1955-2618RESOLUTION NO. 2618
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
CONSTRUCTION AND COMPLETION OF A PUBLIC IM-
PROVEMENT, TO WIT: THE IMPROVEMENT OF WALNUT
STREET FROM MANCHESTER AVENUE TO BALL ROAD
PROJECT NO, 44
AND APPROVING THE DESIG?S, PLANS, PROFILES,
DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUC-
TION THEREOF; AUTHORIZING THE CONSTRUCTION OF
SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH
SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHOR-
IZING AND DIRECTING THE CITY CLERK TO PUBLISH
A NOTICE INVITINCG SEALED PROPOSALS FOR THE
CONSTRUCTION THEREOF.
WHEREAS, public convenience and necessity require the
construction and completion of a public improvement in the City
of Anaheim, to wit:
The improvement of Walnut Street from Manchester
Avenue to Ball Road by removal of existing ma-
terial, paving with I+. -inch plant-mix, adjusting
existing manholes to grade, construction of
concrete cross- gutters, and appurtenant work,
Project No. 44.
AND WHEREAS, the City Council instructed the
City Engineer to prepare detailed de
signs, plans, profiles, drawings and specifications, and esti-
mates of quantities and costs, and make necessary surveys for
the construction of said public improvement; and
WHEREAS, said Engineer has prepared said detailed
designs, plans, profiles, drawings and specifications for the
construction of said public improvement and has submitted the
same to the City Council; and
WHEREAS, the City Council finds that the detailed
designs, plans, profiles, drawings and specifications for said
public improvement above mentioned are in accordance with good
engineering practice and are adequate to serve the needs and
requirements of the City of Anaheim and the citizens and
residents in said area for the purposes for which they are
intended, and that they are adequate for the construction of
said public improvement and should be approved,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that the detailed designs, plans, pro-
files, drawings and specifications for said public improvement
hereinabove mentioned and described be, and the same are here-
by, approved and adopted as prepared by said Engineer.
AND BE IT FURTHER RESOLVED that said public improve-
ment shall be constructed in accordance with said detailed
designs, plans, profiles, drawings and specifications as pre-
pared by said Engineer and hereby approved, and such addenda or
modifications thereto as may be approved prior to the awarding
of bids therefor.
BE IT FURTHER RESOLVED that the City-Clerk of the
City of Anaheim be, and she is hereby, authorized and directed
to publish a notice according to law, inviting sealed proposals
for the furnishing of all plant, labor, services, materials and
equipment, and all utilities and transportation, including
power, fuel and water, and performing all work necessary to con-
struct and complete in a good and workmanlike manner, in strict
accordance with said detailed designs, plans, profiles, draw-
ings and specifications as prepared by said Engineer, the
public improvement hereinabove mentioned and described, and
fixing the 8th day of February 195 5 at the hour
of 8:00 o'clock P.M. as the date and hour for the opening of
said bids at the City Council Chambers in the City Hall in the
City of Anaheim, and that said notice shall be published twice,
the first of which publications shall be at least ten (10) days
prior to the date fixed for the opening of bids, and that said
publications shall be at least five (5) days apart.
AND BE IT FURTHER RESOLVED that the successful bidder
or bidders shall be required to enter into a contract with the
City of Anaheim in the manner and form approved by the City
Attorney of the City of Anaheim for the construction, instal-
lation and completion of said public improvement hereinabove
mentioned and described, in accordance with the plans and
specifications prepared by said Engineer, the notice inviting
sealed proposals, this resolution and all applicable City
Ordinances or Code Sections and the laws of the State of Cali-
fornia, and shall be required to post bonds and insurance in
the amounts and within the time required by law, as specified
in the notice inviting sealed proposals, and in a form approved
by the City Attorney,
THE FOREGOING RESOLUTION was approved and signed by
me this llth day of January 195 5
ATTEST:
1 7
CITY CLERK OF THE CITY OF ANAHEIM.
f
MAYOR OF THE CITY OF ANAHEIM.
STATE OF CALIFORNIA)
COUNTY OF ORANGE ss
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
HEREBY CERTIFY that the foregoing resolution was introduced and adopted
at a regular meeting provided by law of the City Council of the City of
Anaheim held on the llth day of January, 1955, by the following vote:
AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser and Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and sighed said resolution on the llth day of January, 1955.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this llth day of January, 1955.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
to construct and complete, in a good and workmanlike manner, in
strict accordance with the specifications, plans and drawings
therefor on file in the Office of the City Clerk of the City of
Anaheim, of the public improvement hereinabove more particularly
described and set forth; and
WHEREAS, the City Council did thereupon refer said bids
to the Superintendent of the Light, Power and Water Department of
the City of Anaheim for examination, tabulation and report to the
City Council, and said Superintendent of the Light, Power and
Water Department did thereupon examine and tabulate said sealed
proposals and report the result of his tabulation to the City
Council; and
WHEREAS, the City Council did meet in regular session
on the 9th day of November, 1954, at the hour of 8:00 o'clock
P.M. to consider the sealed proposals submitted for furnishing
materials and performing the work hereinabove more particularly
described and set forth, and the Superintendent of the Light,
Power and Water DeparLment of the City of Anaheim did thereupon
make his report and submit his tabulation of said sealed pro-
posals, and the City Council did thereupon find and determine
that the sealed proposal submitted by BOSKO ENGINEERING COMPANY,
5684 VIA CORONA, LOS ANGELES, CALIFORNIA, for the construction,
installation and completion of said 18" water line along Ball
Road from South Lemon Street to Olive Street, Work Order No.
1307, hereinabove mentioned and described,was the lowest responsi-
ble proposal submitted therefor, and thereupon accepted said bid
and did award a contract to said Bosko Engineering Company for fur-
nishing all plant, labor, services, materials and equipment and
all utilities and transportation, including power, fuel and water,
and performing all work necessary to construct and complete, in
a good and workmanlike manner, in strict accordance with the
specifications, plans and drawings, the said public improvement
as specified in said notice inviting sealed proposals, and did
authorize the Mayor and the City Clerk of the City of Anaheim to
execute a contract for and on behalf of the City of Anaheim with
Bosko Engineering Company, which said contract was duly made and
entered into on the 10th day of November, 1954; and
WHEREAS, the said Bosko Engineering Company has fur-
nished all plant, labor, services, materials and equipment and
all utilities and transportation, and performed all work neces-
sary for the construction and completion, in a g,od and workman-
like manner in strict accordance with the specifications, plans
and drawings of said public improvement as specified in the
notice inviting sealed proposals and in the detail, design, plans,
profiles, drawings and specifications prepared by George E.
Holyoke, City Engineer, and the contract made and entered into
with him by the City of Anaheim; and
WHEREAS, the Superintendent of the Light, Power and
Water Department has duly certified to the construction and
completion of said public improvement hereinabove mentioned and
described in accordance with the plans and specifications and
the contract documents duly made and entered into with said
Bosko Engineering Company; and
WHEREAS, the City Council finds that said contractor
has completed said public improvement hereinabove more particu-
larly described in accordance with the provisions of the con-
tract and the contract documents, and that notice of completion
should be filed and payment of the balance due said contractor
authorized in accordance with the contract documents,
-2-
NOW, THEREFORE, BE IT RESOLVED by the City Council of
tine City of Anaheim that all plant, labor, services, materials
and equipment and all utilities and transportation, and the per-
formance of all work necessary to construct, install and complete
in a good and workmanlike manner, in strict accordance with the
specifications, plans and drawings therefor on file in the office
of the City Clerk of the City of Anaheim together with the ap
purtenances thereto of said public improvement hereinabove more
particularly described and set forth, in the City of Anaheim, by
said contractor, be, and the same is hereby, accepted, subject,
nevertheless, to all the terms, conditions and provisions of the
contract documents, and that the balance due said contractor for
said work be paid to him thirty -five (35) days from and after
final acceptance of said work as evidenced by the adoption of this
resolution, but not sooner than thirty (30) days after the date
of the filing of notice of completion, excepting only such sum
or sums as may lawfully be withheld in accordance with the pro-
visions of said contract and contract documents. That acceptance
by the contractors of said payments made in accordance with said
final estimate shall operate and shall be a release to the City of
Anaheim, its officers, agents and employees from all claims and
liabilities due the contractor for anything done or furnished or
withheld or for anythin_. relating to the work or any act or neglect
of the City, its officers, agents and employees, excepting only
claims against the City for any amounts withheld by the City at
the time of such payment.
AND BE IT FURTHER RESOLVED that the Mayor and the City
Clerk of the City of .naheim be, and they are hereby, authorized
to execute and file a notice of completion of said work as re-
quired by law.
THE FOREGOING RESOLUIICN was signed and approved by me
this llth day of January 19 55
ATTEST:
CITY CLERK OF LIE CITY OF A±N:AHEIM
AP?„/L.or.:--e 5
AAYOR OF THE CITY 0 ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim DO HEREBY
CERTIFY that the foregoing resolution was introduced and adopted at an
ad-jammed regular meeting provided by law of the City Council of the City
of Anaheim held on the llth day of January, 1955, by the following vote:
AYES: COtETCILIEN: Pearson, Fry, Schutte, Wisser and Van Wagoner
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
AND, I FURTHER CERTIFY that the Mayor of the City cf Anaheim
aparoved and signed said resolution on the llth day of January, 1955.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Anaheim this llth day of January, 1955
City Clerk of the City of
Anaheim, California
RECORD OF CANVASS OF RETURNS OF SPECIAL ANNEXATION ELECTION
HELD JANUARY 4, 1955
The City Council of the City of Anaheim hereby makes a record
of canvass of returns of special annexation election.
Said special annexation election was held on the 4th day of
January, 1955 in the manner provided by law.
THAT for said election said City Council duly established one
voting precinct which is designated as NUTWOOD -BALL ANNEXATION VOTING
PRECINCT.
THAT the polling place for such election was established and
maintained at R. D. Taylor Office Building, 10192 Ball Road, Orange
County, California, which was within the hereinafter described unincorpo-
rated territory.
The description of the property proposed to be included in the
annexation known as the NUTWOOD -BALL ANNEXATION as follows:
A parcel of land being a portion of Sections 19 and 20,
Township 4 South, Range 10 West, San Bernardino Base and Meridian, and
more particularly described as follows:
Beginning at the most southwesterly corner of the Orange Avenue
Annexation to the City of Anaheim, said point also being the most south-
westerly right -of -way corner of Brookhurst Street (60 feet wide) and Ball
Road (60 feet wide); thence,
1. Easterly along southerly line of said Orange Avenue Annex-
ation and the southerly right -of -way line of said Ball Road and its
westerly prolongation across said Brookhurst Street to the most south-
easterly right -of -way corner of said Ball Road and Nutwood Street
(40 feet wide); thence,
2. Southerly along the easterly right -of -way line of said
Nutwood Street to an angle -point in said right -of -way line; thence,
3. Westerly along said right -of -way line to an angle -point
in said right -of -way line; thence,
4. Southerly along said easterly right -of -way line of Nutwood
Street to the most northeasterly right -of -way corner of Cerritos Avenue
(40 feet wide) and said Nutwood Street; thence,
5. Continuing southerly along the southerly prolongation of
the said easterly right -of -way line of Nutwood Street to the
easterly prolongation of the southerly line of that 10.22 acre parcel
of land owned by Jamie Rosa and Mary H. Rosa, husband and wife, as
shown on a deed thereof in Book 2653 at Page 291, Official Records,
Orange County; thence,
6. Westerly along said southerly line of 10.22 acre parcel
and its easterly prolongation across said Nutwood Street to a point
in the easterly boundary line of Tract No. 2015 as shown on a map
thereof in Book 58 at Pages 16 and 17, Miscellaneous Maps, Records of
Orange County; thence,
7. Northerly along said easterly boundary line of Tract
No. 2015 to the most northeasterly corner of said Tract No. 2015; thence,
-1-
8. Westerly along northerly boundary line of said Tract
No. 2015 and its westerly prolongation across said Brookhurst Street
to the westerly right -of -way line of said Brookhurst Street; thence,
9. Northerly along said westerly right -of -way line of said
Brookhurst Street to the point of beginning.
THAT the proposition submitted to the elector residing within
said unincorporated area was:
THAT said City Council met at its regular meeting after the
expiration of three days from and after the date of said election to
canvass the returns of said election, and at said regular meeting did
make and complete its canvass of such returns.
THAT from and by its canvass of such returns, said City Council
1. That the whole number of votes cast at such election was
40.
2. That the number of votes cast at such election in favor
of annexation was 33.
3. That the number of votes cast at such election against
annexation was 7.
4. That the number of ballots received as absentee votes
finds:
was 0.
Shall NUTWOOD -BALL ANNEXATION be annexed to the
City of Anaheim, California, and the property YES
in said NUTWOOD -BALL ANNEXATION be, after such
annexation, subject to taxation equally with
the property within said City of Anaheim to pay
its pro rata portion, based upon assessed
valuation, of all bonded indebtedness of said NO
City of Anaheim outstanding on December 3,
1954, or theretofore authorized?
City Clerk of the City of
Anaheim, California