ORDINANCE 129924
ORDINANCE NO. 129
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, ORDERING "'HE LAYING OUT AND
OPENING TO A UNIFORM WIDTH OF EIGHTY (80 )
FEET OF A CERTAIN NEW PUBLIC STREET WITHIN
ME SAID CITY, TO BE DESIGNATED AND KNOWN
AS "MARIPOSA AVENUE ", BETWEEN ARIZONA DRIVE
AND THE WESTERLY LINE 1OF INGLEWOOD AND
RED OND 0 ROAD, WITHIN THE SAID CITY, APPOINT-
ING THREE COMMI SSIONERS . TO ASSESS THE BENEFITS
AND DAMAGES, TO HAVE GENERAL SUPERVISION OF
THE PROPOSED WORK AND PRESCRIBING THEIR
PO , ,ERS AND DUTIES:
The Board of Trustees of the City of El Segundo,
California,: do ordain and determine as follows:
SECTION 1. WHEREAS the Council. of the City of E1
Segundo, California,, did on the lot day of June, A. D., 19859
pass its Resolution No. 940 declaring its intention to order
the following work and improvement to be done, to-wit:
That a certain new public street to be known as
Mariposa Avenue be laid out and opened in the said City of
E1 Segundo, to a uniform width of eighty (80) feet, between
Arizona Drive-and the westerly line of Inglewood .and Redondo
Road, under the provisions of that certain act of the Legis-
lature of the State of California, entitled, "An Act to
provide for laying out,, opening, 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 convenient for that purpose ", approved March
6th, 1889, and all amendments thereof. and additions thereto;.
and which said resolution described the lands and premises
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necessary to be taken therefor, and specified the lends to
be affected or benefited by said work and improvement,. ,an&
to be assessed to pay the damages, costs and expenses
thereof; and
WHEREAS, the Street Superintendent of the City of
El Segundo did thereupon cause notice of the passage of 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 a-
foresaid, to be published in the "El Segundo Herald", a week-
ly newspaper of general circulation, printed ani published
within the said City of $1 Segundo,, as required by said Re-
solution No. 94, by four successive insertions therein, to -,d.t:
in the issues of June 12th, 19th, 26th end July 8d, 1925; all
of which was done in the mazme r and as re quire& by law; and
WHEREAS, objections against the said work or im-
provement.were duly tiled by the estate of Fronia May Sool-
field, deoeased,, through its attorney, Walter F. Haas, and 1'
Laura Boeok woe and Margareta Gard, through their attorney,
Walter F. Haas, and by A. S. Gough .and Susan Gough through
their attorney, E. 0. Lesko; and,
WHEREAS, the said objections of A. S. Gough and Susan
Gough were thereafter withdrawn and at the time, of the hearing
on all other protests,. the Board of Trustees did overrule the
same, and more than ten days have elapsed.from and after the
expiration of the time of the publication_ of said notice.of
the passage of said resolution, and the Board of Trustees of
the City of El Segundo have thereby acquire& jurisdiction to
order said work, as proposed in said resolution, to be done;
BOW, THEREFORE, it is hereby ordergd that said wort
and improvement be done as aforesaid and as specifically
described, in said Resolution of Intention No, 94.
SECTION 2. Arnold F. Fitzgerald,
A. D. Butters and H.. _H'.. Heaston
'1 are hereby appointed as Commissioners to assess the benefits
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and damages,., and to have general supervision of said proposed
work and imp ago vement until the completion thereof in o ompli-
ance with the law.. For their services as such Commissioners,
each of them shall he .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 longer
pe ri od ,than six months unless extended by order of the Board
of Trustees of the City of El Segundo. Such compensation
shall be added. to and be chargeable, as a part of the expenses
of the work or improvement.
SECTION 3. Before commencing their duties as such
Commissioners, each of then shall file with the Clerk of the
Board of Trustees an affidavit to the effect that he will
faithfully peErzorm.the duties of the office of a Commissioner
as the sane 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 ($5,000.00)
to faithfully perform the duties of a Commissioner as the
same are prescribed by law. The Board of Trustees may at
ashy time remove any or all of the said Commi ssionere for oause,
upon reasonable notice to such Commissioner or Commissioners
.., and a hearing thereon, and shall fill any vaoaaoies occurring
among suoh Commissioners fom any cause,
SECTION 4. The said Commissioners shall then pro-
ceed to view the leads described in the Resolution of Inten-
tion and may examine witnesses on oath to be administered
by any one of them. They shall.Ahen determine the value of
the land and the damage to the improvemerts. and property
affected, and also the amount of the expenses incident to
said wa xk or improvement, and having determined the same shall
prooeed to assess the same upon the district to be assessed
as the same is fixed in said Resolution of Intention in
proportion to the benefits to oe derived from the said work
or improvement, including the real prope rty of any railroad
company within said district, if such there be, and any or
all public property within said distrio.t if such there be,
For this purpose the said Commissioners shall have power to
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employ such assistemoe, legal or otherwise, as they may
deem necessary and proper, and to incur such other ex-
penes as they may deem necessary. All such charges and
expenses shall be deemed expenses of said work or in"
provement, and shall be a charge only upon the lands
devoted to the particular work or improvement as provided
by the act h ere inbefore mentioned..
SECTION b. All payments, both for the land and
improvements taken or damaged and for the charges and ex-
penses 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 such 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 out of the money in said fund, and that the
City of El 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 El Segundo,
SECTION 69 The said Commissioners shall with all
diligence make a written report of their assessments, of
benefits and damages to the Board of Trustees, which said
report shall be accompanied by a Plat of the assessment
district showing the land taken or to be taken for the work
or improvement, and the lands assessed showing the relative
location of tssh �distriot, block, lot, or portion of lot std
its dimensions so far as the Commissioners can reasonably
ascertain the same. Each block and lot or portion of tot
taken or assessed shall be designated and described in said
Plat by an appropriate number. Said report shall also specify
each lot, sub- division, or piece of property taken or in-
jured by the opening of said street or assessed therefor,
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together with the name of the owner of claimants thereof,
or of other person _interested therein, as lessese,, in-
oumbrancere or otherwise, so far as the same are brown to
such Commissioner$ ,and the partioulare _of their interests,
so tar as the ease can be ascertained, and the ameant of
value or damage or the amount assessed as the case say be#
If in any case the Commissioners find.that oonflioting
claims, of title exist, or If they shall be in i gnoramce
or doubt as to the ownership of any lot of land or at any
impro vem ant s thereon, or of any interests therein, it shall
be not down an belonging .to unknown oiners. For all fur-
ther particulars regarding the powers. and duties of such
Commissioners- refor*noo is hereby made . to Sections 6 to lE,
both inclusive, of the sot hereinbef ore. mentioned, and
under which thee* proceedings are taken.
SBCTI08 T. After the confirmation of the report
of said Commissioners, by the Trustees, an provided by law,
improvement bonds @hall be issued, to represent any and all
assessments, amounting to Fifty Dollars ($50.00)_ or ewer,
made to pay the *onto. and expenses of said laying cut and
opening of a certain new publio street, to be known as
"Mariposa Avenue" to a width of eighty (80) feet, between
Arizona Drive and the westerly line, of Inglewood and Redondo
Road, if the property ow er or owners against which said
assessments are made, or levied shall so oleo*. Said Improve-
ment bonds shall be in the to= and shall be issued in the
manner, and under the circumstances, and said eleotion of
each property owners shall be made in the for® and within
the time, as provided under that certain sot of the Degts-
lature. of the State of Cali 3braiav entitled., .*An act proviAfag
for the issuams of improvement bonds to represent certalm spwoIal
assessments for public improvements under the *Street Open! Ast
of 18891, and providing for the effect and onto room eat _ of suck be&&*
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1, approved May 24th, 1921, and all amendments thereof and
supplements thereto.
SECTION 8. This ordiname shall be published
once in the El Segundo Herald, a weekly newspaper of
general oiroul ation, printed and published in the City of
El Segundo, and shall thereupon and thereafter be iu full
foroe and effeot.
PasnsAed, approved and adopted this 25th day of
;i��
Wesident' of "':• :,
ATTESTs
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930
S ,"ATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
)
CITY OF EL SEGUNDO )
I, Victor D. McCarthy, City Clerk of the City
of El Segundo, Cal ifomia, 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. 129 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
25th day of June , A. D., 1926, and that the wame
was so passed and adopted by the following vote:
AYES: TR DS TEES : Gerow, Krimmel, Love and Binder.
NOES: TRUSTEES: None.
ABSENT : TRUSTEES : Cannon.
( SEAL)
Clerk's Certificate
STATE. OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF EL SEGUNDO )
�r I, Victor D. McCarthy, City Clerk of the City
of E1 Segundo, California, do hereby certify that the mole
number of members of the Board of Trustees of the said city
is five; that the foregoing ordinance, being Ordinance No.
129 , is s Rill, true and correct original
ntientitled: old ; ice_ o f the said City or L1 5egtmdo,
anti t1a d :
"AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, ORDERING THE LAYING OUT AND
OPENING TO A UNIFORM WIDTH OF EIGHTY (80)
FEET OF A CERTAIN NEW PUBLIC STREET WITHIN
THE SAID CITY, TO 8E DESIGNATED AND KNOWN
AS 'MARIPOSA AVENUE' BETWEEN ARIZONA DRIVE
AND THE WESTERLY LINE OF INGLEWOOD AND
REDONDO ROAD, WITHIN THE SAID CITY, APPOINT-
ING THREE COMMISSIONERS TO ASSESS THE BENEFITS
AND DAMAGES, TO HAVE GENERAL SUPERVISION OF
THE PROPOSED WORK AND PRESCRIBING THEIR
POWERS AND DUTIES."
which 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 25th day of June ,
1926, and that the same was so passed a M opted by the
following vote:
AYE S • TRUSTEES Gerow, Krimmel, Love and Binder
NOES: TRUSTEES None
AB SE NT : TR V3 TEE S Cannon
I do hereby fUrther certify that pursuant to the
provisions of Section 878 of Act 5233 of the General Laws
of the State of Califbrnia (Deering 1923 Edition) that the
foregoing Ordinance No. 129 was duly and regularly published
according to law and the o er of the Board of Trustees of
ad d city to the El Segundo Herald a weekly newspaper pfinted,
published and circulated vLthin 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
3rd day o f July , 1926.
( SEAL )
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Pq
city cierg o
El Segundo,
California.
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