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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.
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(SEAL) ,,:, ~,,! ~:-;;:::
ATT~T,~t~ '
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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
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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)
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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
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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
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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.
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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. '
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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,. '
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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.
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,
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.,........,..,........
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os the same appears of Record and on File in my Office, and that I have Carefully Compared the Same
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with the OririnaI.
In witnesB whereof, I .have hereunt'? set my hand and affixed the seal of the City of Arcadia
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1 . . Cler of the City of Arcadia.
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