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RESOLUTION NO. 12: <br /> RESOLUTION AUTHORIZING AND DIRECTING THE CITY <br /> CLERK OF THE CITY OF CLIVE, IOWA, TO CASH <br /> AND TRANSFER A $500 CERTIFICATE OF DEPOSIT <br /> FOR ELECTRICAL LICENSE NUMBER 183 TO THE WATER FUND <br /> AND APPLY THE SAME ON THE PEARL RIVER CHINESE FOOD <br /> WATER BILL AND DIRECTING CERTAIN OTHER ACTIONS RELATING <br /> TO THE COLLECTION OF THE PEARL RIVER CHINESE FOOD WATER BILL <br /> WHEREAS, after August 11, 1986, but prior to September 12, <br /> 1986, Pearl River Chinese Food, 2075 Northwest 92nd Court, Clive, <br /> Iowa, 50322 went out of business and closed its doors to the pub- <br /> lic; and <br /> WHEREAS, thereafter on September 12, 1986, the City of Clive <br /> did cause a final bill for water consumed and sewer used by Peari <br /> River Chinese Food prior to its going out of business to be de- <br /> livered to Pearl River Chinese Food in the total amount of $620.21, <br /> representing water and sewer charges and taxes; and <br /> WHEREAS, that as of December 17, 1987, said amount of such <br /> water and sewer charges has not been paid by Pearl River Chinese <br /> Food to the City of Clive; and <br /> WHEREAS, Peari River Chinese Food was issued Electrical License <br /> No. 183, which expired December 31, 1985; and <br /> WHEREAS, on November 3, 1986, Pearl River Chinese Food's Chap- <br /> ter 7 Bankruptcy was closed, allowing the City of Clive to take <br /> necessary action with respect to said Water Bill for water and <br /> sewer charges; and <br /> WHEREAS, pursuant to the Clive City Code, generally Pearl River <br /> Chinese Food may apply to the City of Clive for a refund of the <br /> cash bond for Electric License No. 183 in the amount of $500.00; <br /> and <br /> WHEREAS, however, the City of Clive is now legally in posses- <br /> sion of said $500.00 cash bond for Electric License No. 183 and <br /> desires to exercise its common law right of set -off and apply the <br /> $500.00 cash bond to the unpaid Water Bill for water and sewer <br /> charges as reflected in the final water bill referred to above. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF CLIVE, IOWA: <br /> That the City Clerk- Treasurer of the City of Clive, Iowa, <br /> is hereby authorized and directed to transfer from the City <br /> Trust and Agency Fund the $500.00 certificate of deposit repre- <br /> senting the cash bond for Electric License No. 183 that normal- <br /> ly may be refunded to Pearl River Chinese Food into the Water <br /> Fund and, further, to apply the same to the balance due and <br /> • owing as water and sewer charges to the City by Pearl River <br /> Chinese Food for water and sewer service as reflected in the <br /> Pearl River Chinese Food Water Bill Account (Account No. 2094M <br /> 3F), thereby reducing said amount due and owing as water and <br /> sewer charges from $620.21 to $120.21; provided, however, Pearl <br /> River Chinese Food shall continue to be liable to the City to <br /> the extent provided by law in the amount of $120.21 represent- <br /> ing water charges, sewer charges and taxes with respect to <br /> Account No. 2094M 3F. <br /> PASSED AND APPROVED this 17th day of December, 1987. <br /> ..y <br /> Ken P - .*r - n, Mayor pro tem <br /> ATTEST: <br /> r <br /> 1/4--- _04/1411 ji I mak <br /> Marjorie S. Roberts, City Clerk <br />