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1953-2145RESOLUTION NO. 2145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHO=RIZING A REFUND OF A PORTION OF THE FUNDS DEPOSITED AS SECURITY FOR THE IMPROVETIELTS TO BE riADE IN TRACT N0. 1456. WHEEAS, Dr. Erwin H. W. Kersten and John J. Dwyer have heretofore submitted to the City of Anaheim a map of Tract No. 1456, which map was finally approved by the City Council of the City of Anaheim; and WHEREAS, they have agreed to furnish all labor, material and equipment, and perform all worX necessary for the improvement of all streets and alleys within said Tract, and tree installation of all sewer mains and lines, and water mains and lines in said Tract, all in accordance with the specifications of the City of Anaheim as prepared by the City Engineer of the City of An eheim; and WHEREAS, they have, pursuant to the provisions of Section 11613 of the Business and Professions Code of the State of Cali- fornia, deposited with the City of Anaheim the sum of 16,445.00 as security for furnishing of all materials and Performing all labor to make end complete all street improvements and install and complete all sewer lines and improvements in Tract No. 1456 as required by the City of Anaheim and in accordance with the specifications of the City of Anaheim as prepared by the City Engineer and have deposited with the City the sum of 08,257.00 to reimburse the City for all labor and materials for the instal- lation of water mains and lines in said Tract No. 1456; and 34 WHEREAS, all material has been furnished and all labor performed for the completion of the installation of the sewer mains and lines in said Tract and the costs thereof has been paid by Dr. Erwin H. W. Kersten and John J. Dwyer, and the City Engi- neer has estimated that the value of said sewer installation and improvements to be the amount of $4,000.00 and they have requested permission to withdraw that sum of money from the deposit made to secure the performance of said obligation; and WHEREAS, it is also their desire to have refunded to them from time to time Portions of the remainder of the funds deposited to secure the making and completion of the improvements of the streets and alleys in said. Tract as and when said improve- ments are made and completed by them and approved by the City Engineer; and H REAS, it is also their desire that the sum of $8,257.00 deposited by them to secure the payment to the City of the cost of all labor and materials for the installation of water mains and lines in said Tract shall be applied upon the cost there- of as and when the same are completed and that the excess, if any, remaining in said fund after the completion of said water mains and lines in said Tract shall be refunded to Dr. Erwin H. W..Kersten and John J. Dwyer; and WHEREAS, the City Council finds that the use of the funds deposited as security for the making, and completion of the improve- ments in said Tract No. 1456 as hereinabove outlined would not be detrimental to the City but would be to the best interest of every- one concerned. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL-OF THE CITY OF ANAHEIM that there be refunded. to Dr. Erwin H. W. Kersten and John J. Dwyer the sum of $4,000.00 from the funds deposited by them as security for the installation and comple- tion of the street, alley, and sewer improvements in said Tract No. 1456 and that the City Auditor be, and she is hereby, author- ized to refund said sum to them; and BE IT F 'RTHER RESOLI E'D that the balance of the funds, to wit: 412,445.00 be held as security for the furnishing of material and labor for the naking and completion of the improve- ments of the streets and alleys in said Tract as required by the City of Anaheim and in accordance with the specifications of the City Engineer; and BE IT FURTHER RESOLVED that refunds of portions thereof in amounts not less than ?4 ,000.00 at any one time may be made after the completion of so much of said improvements as shall secure in value the sum of X4,000.00 as estimated by the City Engineer and upon the furnishing to the City engineer proof that, all labor and materials for the improvements made and completed have been paid and discharged; provided, however, that the final twenty -five per cent (25 5) of said funds shall be held. until after the expiration of time for filing of liens for labor and materials; and BE IT FURTHER RESOLVED that the sum of $8,257.00 de- posited by said Dr. Erwin H. W. Kersten and Jchn J. Dwyer as security for the furnishing of all labor and material for the installation and completion of all water mains and lines in said Tract No. 1456 shall be applied upon the cost thereof and the excess, if any, remaining thereafter shall be refunded to them; and BE IT FURTHER RESOLVED the contract be made and entered into by and between the City of Anaheim and Dr. Erwin H. W. Kersten and John J. Dwyer in accordance herewith and that the Mayor and the City Clerk be, and they are hereby, authorized to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RTESOLUTION is signed and approved by me this 15th day of April, 1953. ATTEST: AYOR OF THE CITY OF ANAH EIM 33 STATE OF CALIFORNIA) COUNTY OF ORANGE ss. CITY OF ANAHEIM I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2145 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 14th day of April, 1953, by the following vote: AYES: COUNCILMEN: Wieser, Heying, and Boney. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Pearson and Van Wagoner, AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 15th day of April, 1953• IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of April, 1953. (SEAL)