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ORDINANCE 128916 ORDINANCE N0. 128 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ORDERING THE LAYING OUT AND OPENING OF CERTAIN NEW PUBLIC STREETS WITHIN THE SAID CITY, TO BE DESIGNATED ^ AND KNOWN AS ACACIA AVENUE AND OAK AVENUE, BETWEEN THE WESTERLY BOUNDARY OF THE CITY OF EL SEGUED09 CALIFORNIA, AND THE WESTERLY BOUNDARY OF THE J. H. FISHER'S SUBDIVISION IN SAID CITY, AND SYCAMORE AVENUE FROM TIM Nk EASTERLY LINE OF MAIN STREET TO THE 13STERLY LINE OF PENH STREET, WITHIN THE SAID CITY, APrOINTING THREE COMMISSIONERS TO ASSESS THE BENEFITS AND DAMAGES, TO HAVE GENERAL SUPER - VISIjN OF THE PROPOSED WORK AND PRESCRIBING THEIR POWERS AND BUTIES. The Board of Trustees of the City of E1 Segundo, California, does ordain and determine as follows: SECTION ONE: WHEREAS the Board of Trustees of the City of Bl Segundo, California, did on the 9th day of April, A. D., 19269 pass its Resolution of Inten- tion No. 1309 declaring its intention to order the fol- lowing work and improvement to be done, to wit: That certain new public streets to be known as Acacia Avenue and Oak Avenue, within said City, be laid out and opened to a width of Fifty Feet (501) between the westerly Boundary of the City of E1 Segundo, California, and the westerly boundary of the J. H. Fisher's Subdivision in said City, and that a certain new public street to be known as Sycamore Avenue, within said City, be laid out and opened to a width of Fifty Feet (501) from the easterly line of Main Street to the westerly line of Penn Street, within the said City, under the provisions of that certain act of the legislature of the State of California, entitled, "An Act to provide for laying out, opening, 917 extending, widening, straightening or closing -up in whole or in part, any street, square, lane, alley, court or place within municipalities, and to condemn and acquire any and all land and property necessary or covenient for that purpose". Approved March 6th, 18899 and all amendments thereof and additions thereto; and which said resolution described the lands and premises necessary to be taken therefor and specified the lands to be affected or bene- fited b; said work and improvement, and to be assessed to pay the damages, costs and expenses thereof; and AREAS, The Street Superintendent of the City of $1 Segundo, did thereupon cause notice of the passage of the said resolution to be posted in the manner and as required by law, and did also cause a notice similar to the one posted, as aforesaid, to be published in the "E1 Segundo Herald ", a weekly newspaper, published and circulated within the said City of El Segundo, as re- quired by said Resolution No. 1309 by four successive insertions therein, to wit: in the issues of April 16th, 23rd, 30th and May 7th, 1926; all of Which was done in the manner and as required by law; and did also cause to be posted and kept posted for a period of four success- ive weeks, a notice similar in substance in three of the most public places in such City, which said public places have heretofore been fixed by order of the Board of Trustees of the City of B1 Segundo, California, and reference is hereby made to said order for further particulars regarding said places and manner of posting, all of which was done in the manner and as required by law, and AREAS, no objections have been filed against said proposed work and improvement and more than ten days have elapsed from and after the expiration of the time of 2- f3+18 the publishing of said notice of the passage of said Resolution and the Board of Trustees of the City of E1 Segundo have thereby acquired jurisdiction to order the said work as proposed in said resolution to be done; HOW, THEREFOR$, it is hereby ordered that said work and improvement be done as aforesaid and as specifi- cally described in said Resolution of Intention Ho, 130, SECTION TWO: Arnold F. 8itzgerald, A. D. Butters and H. H.,Heaston are hereby appointed as Commis- sioners to assess the benefits and damages, and to have general supervision of said proposed work and improvements until the completion thereof in compliance with the law. For their services as such Commissioners, each of them shall be paid at the rate of $1.00 per hour, provided however, that such compensation shall in no case exceed $200.00 per month and shall not continue for a lmnger period than six months unless extended by order of the Board of Trustees of the City of Al Segundo. Such compensation shall be added to and be chargeable as a part of the expenses of the work or improvement. SECTION THREE: Before commencing their duties as such commissioners each of them shall file with the Clerk of the Board of Trustees an affidavit to the effect that he will faithfully perform the duties of the office of a com- missioner as the same are prescribed by law, and shall also file with the clerk of the Board of Trustees a bond to the State of California in the sum of Five Thousand Dollars ($59000) to faithfully perform the duties of a commissioner as the same are prescribed by law. The Board of Trustees may at any time remove any or all of the said commissioners for cause, upon reasonable notice to such commissioner or commissioners and a hearing thereon, and shall fill any vacancies occuring among such commissioners for any cause. SECTION FOUR: The slid commissioners shall then proceed to view the lands described in the Resolution of 3- 919 Intention and may examine witnesses on oath to be administered by any one of them. They shall then determine the value of the land and the damage to the improvements and pro- perty affected, and also the amount of the expenses incident to said work or improvement, and having determined the same shall proceed to assess the same upon the district to be assess- ed as the same is fixed in said Resolution of Intention in proportion to the benefits to be derived from the said work or improvement including the real property of any railroad company within said distriot, if such there byr, and any or all public property within said district if each there be. For this purpose the said commissioners shall have power to employ each assistance, legal or otherwise, as r they may deem necessary and proper, and to incur such other expenses as they may deem necessary. All each charges and expenses shall be deemed expenses of said work or improvement, and shall be a charge only upon the lands devoted to the particular work or improvement as provided by the act here- inbef ore mentioned. SECTIOS FIVE: All payments, both for the land and improvements taken or damaged and for the charges and expenses shall be paid by the City Treasurer upon warrants drawn upon said funds from time to time, signed by said commissioners or a majority of them. All each warrants shall state whether they are issued for land or improvements taken or damaged, or for charges and expenses and that the demand is payable only oat of the *oney in said fund, and that the City of Bl Segundo shall in no event be liable for the failure to collect any assessment made by virtue of these proceedings and the act under which the same are taken, nor shall said warrants be payable out of any other fund, nor be a claim against the City of B1 Segundo. 4- the westerly boundary of the City of and the westerly boundary of J. H. F in said City, and Sycamore Avenue to (501) from the easterly line of iQ *in line of Penn Street, within the said E1 Segundo, California, fisher's Subdivision a width of Fifty Feet Street to the westerly City, if the property owner or owners against vhioh said assessments are made or levied shall so elect. Said improvement bonds shall be in the form and shall be issued in the manner and under W1 the circumstances, and said election of such property owners shall be made in the form and within the time, as provided under that certain act of the State of California, entitled: Un Act lFnoviding for the issuance of improvement bonds to WO represent certain special assessments for public improvements under the 'Street opening act of 18891, and providing for the effect and enforcement of such bonds ", approved May 24th, 1921 and all amendments thereof and supplements thereto. SECTION EIGHT: This ordinance shall be published once in the El Segundo Herald, a weekly newspaper published and circulated in the City of 21 Segundo, California; the:" City Clerk shall also cause to be posted and kept posted { for a period of one week from and after the date of the said publication a copy of this ordinance and the same shall thereupon and thereafter be in Rill force and effect. Passed, approved and adopted this day of June , A. D., 1926. rz President of e Board of rus ees AT :ST: of the City of 31 Segundo, California y 6- 922 r STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) SS. ) - CITY OF EL SEGUNDO I, VICTOR D. MoCARTHY, City Clerk of the City of E1 Segundo, Califorbia, do hereby certify that the whole number of members of the Board of Trustees of the said City is five; that the foregoing ordinance, being Ordinance go. 128 , was duly passed and adopted by the said Board of Trustees, approved and signed by the President of said Board, and attested by the City Clerk of said City, all at a regular meeting of the said Board held on the 18th day of June , A. D., 1926, and that the same was so passed and adopted by the following vote; AYES: TRUSTEES: Gerow, Kriamel, Love and Binder. _ NOES: TRUSTEES: None. ABSENT: TRUSTEES: Cannon (SEAL) iNS tea.; City Clerk of the City of 91 Segundo, California. 7- ri V. I I, 923 Clesk's Certificate STATE OF CALIFORNIA ) COUNTY OF 109 ANGELES ) 33. CITY OF BL SEGUNDO ) I. Victor D. McCarthy, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the Board of Trustees of the said City is five; that the foregoing ordinance, being Ordinance No. 1289 is a full, true and correct orig1nal Of =rcnance No. 72A of the said City of SI3egando , entitled: *AN ORDINA.NCB OF THE CITY OF EL SEGUNDO, CALIFORNIA, ORDERING THE LAYING OUT AND OPENING OF CE -iTAIN NEW PUBLIC STREETS WITHIN THE SAID CITY, TO BE DESIGNATED AND KNOWN AS ACACIA AVENUE AND OAK AVENUZ, BETWEEN THE WESTERLY BOUNDARY OF THE CITY OF EL SEGUNDO, CALIFORNIA, AND THE WESTERLY BOUNDARY OF THE J. H. FISHER'S SUBDIVISION IN SAID CITY, AND SYCAMORE AVENUB FROM THE EASTERLY LINE OF MAIN STREET TO THE WESTERLY LINE OF PENN STREET, WITHIN THE SAID CITY, APPOINTING THREE COMMISSIONERS TO ASSESS THE BENEFITS AND DAMAUS, TO HAVE GENERAL SUPBR- VISION OF THE PROPOSED WORK AND PRESCRIBING THEIR POWERS AND DUTIES.* which was duly passed and adwpp" by the said Board of Trustees, approved and signed by the President of said Board, and attested by the City Clerk of said oity, all at a regular meeting of the said board held on the 18th_ day of June , 19869 and that the same was so passed and adopted by the following vote; AYES: TRUSTEES Gerow, Kritmmel, Love and Binder BOBS: TRUSTEES None ; ABSENT: TRUSTEES Cannon I do hereby further certify that pursuant to the provisions of Section 878 of Act 6838 of the General haws of the State of California (Deering 1923 Edition) that the foregoing Ordinance No. inn was duly and regularly published according to law and the order of the Board of Trustees of said city in the E1 Segundo Herald, a weekly newspaper printed, published and circulated within the said city, and that the same was so published therein on the following date_, to-wit:— July 2nd, 1926 . WITNESS my hand and the seal of said city this 6th day of July 1, 1926 ( SEAL )