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RESOLUTION NO. 1518.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA FORFEITING BOND FURNISHED
BY ElIIill MILLER COMPANM, CONTRACTOR, AS PRINC IPAL,
AND THE GREAT AMERICAN INDEMNITY COMPANY, SURETY,
DUE TO FAILURE OF CONTRACTOR TO ENTER INTO CON-
TRACT FOR CONSTRUCTION OF SE\~R SYSTEM TRUNK
LINES IN SAID CITY OF ARCADIA.
WHEREAS, this City Council on March 26,
1946 adopted Resolution No. 1456 determining
that the public interest and necessity required
the acquisition and construction of a certain
municipal improvement, to wit: trunk and intercep-
tor sanitary sewers for said City, inCluding the
acquisition of all pipe, equipment, apparatus,
materials, easements and property necessary or
convenient therefor, at an estimated cost of
$350,000.00; and
WHEREA~, by the terms of Ordinance No.
582, regularly adopted and passed by this Council
on April 2, 19~6, a proposition to incur a bonded
indebtedness in the amount of $350,000.00 was
duly voted upon and passed by the ~ters of said ~
City; and
WHEREAS, the bonds so voted as aforesaid
were duly sold by said City on June 18, 1946; and
WHEREAS, following preparation of suitable
plans and specifications, bids were regularly
called for the acquisition and construction of
said municipal improvement; and
WHEREAS, said sealed bids were duly opened
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on August 20, 1946, whereupon it was determined
by this Council that Mike Miller Company was
the lowest, responsible bidder in the amount of
$347,129.40; and on August 26, 1946 this Council,
by appropriate Resolution regularly awarded the
contract for said work and improvement to said
Mike Miller Company on the basis of said bid of
$347,129.40; and
WHEREAS, in conjunction with, and ac-
companying, the bid of said Mike Miller Company,
the said Mike Miller Company was required to,
and did, furnishdo said City of Arcadia a
proposal bond in the full and just sum of
$37,500.00, guaranteeing that said Mike Miller
Company would enter into a written contract for
such work and improvement within five (5) days
after said contract was awarded; that said bond,
being No. 239157, was executed by Mike Miller
Company, as Principal, and the Great American
Indemnity Company, as Surety, on the 20th day of
August, 1946, as a guarantee to said City of
Arcadia that the bidder, if his bid was accepted
and an award of such contract made to him, would
enter into a satisfactory contract and furnish
a good and sufficient bond for the faithfUl per-
formance thereof and for the payment of labor and
material costs; and
':; L. ~,
WHEREAS, said Mike Miller Company, Con-
tractor, has failed and refused, and continues to
fail and refuse, to enter into said contract with
said City and said Contractor now seeks to avoid
the execution of such contract through legal pro-
ceedings instituted on his behalf in the Superior
-2-
Court of the State of California:
NOW, THEREFORE, THE CITY COUNCIL OF THE
CITY OF ARCADIA DOES HEREBY IlESOLVE, DETERMINE
AND ORDERfAS FOLLOWS:
SECTION 1. That the aforementioned Bond
of Mike Miller Company, Principal, and the Great
American Indemnity Company, Surety, in the sum of
$37,500.00 be, and the same is hereby, forfeited
II ""'" ..' ,.. . .. .,' . I. ",
by reason of the failure and refusal of the said
Mike Miller Company to enter into the contract
for the completion of said work and to give bond
for the faithful performance thereof.
SECTION 2. That the City Clerk is hereby
instructed to forthwith notify the said Mike
Miller Company and the Great American Indemnity
Company of the forfeiture of said bond, and the
City Attor~ey ~s_hereby instructed to take all
necessary. steps to' enforce payment by suit or
otherwise.of all sums due to the said City of
Arcadia therefrom.
SECTION ~. The City Clerk shall certify
to the adoption of this Resolution.
1 I! HJ1:REJ3Y ,CERTIFY that the foregoing
Resolution was adopted at a regular meeting b~
the City Council of the City of Arcadia,.Ca1ifornia
held on the 17th day of September,. 1946, 'by the
affirmative votes of at least t~ree Councilmen,
to wit:
~
:Counci1men Adcock, Leeper, Nugent, Ormsby and
None Russell
None &-e dt
.., ... .', City Clerk
SIGNED AND APPROVED this- .lZYl day of September, 946.
ATTEST: ~e:~ )J;. .# @ ,
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AYES;
NOES:
ABSENT: