HomeMy Public PortalAbout645 (06-25-29). J
. .. '� W `.^ , a. . .
�.�
' , . ...�..!
,. . Y . ' . . .. . . • . . . ,. . , . . . , .
, � , HESOI;UTIUN.TvC�. 6'�-5 .� �
. - � * �.�= m . ,
- TP�T `L'ht, P.�T'Pk�?3 OP' �CQiTISITTCN liiJ� `IPr7YKOV;;��iL;PST � �
DISTRI'CT %TU.24 OI�' 1'F��, �I`i'Y J��+' LYrdi;00:�.
, , r , , .. . . , _ . . _ , _ ,. . , _. -
z , .. .. . ,
. ,.. � :T � � �= + �= _* . , , .
;, �t'�;SOLU`� IOId ACC�PTIATG '�.'Ol�F> �Pl�:.FIXING 9I:IOIJPIT � "
, . � _ _ . G�'. 30NDS.- � _ _ r
.. • , � � * � * . � , � �:. s: , ' " ,
, � ':713i:FcE�S, .the Contracto"r and the Superintender�t of
r�lork in the mat:ter of the vrork�snd improvement in the.above; ._
- mentioned �icqt�isttion and.Improvement Distriet P�o. 24;-here-
• � �ofore, on tne o::�� llth day of._. JUNE , 1929, duly filed.�ith�� '
', • the.City Clerk'of the City of Lyn:°�ood,California, a erritten
` declara,tion"that. the c*io improvement in'sai�i Aoquisitioii ,
and Improvemerit Dist,rict I10;.24, had been completed aecording .-
�' to •the contract on'file therefor,. togetiier v�ith �, �aritten ,
_ •• statement of the'amount due.under the contraat a�nd �lso an . �
itemized ststement of inci:dental�expenses•rof the >>°aork and .
, improvement; inclusive oT•i,he estirr:ated cost of'publi�hing '
� � • �- 'the �otic� of rinal Hearing �and' ;also�'the total sum for ��hich
bonds o£ the said district are claimed py the Contractor.and
` " " _ by tlie ' Superinterid'eri.t` of `r�ork 'r,eqizired�by �la�r, . ' 're£e . . . "�
i,o F�"�ich said Declaration o£ CbmF-letion is �h'ereby made for all '
• details-thereof'as �ully'and to.the sa�ne extent'as though. �• :
declaration c�iere aopied at length•,herein, and _
�
: , Wi3EREAS, :the City Cou.ncil �of the `City of'LynFrood, ' .
� Cali,f:ornia, did on, t'rie 11TH : day of JUIJ� ; 1"929, adopt a;
resolution fixing the.25th day o� JU1�?E;; 1929,
_ at the hour of ,'8:00 o'clock P,P4i,:�, of said day,. as the..day '. .
and hour , a.nd �:he. chambers of said City :Council= as-'th'e' place �. .
" for.. a.h'earing for. tne purpose. of det�rmining r�hether or' not
�� ':. ' the naork and im�ir,overnent should Ue aceepted � s having oeen .• "
oo?.^,ple•ted according to the contract, �and for `determiniri, the �
aggregate ar,ioiint for vthich said uonds shall be issu,ed to tne - •
, �.,contractor or his•assignee thereo£., and of £urnishing'�n op- �
� portunity to al7_.persons interested in.any of;the �:;ork or im-
•'` provement.done under the said p:roceedings, or in any matter
� • 'a?'feeting said .iinprov ,ment and the asaess?r.ent district there-'
- for, and feelin� agg aily act or determination done
or.made in the said proceedings or claiming that'any,of the
, °-. previous act;s or proceedin are irregula�r,' defec+ive, erron- _;,_ •
. � _ _ �
eous or faulty, or claiming that'the-i�ork or improvement. has "
• not been nerforn:ed� according to the contract ,in a good and
�, substa,tltial manner,.or claiming tnat any portion'of the �.aork
or impr,ovement i'or any reason vras omitted or_illegally includ-
� •ed iri:the contr�,et for the same, or having any.objections to '
� offer•or any reason:to advanee ^ehy bonds•'should:not be issued
in•the amount set forth in the;declaration and �statement_on £ile, �
, �` to �ppear before.said Gity Council and by it be-heard upon ariy "
�' ' of the above n:en.tioned matters, and '�� �
'v7I�RE:3S, the:reafter the Clerk,.of the" said City of �, `
,� Zyn�ood a:id ex-officio Clerk of sa:id City Council , did duly =
_ �.post aiid n6t'ice of. said,�hearing in-the,manner and �
�. � c form �nd rtithin the time and, ��or the period requi'red by law,--- �:
.__` and that more tharr ten(10) full da,ys.h3ve ela�$��'since the
, _ ,
, . . ,. � � -
. , � . _,.
. , �•
�
date of the first publication of szid notice, and
iIHEF.EAS; on the 25th day of JUNE , 1929, at the
time and place in said resolution and notice specified
for, the City Council o£ said City of Zynvrood convened for the
purpose o£.l�earin� any protests or objections to the acce�tence
of said t^rork and any other r�atters mentioned in said notice .
oF final hearing, reference to c�hich s�i.d notice as so post-
ed and published is hereby made.for grePter certainty and
�vhich s�.id notice is incorporated herein by referenoe,.as
�' fizlly and to the.same extent �,s though copied at length Ihere-
in, and said �ity Council did at said hearing, hear any and
� all protests or objections and stater�ents presented in ��*rriting
or orally, and a full and complete hearing of �,ll,of said mat-
te kyas then nad, �nd ' �
,Ih'�REAS, this City Council is of the opiniori tnat
the �nork and improvement described in the t�esolution of.In-
tention of the above entitled matter, reference to mhich said
Resolution of Intention is hereby ma�de for a full description
of the yrork or improvement and which said�vaorY, or improvement
is the �vorY, or improvement covered by the contract there£or,
has been completed according to the contract in a good and sub-
stantial manner,�•. " ,
1J0�7 THER�nORE',BE RESOLV�D bythe City Council
of the City of Zymnood, California, as follo*.�rs: �
1, That all matters and things required by la� to „
be had, done �.nd ta�:er_ by this City Council, by the Contractor,
bu the. Superintenden.t of r"lork, .by the Engineer of �dork �,nd all.
� other persons required b,y la�v to pe_-form any acts or things in
connection l:�ith the said improver�.ent, hace been duly and regu-
1� done, haa and taV.en in the manner and form and �mithin
the time reguired by'law. `
_. 2. `Phat�.a11 protests or objections, both oral or
nrritten, against the acceptance of said work.and the issuance
� of the bonds therefor in the amount claimed by the Contractor
be, and the same are hereby overr�zled and denied.
' •3. `Pha�t this City ,Coumcil is of the opinion and
does hereby find And_declare.tnat the vrork and improvement
in the avove entitled matter has b:en completed and perform-
ed accordin� to the contract in a good a�nd substantial menner,
and said City Council does hereby accept said �70?^k and im-
provement.
4. That the amount of tne contract price For the doi,ng
of said.��rork -or improvement specified and performed is_ the
aggregate sur� of One Hundred T�vo Thousand Ei�ht Hundred Sixty-
Nine and 02�100 Dollars (�102,809.02).
5. That the amount of incidental expenses of the im-
provement and of the proceedings in the above entitled matter
relative to the improvement, !��hich are to be paid bv the Con-
tractor by deducting the same �roln the amount o£ cash to be
paid said contractor, as here�fter set forth,.is the aggregate
s��m of �i�ht Thousand T�vo Hundr.ed Thirty -five and 44�100 Dol-
lars (�8,235.44), the amount of said. incidentals in s�id De�-
claration of Completion less the cost of Attorney's £ees to
-2-2.>
be incurred on appeal, to-i�i�: �1,000.00 and less the cost of
printing brief� to be incurred on appeal, to-wit:�200.00,
6 Th�t the aggregate amount for nhich improvement
� bonds of said Acquisition and Improvement d.istrict are to'be
issued to O,U. P�iiracle is the a�gregate sum of One Flundred
Eleven Thousand One Hundre'd and Pour +�.nd 46�100 Dollars �
(k111,104.46). :
7 That bonds be issued by the City Treasurer bf
the City of ignwood, California, im accordance �^iith the pro-
visions of the "Acquisition and Improven:ent Act of 1925,"as
amended, designated. "Series 9",. £or the total sum of One
Hundred ileven Thousand OnA Hundred and Four and. 46�100
Dollars �p111,104.46), and d�livered by said Treasurer to
O.U.R?IR9CZE, COntr�ctOr. '
8.,That a11 of the said Uonds except the last',
be in even multiples ,of one.hundred: The�last install�ent
shall be fot the balance of the total princip4l amonnt n•o.t
to be paid in previoue installments.
y
shall
provided t
9. That the said bonds shall bear interest at the
rate of Seven (-7) per cent per an.num, pa,yable semi-�n .
nua�lly, the first interest payment to be made on the 2d day.of �
JtTLY, 1930 , and the last installmerit of interest sh�ll be pag=
able at the maturity o£�the bonds, and the aggregate princiaal
of all the said bonds.to be paid and discharged �aith in
FIFT�EI�T (15) years after the date of issuanee,approxi-
me.tely one twelvth (1�12) part'oi'such aggregate priricipal
to be payable annually, all in gold coin, and the first payment
on the,aggregate`�rincipal of the improvement bonds issued
shall be made Four (4) years after the issuance there-
of.
10. That the said improvement.bonds to be issued
b,y the.City Treasurer of the said City shall be dated
June 25t , 1929, shall in substance (using desi;ntions
a:nd filing blanks �s appropz ) be in the �orm as provided
in section 39 of said "Acquisition and Improvemen� 9`ct of 1925",
and the interest coupons shall be signed by the�engraved;fac-
simile signature of the Treasurer of the City of Zynwood.
11.'That unan the expiration of Tvrenty (20) days
from the making if this final order, the Clerk of said City
Council shall transmit to the Treasurer of said City of L,yn;^r-
ood an attested c�pu of this resolution and order.
- - --- 6 - - - - •
I hereby certify that the above and £oregoing__re_ ___ ,__.�
solutiori i+ias adopted at a regular meeting rof the
City Council of the City of L�nwood, neld at.the chambers of
said e�ty co,an��z on the 25tii da,y o£ June , 1929, by the follorring
vote: —
AYES: , COUNCIL.R�ILN: Teze��dy,
NOLS: COUIdCIIuaiEN: NOIdE.
ABSEIJT: CUiTNCI�Pdr�I1: NOSd�.
i3. idi . P.4iJRKAY
PrtAYOR OF TI3. CI`PY OF ZYN6'JOOD.
SY.elton,. Anderson„ Lel�ris F� 3vIurray.
a! . V7 . CHAYIe2A Pd.
��ERI� OF TH� CITY COiIldCIL 0� .
1'rIE CITY OP LYN�OOD, CPLIFO??NIA.