Resolution of Intention o3 the above entitled matter, reference to which said Resolution o£ In- tention is hereby made for a full description of the work or iarprovement and which said work or iraprovement is the work or improvement covered bp the contract therefor, has been completed according to the contract in a good and substantial manner, , .NOP! THEREFORE, BE IT•RESOLVED�by the� City 0oun,cil'of the Citq of Lynwood, California, as-folTows: ' � - ° 1. That all^matters and thinge required�by�law,to be had; ' 'done and talten by this City Council, by the Contractor`; by_the ' " Supexintendent Work,.by the-Engineer of Work.and,all ot�er per- sons �required �by law to perform a.ny aqts or thin�s in• connection vrith the said improvement,,have been auiy .ana regularly�done, had . ' and taken in the manner and form and within the time required"by law. ' 2.-That a1l�protests,or objectione, both oral or writteri, 'against the acceptance of•said work and the issuance of the bonds •thereforjin the amount.c3aimed by the Contractor be, and the same- ---- are hereby overruled end denied. . � � i ° 3. That this Ci�tp Council is:of the opinion and does hereby � find and declare tha.t the work and improvement in the..above en- I titled' matter he,s been completed'. and performed according to ,the, contract in•a'good and substantial manner, and,said City Council doea hereby accept said work and-improvement.. -� _ '4. That thE amount of the contract price for the doing oY said work or improvement speci£ied and perYormed is the e.ggregate sum of Two Hundred Six Thousand Five Hundred and Twenty Three Dollars and fortp c,ants.(�206,583.40)..._ . .. „ .�. ` 5. -That the amourit `of tYie `incidental espenses of the improve- ment� and of the proceedings in the above entit2ed matter relat3ve 'to�the improvement, which are to be paid by the contractor by de- ducting the same £rom the amount of cash to be.paid said con- tractor, as hereaYter set foith, is'the aggregate Thousand Two Htzn@red Thirty Eight Dollars and,thirty,-two_ cents (�15,238.32). � ' 6. That the sum or amount of money which wae agreed to be paid to ths Contractor by the County of Los Angeles out of its "Good Roada" fund, uuhich said sum has been heretofore transmitted to the Treasurer of the City of LymvoQd Por paqment to the=sai@ Con- tractor, is the sum of Forty-Five Thousand Dollars ($45,000.00), £rom which ehe3,11 be deducted the ramount of incidental eapenses aet • forth 1n paragraph 5 of this resolution, leaving the aum of Tarentp Nine Thonsand Seven Hundxed Sixty-one Dollars and sixty-eight � cente (�29,761.68) to be paid to the assignee of,said Contxactor hereinafter named in cash. 7. That the aggregate amount for which improvement bonds of said Acquisition and Impxovement district are to be issued to GRZFFITH COD�ANY, assignee oY the original Contractor, is the ' aggregate aum of One Hundred Seventy=8ix Thousand, Beven Hundred Sixty-`one Dollars and seventy-two cents (�176,761.72). ..: ._; 8. That bonds be issued by the City Treasurer oY the City oY Lynwood, CaTifornia, in accordance with the provisions of the °Acquisition and Improvement Act oY 1925°; ae amended, designated °Series B", for the:total eum o3,One Hundred Seventy-six Thousand, $even Aundred Siaty-one Dollars and sev.enty-two cents (�176,761.72), end.delivered by said Treasurer to GRIFFITH COMPANY, assignee oY said original Contractor, unde,r written aesignment dated September 29, 1928, cvhich said assignment is now on file in the office of the' City Clexk oY Lynwood. 9. That all of the said bonds except the last, shall be in even multiples of one hundred.� The last installment shall be foa the balance oY the total principal amount not provided to be pa3d in previous installments. 10. That the eaid bonds shall bear interest at the rate of seven (7) percent.per payable semi-ennua.11y, the Yiret, interest paqment to be`made on the 2nd day of July, 1930, and the last installment of interest shall be payable at the maturity oY._ the bonde, and the aggregate principal of all the said bonds to be paid and dieoharged,within .twenty-five ($5) years aYter the date of.iasuance,.'approximately one-twentp-second (1/22) part oP . euch aggregate principal to payable annually, all in gold coin, and the first payment on the aggregate principal of the improve- ment bonde issued shall be made three (3) years after the issuanca thereof: ' 11. That the said'i.mprovement bonde to be iasued by the Citp Treasurer the eaid City shull be dated,February 13th, 1929, and ehall in substance (using designationa and Yilling blanks as appropriate) be.in,the..form as provided in section 39 of said Ao4uiaition and Improvement Act of 1925, and`the interest coupons shall be signed by the engraved Yacsimile si nature of the treasurer. 13. T2�at upon the expiration oP t�aenty �20) daye Yrom the making of this Pinal order, the Clerk oY said City Council ehall �transmit to the Treasurer of said City of Lynwood an atLested copy oP this resolution and order. . I hereby certify that the e,bove and Yoregoing reeolution was adopted at a regular meeting o3 the City:.`:Council of the City of " Lynwood, held at the chambers of ea3d City Council on the 13th � day of February, 1929, by the following vote; AYE$; NOES; ABBENT; .Councilmen None' None Tweedy, Skelton, Andereon, Greenaaryer, Murray ». �P. Cha man , Cler of the City.Council of the City oP Lynwood, CaliPornia.