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HomeMy WebLinkAbout1360 RESOLUTION NO.l~nn A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, TERMINATING LIABILITY lf~DER FAITHFUL PERFOR1VlliCE BONDS FILED ON OR ABOUT MAY 12 AND MAY 27, 1910 RELATIVE TO FRANCHISE GRANTED BY ORDINANCE NO. 24. WHEREAS, the Council of the City of Arcadia, County of Los Angeles, State of California, did by Ordinance Nq. 24 granted on the 9th day of May, 1910, grant to Chas. S. S. Forney, the right, franchise and privilege to maintain and operate a system of gas pipes in, under and'along all public streets, highways, and alleys then and thereafter existing in the said City of Arcadia; and WHEREAS, Charles S. S. Forney filed a bond in the penal sum of One Thousand Dollars ($1,000.00) dated May 12, 1910, to comply with the terms and conditions of said franchise; and WHEREAS, said franchise was assigned to the Piedmont Gas Company on the 13th day of May, 1910 with the approval of the Council of the City of Arcadia, and WHEREAS, the Piedmont Gas Company filed a new bond in the penal sum of One Thousand Dollars ($1,000.00) dated May 27, 19l0, to comply with the terms and conditions of said franchise; and \VffEREAS, said franchise was assigned to Southern Counties Gas Company of California and said assignment was apIroved by the Council of the City of Arcadia. NOW, THEREFORE, be it resolved by the City Council of the City of Arcadia: Section 1. That all liabilitY:aQd responsibility of Southern Counties Gas Company of Califorhia, successor' in interest to Chas. S. S: Forney as principal and the sureties and to Piedmont Gas Company and the sureties, respectively, under the aforesaid bondS:~ terminated and they are hereby discharged and released ; from all obligations under said bonds from and after this date. 1. Section 2. The city Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter same shall be in full force and effect. Adopted and approved this hth day of FsbY'llRry , 1945. . ' ",._~"'-.~ -: :.~ ,~ ...r;; ~...... '"{' -r..:.', .-. . ',./'- ,/C _ :;. ;~-- ",' - (SEAL) ,,:, ~,,! ~:-;;::: ATT~T,~t~ ' /" City'C erk y </J;.#~ Mayor of e i of California. Arcadia, - STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF ARCADIA ) I, W. H. NESBIT~ the duly elected, qualified and acting Clerk of the City of Arcadia, California, do hereby certify that the foregoing resolution was duly adopted by the City Council and signed by the Mayor of the City of Arcadia at a regular meeting held on the 6th day of Febrwlry , 1945, by the following vote: AYES: COUNcIn~ Adcock, Billig. Leener. NURent and Olwsby COUNCILMEN - None NOES: ABSENT: COUNCILMEN - None ,-;'" '!" '" '~~'~~ /~ C . -'."" ~'. BON D . KNOV ALL MEN BY THESE PRESENTS: That, I, Charles S. S. Fo~ney, as Principal and Walter H. Nichols and C. M. Flowers; as sureties, all residents of the County of Los Angeles, State: of California, are jointly and severally held and firmly bound unto the City of Arcadia, County of Los Angeles, state of California, said City having corporate Powers, in the sum of one thousand ($1000.00) dollars, Lawful money of the United States of America, to be paid to the City of Arcadia for which payment well and truly to be made we bind ourselves, our and each of our heirs, Successors, executors, administrators and assigns, jointly and severally by these presents. Sealed with our seals and dated this 12th Day of May A.D. 1910. The condition of this obligation is such that: WHEREAS that a franchise was on the ninth day of May, 1910 sold and awarded by the Board of Trustees of the City of Arcadia, to Charles S. S. Forney, the above bounden Principal, subject to the terms and conditions mentioned and contained in the notice of sale of said franchise, a copy of which is hereto attached and made a part hereof, and which franchise is fully described in said notice hereto attached. Now, therefore, if the said Charles S. S. Forney, his heirs, executors, administrators, and Assigns, shall well and truly observe, fulfill and preform each and every term of the conditions of said franchise mentioned and contained in said notice of sale thereof, or in the ordinance granting the same, then this obligation shall be void, otherwise to remain in,full force and virtue. And it is hereby further stipulated and agreed that in case of any breach of the conditions of this bond, the whole amount of said sum of one thousand ($1000.00) dollars shall be taken and deemed to be liquidated damages therefor and shall be 'recoverable from the above bounden Principal and sureties jointly and severally in any Court of competent jurisdiction ___[~[_g~_~~_~~_E2r~~~_________________(Seal) ___i~i_~~~!~~-~~-~!~e~~~---------------(Seal) ---[~i_g:_~~_~~9~~~~__-----------------(Seal) . County of Los Angeles. ) ) SS. ) State of California, Walter H. Nichols one of tbe sureties whose name is subscribed to the above bond and obligation, being duly sworn upon his oath says: That he is a resident and freeholder in the County of Los Angeles and state of California and is worth the sum in said undertaking specified as the penalty thereof over and above all 'his just debts and liabilities exclusive of property exempt from execptfuOh and forced sale. Isl Walter H. Nichols ---------------------------------- Subscribed and sworn to before rue this 12th Day of May, 1910 Isl Seth Winquist (SEAL) Notary Public in and for Los Angeles County State of California My Commission expires: Oct. 5, 1910 state of California, } } SS. County of ' Los Angeles. } C. M. Flowers , one of 'the sureties whose name is subscribed to the above bond and obligation, being duly sworn upon his oath, says: That he is a resident and freeholder in the County of Los Angeles and state of Californfa and is worth the sum in said bond and undertaking specified as the penalty thereof over and above all his just debts and liabilities exclusive of property exempt from execution and forced sale. Isl C. M. Flowers --------------------------------------- Subscribed &~d sworn to before me this 12th Day of May, 1910 ___6et_e~~~_~!~g~!~~__________________ Notary Public in and for Los Angeles (SEAL) County State of California. My Commission expires: Oct. 5, 1910 I hereby assign all my right, title and interest in the hereinbefore referred to franchise to Piedmont Gas Company, a California Corporation. Witness my hand and seal this thirteenth day of May 1910. ___L~L_g~_~~_~~_~~~~~I_____________ The foregoing assignment of franchise is hereby accepted on the part of Piedmont Gas Company. Witness my hand and seal this thirteenth day of May 1910. Piedmont Gas Company. (SEAL) Isl F. N. Hawes By------------------------- Its Secretary. KNOW ALL MEN BY THESE PRESENTS: That the Piedmont Gas Company, a corporation organized and existing under and by virtue of the Laws of the state of Californi8, as Prinoipal, and W. Mollenkopf and W. A. White, 8S sureties, the said Sureties being residents of the County of Los Angeles, Stste ot California, are jointly and seyerally held and firmly bound unto the City of Arcadia, a Municipal Corporation, organized and existing unde~ and by virtue of the Laws of the state of California, in the penal eum of one thouaand ($1000.00) dollars, lawful money of the United states to be paid to the said City of Arcadia, for which payment well end truly to be made we bind ourselvea, our and each ot our heirs, suc- cessors, assigns, executors and sdministrators, jointly end severally by ~hese presents. .... 1 ,~ sealed with our seals and dated thie 27th day of May, 1910. The oondition of thie obligation is such thst: WHEREAS, a frnachise was on the 9th day of May, 1910, granted ~ by Ordinanoe No. 24 of the city of Arcadia to C.S.S.Forney, by the City of Aroadie, and the said franohise hsving been duly assigned by the said C.S~S. Forney to the Piedmont Gas Company, by an iDBt~ent duly executed end filed in the office of the City Clerk of the City of Arcadia as provided by law and 'in said franchise, and the said eseignee of said franohise being the above bounded Principal, and said assignment of said franchise being subject to the terms and conditions mentioned and contained in said franchise. ' " / Now, therefore, if the said Piedmont Gas Company the said assignee of the said C.S.S.Forney, ita successors and assigns shall well and truly observe, fulfill and perform each and every of the terms and conditions in said franohise mentioned and oontained then this obligation shall be void, otherwise to remain in full torce and virtue. And it is hereby further stipulated and agreed that in oase of any breach of the conditions of this' bond, the whole amount ot the said sum of one thousand ($1000.00), dollars shall be taken end'deemed liqUidated damages therefor and shall be recoverable trom the aboTe bounden Principal and sureties Jointly and severally by action in any oourt of oompetent jurisdiction. STATE OF CALIFORNIA ) ) ss. COUNTY 01' LOS ANGELES) w. Mollenkopf, one of the Sureties whose name is subsoribed to the foregoing bond and obligation, being duly sworn, upon oath, says: That he is e resident snd freeholder in the county of Los Angeles snd State of Californie and is worth the sum in 88id under. taking specified ss the peDalty thereof over and.aboye 811 h1a JU8~, debts and lisbilities exolusive of property exempt from ezeoution and forced sale. I ' I l (Sigried) W. Mollellkopf Sub8cribed snd sworn to before me this 28th day of Mal 1910. , :, O...BI'lant, RO~l, publ10 (Seall . '," t C811to~. My Cdmmission expires 7/14/1913. In snd for Los ADgslea Coun 1,. ' ,~..~..___...._".._ ________..._.~.__~__,__..__,_, "_" ..._.... __.l '~~ ,- ~.- STATE OF CALIFORNIA ) ) SSe COUNTY OF LOS ANGELES) W. A. White, one of the sureties whose neme is subeoribed to the foregoing bond end;obligatlon, being duly sworn, upon his oath, says: that he is a resident and freeholder in the County of Loa Angeles and State of California and is worth the sum in seid ' undertaking specitied aa the penalty thereot over end above all his Just debts end liabilities exolusive ot property exempt from execution end forced sale. (Signed) W. A. White Subsoribed end sworn to before me this 28th day of May 1910. (SEAL) o. H. Bryent, Notary publio, in and tor Los Angeles County, state ot California. My Commiasion expires JUly 14, 1913. STA'lE OF CALIFORNIA,;:'} ':')' as. COUNTY OF LOS ANGEr.E~} '~,)":::;:~'" ~~',. On t~1a 26i"ltv:d~Y of Msy in the year one thousand nine hundred and',ten, A.D., before me, O.N.Brysnt, a Notary pUblio in and for seid Coun~yjif Los Angeles, State of California, residing therein, duly oommis8f~ned and ,WOrD. personally appeered, C.S.S. ~ romey, known to.mel to be the President, and F. N. Hawes, known to me to be the Seoretary of the Corporation that executed the within instrument, and aoknowledged to me that suoh Corporation executed the same. In Witness Whereof, I have hereunto set my hend and,~ affixed my officiel seel in said County, the day end yeer first above written. , (SEAL) My Commission expires July 14,'1913. '0. N. Bryant, Notary Publio, In and for Los Angeles county, state of california. - .------------ , STATE OF CALIFORNIA County of Loa Angeles, 88. CITY ?F, ARCADIA, 1,'~1kfof the City of Arcadia, County and State aforesaid, do hereby eertif; the fore- going to be . Full, Tru~ and Correct Copy of ......,...BoD4...ot..,P.1e4lll.o:a.:t, 'GaS';,C;o.,........,..,........ ..............................--.......................;...... ........ .........,..... .. ..... ..........................................,... .........................................................-.....................................,............. , .......................................................,........... os the same appears of Record and on File in my Office, and that I have Carefully Compared the Same j . with the OririnaI. In witnesB whereof, I .have hereunt'? set my hand and affixed the seal of the City of Arcadia l3( -- ~ I, Ib" .._.a Day of an.... at......?], , ....,........,L,.. 193..5.... , '" ......,.........,..........................................,........, , ....~,..:~~ ( . , ...~..lV~........,'~,...., 1 . . Cler of the City of Arcadia. .. ,