CC RESOLUTION 201RESOLUTION NO. 201
A RESOLUTION OF THE CITY COUNCIL OF
'HE CITY OF EL SEGUNDO, CALIFORNIA,
AUTHORIZING AS:D DIRECTING THE PAYMENT
UN10R PROTEST OF CERTAIN SPECIAL ASSESS -
MENTS AND S NALTIES LEVIED FOR FLOOD
CONTROL PURPOSLS UPON CERTAIN OF THE
MUNICIPAL PROPE�RTI.:5 OT, SAID CITY.
The City Jouncil of the City of E1 Segundo,
California, does resolve, declare and determine as
follows:
SECTION 1. That a warrant in the sum of 13.53,
payable to the order of H. L. Byram, County Treasurer
of Los Angeles County, California, be drawn, delivered
and paid under protest in satisfaction of tkse special
assessments in the form of notice hereinafter quoted,
and that the City Attorney of said city be and he is here-
by authorized on behalf of said city to file with the
said County of Los Angeles the protest and objection
of said city to the payment of said assessment and
penalties substantially in the following form:
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"PROTEST 05 CITY OF EL SEGUNDO, CALIFO?ddIA,
AGAINST PAYMENT OE SPECIAL ASSESSMENTS ON
PUBLICLY OWNED AND USED PROPERTY THEREOF.
To the County of Los Angeles, State of
California; and to the Board of Supervisors
of said County; W. 0. welch, Tax Collector
of said County; Howard Byram, Treasurer of
said County; and H. A. Payne, Auditor of
said Jounty:
Gentlemen : -
You and each of you will please take notice:
That the City of El Segundo, a municipal
corporation, organized and existing under end by virtue
of the laws of the State of California, pursuant to
the order of the City Council of said city made, at
an adjourned regular meeting of said Council, held on
the 16th day of August, 1928, hereby pays to you under
protest in writing the sum of 13.53, covering Flood
Control assessments and penalties for delinquencies
thereon for the fiscal years beginning July lot, of
1924, 1925, 1926 and 1927 on the real property belong-
ing to said city, located in said city and described
as follows, to -wit:
PARCEL 1: Lot Ten (10) in Block Three (3)
of Tract Number Sixteen Hundred Eighty -five
(1685), in the City of E1 Segundo, County of
Los Angeles, State of California, as per map
recorded in Book 21, Page 98 of Maps, in the
office of the Recorder of said County.
PARCEL 2: That part of Section Eleven (11)
Township Three (3) South, Range Fifteen (15) west,
S. B. 1% in the City of El Segundo, County of
Los . ingeles, State of California, described as
follows:
Beginning at a point South eighty -nine degrees,
(890) fifty -eight minutes (581) Ten seconds (10 ")
West, Two Hundred Aifty -four and twenty -eight
hundredths (254.28) feet and South no degrees (00)
one minute (011) fifty eeoonds (50 ") East, Seventy -
three and forty hundredths (73.40) feet from the
Northwest corner of Lot Ten (10) in Block Three
(3) of said Tract Number Sixteen Hundred Eighty -
five (1685); thence South no degrees (00) one
minute (011) fifty seconds (5011) East forty -two
(42) feet; thence South eighty -nine degrees (890)
fifty -eight minutes (581) ten seconds (1011) west
sixty -two (62) feet; theme north no degrees (06)
one minute (011) fifty seconds (5011) west, forty -
two (42) feet; thence North eighty -nine degrees
(890) fifty -eight minutes (58f) ten seconds (1011)
East sixty -two (62) feet to the point of beginning.
Said City claims and specifies that each and all
of the said special assessments and penalties levied during
said years, as above referred to, are null, void and of
no effect in whole, and hereby specifies the grounds upon
which said claim is founded as follows:
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R a
nirst: "aid Municipal corporation at 12:00
Noon, on the first Monday of March, .:. D., 1924, to -wit:
12:00 Noon on March 3d, 1924, and at all times subse-
quent tf ereto, was, and now '-s, the owner of both of
the said several parcels of land; that each and all
of the said several parcels of land on the said 12:00
Noon of said first Monday in March, 1924, and at all
times subsequent thereto were, and are now, used solely
and exclusively for public purposes by the aforesaid
municipal corporation in serving, protecting and safe-
guarding the public and the public peace, health and
safety of said city, and are located within the cor-
porate boundaries of said city.
Second: That by virtue of said ovmership and
use on 12 :Z_(3_ Noon on said first Monday in March, 1924,
and at all times subsequent thereto, as set forth above,
said property of said municipal corporation was and is
exempt from each and all of the said special assess-
ments and penalties levied by said los Angeles County
Flood Control District.
Third: That for an additional ground claimant
alleges thaw regardless of the validity of the said
several assessments for said respective years, that the
penalties thereon, or any penalties, are null, void and
of no effect as the enforcement of same constitutes
an attempt to apply penal provisions of a public
statute to a municipal corporation.
Fourth: That said special assessments and
penalties are contrary to the provisions of the Consti-
tution of the State of " alifornia and the statutes of
the Sate of ;alifornia, and if enforced sustain to de-
prive the municipal corporation of its property without
due process of law, and are in violation of the rights,
privileges and immunities of said municipal corporation
as guaranteed to it by the ^ourteenth Amendment of the
Constitution of the United States. Demand is hereby
made for an immediate cancellation of said assessments
and penalties and all of them against said properties
and for an immediate refund of the amounts thereof.
Made and submitted by order of the Jity Council
of said City through the office of the City Attorney of
said city by virtue of the authority given by action of
said Council at its adjourned regular meeting held on the
16th day of August, 1928.
Dated at 31 Segundo, California, this 16th day
of August, 1928.
City Attorney o e1tyof
El Segundo, California. "
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SECTION 2. The City Clerk shall certify to the
passage and adoption of this resolution; shall cause the
same to be entered in the Book of Resolutions of said City
of 31 Segundo, and shall make a minute of the adoption
thereof in the records of the City Council of said city,
in the minutes of the meeting at which the same is passed
and adopted.
Passed, approved and adopted this 16th day of
August,,A. 3., 1928.
Mayor of the City of El Segundo,
California.
(SEAL)
STATE OF CALIFO'INIA,
COUNTY CF LOS ANGETFZ, ) SS.
CITY Or EL SEGUNDO. )
I, Victor J. I'cOarthy, City Clerk of the City
of 31 Segundo, California, do hereby certify that the whole
number of members of the City Courn it of the said city is
five; that the foregoing resolution, being Resolution No.
201 , was passed and adopted by the said City ;ouncil,
approved and sided by the Mayor of said city, and attested
by the City Clerk of said city, all tit an/regalardmeeting
of the said Council held on the 16th day of "ugust , 1928,
and that the same was so passed and adopted by the following
vote:
AYES: Councilmen, Gerow, Selby and Binder.
NOES: Councilmei_, . None.
ABSENT :Councilmen, Krimmel and Lave.
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