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80R-419 RESOLUTION NO. 80R -419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE DELIVERY AND INSTALLATION OF THE ANAHEIM STADIUM SCOREBOARD, IN CONJUNCTION WITH THE ANAHEIM STADIUM EXPANSION, IN THE CITY OF ANAHEIM. WHEREAS, the City Council of the City of Anaheim did award a contract for the construction and installation of the Anaheim Stadium Scoreboard, in conjunction with the Anaheim Stadium Expansion, in the City of Anaheim, on the 22nd day of May, 1979, in accordance with the design, plans, profiles and specifications prepared by Stewart - Warner Corporation; and WHEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans and draw- ings of said public improvement as specified in the detailed designs, plans, drawings and specifications prepared by the Stewart - Warner Corporation, and the contract made and entered into with said contractor by the City of Anaheim; and WHEREAS, the Public Works Executive Director 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 contractor; and WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly described in accordance with the provisions of the contract 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that all plant, labor, services, materials and equipment and all utilities and transportation, and the performance of all work necessary to construct, install and -1- 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 appurtenances thereto, said public improvement here - inabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are 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 said contractor 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 provisions of said contract and contract documents. That acceptance by the contractor 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 anything relating to the work or any act or neglect of the City, its officers, agents and employees, excepting only claims against the City for amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor be, and he is hereby, authorized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 76th day of September, 1980. / APP c• OF T•' TY OF ANAHEIM ATTEST: T CLERK OF T•E CITY OF ANAHEIM FAL : j h -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 80R -419 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 16th day of September, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 80R -419 on the 16th day of September, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of September, 1980. s• _ __� 3. 41 C TY LERK OF THE TY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 80R -419 duly passed and adopted by the Anaheim City Council on September 16, 1980. CITY CLERK