1952-1907RESOLUTION NO.1907
A. RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM
FINALLY ACCEPTING THE WORK AND COMPLETION BY
A. H. FA ULARO AND J. L. MCELVANY OF UNIT IV
OF THE MAGNOLIA TRUNK SE :TER AND PUMPING PLANT
AND FORCE MAIN OF THE ORANGE COUNTY JOINT
OUTFALL SEWER, AND AUTHORIZING THE CITY OF
ANAHEIM AS CONTRACTING AGENT FOR THE CITIES
OF ANAHEIM, FULLERTON AND ORANGE AND FOR THE
BUENA PARK, GARDEN GROVE, LA HABRA AND PLA-
CENTIA SANITARY DISTRICTS AND FILING A NOTICE
OF COMPLETION AND AUTHORIZING THE PAYMENT OF
THE BALANCE DUE SAID CONTRACTORS IN ACCORDANCE
WITH THE CONTRACT DOCUMENTS.
WHEREAS, a contract was heretofore made and entered into on
the 26th day of January, 1951, by and between the City of Anaheim, a
municipal corporation, as contracting agent for the cities of Anaheim
Fullerton and Orange and for the Buena Park, Garden Grove, La Habra
and Placentia Sanitary Districts, pursuant to resolutions theretofore
passed and adopted by said Cities and Sanitary Districts and A. H.
Famularo and J. L. McElvany, as joint adventurers, for the construct-
ion and completion of Unit IV of the Magnolia Trunk Sewer and Pumping
Plant and Force Main and Project, together with the appurtenances
thereto of the Orange County Joint Outfall Sewer, all in accordance
with said contract and other contract documents, and
WHEREAS, said Contractor deems all work under said contract
for construction of Unit IV to have been completed in accordance
with the contract documents and has notified the Chief Engineer of
said Cities and Sanitary Districts of such completion, and
WHEREAS, said Chief Engineer, Nat H. Neff, has notified the
City of Anaheim, as such contracting agent, that he has made and
completed a final inspection of the underground pipe and manhole
structures in Unit IV of said Magnolia Trunk Sewer and Pumping Plant
and Force Main and has certified in writing that all provisions of
the contract for the construction of Unit IV as aforesaid, have been
fully complied with to his satisfaction, and has made a final and
complete estimate of the value of such work done and materials fur-
nished and has certified the same to the City of Anaheim and has
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further certified that said work was done and said Unit IV completed
on December 15, 1951, and
WHEREAS, the City Council
finds that said Contractors have completed said
Unit IV in accordance with the provisions of the contract and contract
documents and that said work should be finally accepted, a notice of
completion filed and the payment of the balance due said Contractors
authorized in accordance with the contract documents.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that all the work and the com-
pletion of Unit IV of said Magnolia Trunk Sewer and Pumping Plant and
Force Main, together with the appurtenances thereto, by said A. H.
Famularo and J. L. McElvany, joint adventurers 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
Contractors for said work upon said Unit IV be paid to them 35 clays
from and after final acceptance of said work upon said Unit IV by saiu
Cities and Sanitary Districts, 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
provisions of said contract and said contract documents, that accept-
ance by the contractor of said payments made in accordance with said
final estimate shall operate as and shall
tracting agency and said Cities and Sanita
agents and employees, from all claims and
tractor for anything done or furnished or
relating to the work or any act or neglect of the contracting agency
or said Cities and Sanitary Districts, their officers, agents and
employees, excepting only claims against the contracting agency for
any amounts withheld by the contracting agency at the time of such
payment.
AND BE IT FURTHER RESOLVED that the City of Anaheim, as con-
tracting agent for said Cities and Sanitary Districts be, and it is
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Of the City of Anaheim
be a release to the con-
ry Districts and officers,
liabilities due the con
withheld and for anything
hereby, authorized and directed to file a notice of completion as
provided by law.
THE FOREGOING RESOLUTION is signed and approved by me this
8th day of January
ATTEST
of Anaheim
195.
Mayor
of the City of Anaheim
STATE OF CALIFORNIA
COUNTY OF ORANGE
of the
itassonv
I
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s
of the
do hereby certify that the foregoing Resolution
was passed and adopted at a regular meeting of the
held on the
day of
X
195 the following vote of the members thereof:
Ps rIM, Visas?, Whig' Aosa7 rtrt Tan ltamsser
AYES: COUNCILMEN:
Nom.
NOES: COUNCILMEN:
al.
ABSENT: COUNCILMEN:
AND I FURTHER CERTIFY that the 7/ of the ly'
signed and appt.o�ed said Resolution on the
to 2
day of 195
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