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56R-3244 ,r-. { RESOLUTION NO. ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DEPOSIT WITH THE CITY OF PACIFIC LIGHTING CORPORA- TION COMMON STOCK AS SECURITY FOR THE FURNISHING, INSTALLATION AND COMPLETION OF ALL IMPROVEMENTS REQ,UIRED BY THE CITY OF ANAHEIM IN TRACT NO. 28)8 ~D AUTHORIZINt THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM. \l'HEREAS, J. J. DWYER and LEBA MAE DWYER have s ubmi t t ed to the City Council of the City of Anaheim a Tract Map for Tract No. 28)8 and have requested the City Council to finally approve said Tract Map; and WHEREAS, J. J. Dwyer and Lera Mae Dwyer have agreed to furnish or oause to be furnished and pay for all labor, materials and equipment and perform or cause to be performed and pay for all work to make and complete the following improve- ments inside of said Tract No. 2838, to wit: The construction and installation of all street improvements, including excavation, paving, curbs, gutters, sewers, including construotion of main lines, house connections and structures, street lights, street trees, street signs, engineering costs and other requirements. Sidewalks shall not be required on any streets in said tract except upon Westmont, When and if sidewalks axe constructed along other portions of said street by the City or the property owners. To construct and install all water mains and house laterals in said tract, all in accordance with the specifications of the City Engineer and the Superintendent of the Light, Power and Water Department of the City of Anaheim. Said improvements to be completed on or before twelve (12) months from date hereof; and WHEREAS, in lieu of the posting with the City of Anaheim of a surety bond or deposit as required by Section 11612 of the Business and Professions Code of the State of California, the said J. J. Dwyer and Lera Mae Dwyer desire to deposit with the City common stock of Pacific Lighting Corporation in an amount estimated to be necessary to pay for the cost of all labor, materials and equipment and the per- formance of all work for the installation and completion of said improvements as a guarantee that they will make and complete said improvements as herein required and pay the costs thereof. ",-.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM that said J. J. Dwyer and Lera Mae Dwyer be, and they are hereby, authorized to deposit with the Oity of Anaheim 1,000 shares of the common stock of Pacific Lighting Corporation of the esti.mated value of Th~Y-fine 'PhOll!IAM. __ Dollars ($ 39,000.00 to be held by the City in accordanoe with Section 11613 of the Business and Professions Code as security for the faithful performance of an agreement to be made and entered into by and between the Oity of Anaheim and said J. J. Dwyer and Lera Mae Dwyer, husband and wife, for the furnishing of all labor, -1- - ....-. ,- "..-., materials, and equipment and the performance of all work to make and oomplete the improvements hereinabove mentioned and described in said Tract No. 2838 upon the terms and conditions of the agreement to be made and entered into by and between the City of Anaheim and said J. J. Dwyer ~nd Lera Mae Dwyer this day submitted to and approved by t!.1e C:lty Council and hereby incorporated by reference and made a part hereof. .. . AND BE IT FURTHER RESOLVED that the Mayor and the 01 ty Clerk be, and they are hereby, authorized to enter into and execute an agreement for and on behalf of the City of Anaheim with J. J. Dwyer and Lera Mae Dwyer, husband and wife, in the form this day approved by the City Attorney and the City Council, incorporating the provisions of this resolution and providing for the use of said stock 80 deposited by the City of Anaheim, or so much thereof as may be necessary, to reimburse the City in the event of default by said J. J. Dwyer and Lera Mae Dwyer in the performance of said agreement and that said agreement shall be da.ted the 25th day of April, 1956. THE FOREGOING RESOLlTrION is signed and approved by me this 24th day of April, 1956. ;> ~-- /<" ,.,;.. "', ,,'J'.. r _."'" _ I - .. ../. /'. /~ ( ~ c0-L..C.~ c.f /~ MA OR OF THE CITY OF ANAHE ATTEST: L ))t. ?u2~'l: A'M.V- CITY CLERK OF THE CITY OF ANAHEIM .....~ -2- STATE OF CALIFORNIA ~ COUNTY OF ORANGE 85 CITY OF ANAHEIM ---- . I, DENE M. WILtIAMS, City Clerk of the I:City of Anaheim, do hereby certify that the foregoing resolution was adopted upon a final reading, at a regula~,meeting of the City Coweil of the City of Anaheim, held on 'the 24th day of April, 1956, by the following vote of the members thereof: AYES: OOUNCILMI1:N: Pearson, Coons, Fry,~Schutte and ,Wisser. NOES: OOUNCTI..MEN: None. ABSENT : OOtlN CILMEN : None. AND I Fl:JRl'HER CEIll'IFY that the Mayor of the CitY. of . Anaheim approved and signed said resolution on the 24th day of April, 1956. m WITNESS WHEREOF, I have hereunto set m;y hand and af1'iJo!ld . the seal of the City of Anaheim this 24th day of April, 1956. ! . --.-'. '- <>,- ..: /v~~ )/1. 2-/~~ CITY CLERK OF THE crry OF ANAHEIM. . . (SEAL ) --.-