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ORDINANCE 135ORDINANCE NO. 135 t V) & i AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ORDERING THE LAYING OUT AND OPENING OF CERTAIN NEW PUBLZ STREETS WITHIN THE SAID CITY, TO BE DESIG- NATED AND KNOWN AS CYPRESS STREET, BETWEEN WALNUT AVENUE AND COLLINGWOOD STREET; AND PEPPER STREET BETWEEN MAPLE AVENUE AND COLLI11GX OD STREET; AND. CEDAR STREET, BETWEEN WALNUT AVENUE AND C OLLINGPIO OD STREET; AIM ACACIA AVENUE, BETWEEN THE WESTERLY BOUNDARY OF THE CITY OF EL SEGUNDO, CALIFORNIA, AND CEDAR STREET; ALSO BETWEEN PEPPER STREET AND CYPRESS . ak 947— Q. STREET; AND SYCAMORE AVENUE BETWEEN PEPPER STREET AND PENN STREET; AND OAK AVENUE, BETWEEN THE WESTERLY LINE OF LOT 99 BLACK 89 TRACT 1685, CITY OF EL SEGUND0 9 CALIFORNIA, AND BONITA VISTA AVENUE, ALSO BETWEEN BAYONNE STREET AMID THE WESTERLY LINE OF LOT 8, BLOCK 929 EL SEGUNDO SHEBT NO. 39 CITY OF EL SEGUNDO, CALI- FORNIA, ALL WITHIN THE SAID CITY, APPOINTING TEREB COMMISSIONERS TO ASSESS THE BENEFITS AND DAMAGES, TO HAVE GENERAL SUPERVISION OF THE PROPOSED WORK AND PRESCRIBING THEIR POWERS AND DUTIES. The Board of Trustees of the City of El Segundo, �P California, does ordain and determine as follows: SECTION ONE: WHEREAS the Board of Trustees or. the City of El Segundo, California, did on the 17th day of December, A. P., 19269 pass its Resolution of Intention No, 154, 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 Cypress Street, within said City, be laid out and opened t to a width of Forty Feet (40*) between Walnut Avenue and Collingwood Street; within the said City; _A That a certain new public street to be known as Pepper Street within said City, be laid out and opened to a width of forty feet (401), between Maple Avenue and Colling- wood Street, within the said City; That a certain new public street to be known as Cedar Street, within said City, be laid out and opened to a width of forty feet (401), between Walnut Avenue and Collingwood Street, within the said city; That a certain new public street to be known as Acacia Avenue, within said City, be laid out and opened to a width of forty feet (40' ) between the westerly boundary of the City of 31 Segundo, California, and Cedar Street, within the said City; also between Pepper Street and Cypress Street, within the said City; That a certain new public street to be known as Sycamore Avenue, within said City, be laid out and opened to a width of forty feet (401), between Pepper Street and Penn Street, within the said City; That a certain new public street to be known as Oak Avenue, within said City, be laid out and opened to a width of fcrty -six feet (461), between Bayonne Street and Virginia Street, within the said City; That a certain new public street to be known as Oak Avenue, within the said City, be Maid out and opened to a width of fifty feet (501), between Virginia Street and Eucalyptus Drive, within the said City; That a certain new public street to be known as Oak Avenue, within the said City, be laid out and opened to a width of forty feet (401). between Eucalyptus Drive and the westerly line of Lot 8, Block 92, El Segundo Sheet No. 3, City of E1 Segundo, California, within the said City; under the probisions of that certain act of the legislature of the State of California, entitled, "An Act t3 Provide for laying out, opening, extending, widening, straightening or closing -up in whole or in part, any street, square, lane, alley, 2- 949-01 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, 1869, 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 benefited by said vo rk and improvement, and to be assessed to pay the damages, coats and expenses thereof; and WHEREAS, the Street Superintendent of the City of El Segundo, did thereupon oaus,e 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 "B1 Segundo Herald", a weekly newspaper of general circulation, published and circulated within the said City of E1 Segundo, as required by said Resolu- tion of Intention No. 154, by four successive insertions therein, to -wit: in the issues of December 24th and 31st, 1926 and January 7th and 14th, 1927; all of which was done in the manner and as required by law; WHEREAS, 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 the publishing of said notice of the passage of said Resolution and the Board of Trustees of the City of El Segundo have thereby acquired jurisdiction to order the. said work as proposed in said resolution to be done; NOW, THEREFORE, it is hereby ordered that said work and improvement be done as aforesaid and as speoifiedlly described in said Resolution of Intention Noi 154. SECTION TWO: Arnold F. Fitzgerald, H. H. Heaston, and G. H. Young are hereby appointed as Commissioners to assess the benefits and damages, and to have general supervision of said proposed 3— �. work and improvements until the completion thereof in com- plianoe with the law. For their services as such Commissioners, each of them shall receive 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 period than six months unless extended by order of the Board of Trustees of the City of E1 Segundo. Such oompensation shall be added to and be chargeable as a part of the expenses of the work or improvement. SECTION THREE: Before oommencing 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 Wo faithfully perform the duties of the office of a commissioner as the same are presoribed 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 any $rime remove any .or all of the said commissioners for cause, upon reasonable notice to such oommissioner or commissioners and a hearing thereon, and shall fill %ny vacancies occurriftg amoung such commissioners for any oause. SECTION FOUR: The said commissioners shall then proceed to view the lands described in the Resolution of Inten- tion and may examine witnee3es on oath to be administered by any one of them. They shall then determinet the value of the land and the damage to the improvements and property af- fected, 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 assessed as the same is fixed in said Resolution of Intention in pro- portion to the benefits to be derived from the said work or improvement including the real property of any railroad company 4- 950 95i- 0 within said district, if such there be, and any or all public property within said district if such there6ba. For this purpose the said commissioners shall have power to employ such assistance, legal or otherwise, as they may deem necessary and proper, and to incur such other expenses as they may deem neoessary. All such 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 hereinbefo re mentioned. SECTION 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 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 E1 Segundo shall in no event be liable for the failure to col]e of any assessment made by virtue of these prooeedings and the act undsrwWbdLbh. 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 SIX: The said commissioners shall with all diligence make a written report of their assessments, of benefits m d damages to the Board of Trustees, which said re- port shall be accompanied by a Plat of the assessment district showing the land taken or to be taken for the work or improve- ment, and the lands assessed showing the relative location of daoh district, block, lot, or portion of lot and its dimensions so far as the commissioners can reasonably ascertain the same. Baoh block and lot or portion of lot taken or assessed shall be designated and described in said Plat by an appropriate number. 5- '52 - C�. Said report shall also specify each lot, sub - division, or piece of property taken or injured by the opens rig of said street or assessed therefor, together with the name of the owner or olai- mants thereof, or of other persons interested therein, as lessees, inoumbrancers or otherwise, so far as the same are known to such commissioners and the particulars of their in -ter tereste, as far as the same am be ascertained, and the amount of value or damage or the amount assessed as the case may be. If in any case the commissioners find that conflicting claims of title exist, or if they shall be in ignorance or doubt as to the ownership of any lot of land or of any improvemente thereon, or of any interests therein, it shall be set down as belonging to unknown owners. For all further particulars regarding the powers and duties of such commissioners reference is hereby made to Sections 6 to 12, both inclusive, of the act herein- before mentioned, and under which these proceedings are taken. SECTION SEVEN: After the confirmation of the report of said Commissioners by the Trustees as provided by law, im- prove vent bonds shall be issued to represent any and all assessments amounting to Fifty Dollars ($50.00) or over, made to pay the costs and expenses of said Laying out and opening of certain new public streets to be known as:�Cyprese Street to a width of Forty (40) feet between Walnut Avenue and Collingwood Street, within the said City; Pepper Street to a width of Forty (40) feet between Maple Avenue and Colling- wood Street, within the said-City; Cedar Street to a width of Forty (40) feet between Walnut Avenue and Collingwood Street, within the said city; `,Aoaois Avenue to a width of Forty (40) feet between the westerly boundary of the City of E1 Segundo, California, and Cedar Street, within the said City; also between Pepper Street and Cypress Street within the said City; Sycamore Avenue to a width of Forty (40) feet between Pepper Street and Penn Street, within the said City; Oak Aveme to a width of 6- 4� �Y' E 953-a lo- Forty -six (46) Feet, between Bayonne Street and Virginia Street, within the said City; Oak Avenue to a width of Fifty (50) feet between Virginia Street and Euoalyptus Drive, within the said City; and Oak Avenue to a width of Forty (40) feet between Eucalyptus Drive and the westerly line of Lot 8, Block 92, El Segundo Sheet No. 3, City of E1 Segundo, California, within the said city, if ±fie property owner or owners against which-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 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, ehtitled: "An act providing for the issuance of improvement bonds to 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 E1 Segundo Herald, a weekly newspaper published and circulated in the City of E1 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 full force and effect. Passed, approved and adopted this 4th day of February A. D., 1929. Ty-esident of e car o rus ees of ATTEST: the City of El Se3i-.ndo, California. r 7- M `.. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) S3. ) j CITY OF EL SEGUNDO ) now I, VICTOR D. MoCARTHY, 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. 135 , 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 4th day Of February It A. D., 1927, and that the same was so passed and adopted by the following vote: AYES: TRUSTEES Gerow, Krinnel, Love and Binder. NOES: TRUSTEES None. ABSENT: TRUSTEES Cannon. r A J59yVeClerk o y o California. (SEAL) �a V 954 0► 955-0- CLERK =S CERTIFICATS STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES 33. CITY OF EL SEGUNDO ) I, VICTOR D. YaCARTHY, 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 ordinana:e (being Ordinance No. 135 ) is a full, true and correct copy of Ord inane No. 135 of the said City of El Segundo, California, entitled: "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 DESIG- NATED AND KNOWN AS CYPRESS STREET, BETWEEN WALNUT AVENUE AND COLLINGWOOD STREET, AND PEPPER STREET BETWEEN MAPLE AVENUE AND COLLINGWOOD STREET; AND CEDAR STREET, BETWEEN WALNUT AVENUE AND COLLINGWOOD STREET; AND ACACIA AVENUE, BETWEEN THE WESTERLY BOUNDARY OF THE CITY OF EL SEGUNDO, CALIFORNIA, AND CEDAR STREET; ALSO BETWEEN PEPPER STREET AND CYPRESS STREET; AND SYCAMORE AVENUE BETWEEN PEPPER STREET AND PENN STREETt AND OAK AVENUE, BETWEEN THE WESTERLY LINE OF LOT 9, BLOCK 8, TRACT 1685, CITY OF EL SEGUNDO, CALIFORNIA, AND BONITA VISTA AVENUE, ALSO BETWEEN BAYONNE STREET AND THE WESTERLY LINE OF LOT 89 BLOCK 92, EL SEGUNDO SHEET NO. 3, CITY -OF EL SEGUNDO, CALI- FORNIA, ALL WITHIN THE SAID CITY, APPOINTING 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 3rd day of December, A. D., 1926, and that the same was so passed and adopted by the following vote; AYES: TRUSTEES Gerow, Krimmel, Love and Binder. NOES: TRUSTEES None. ; ABSENT: TRUSTEES ffrustee Cannon I do further certify that pursuant to the pro- visions of Section 878 of Aot 5233 of the General Laws of the State of California (Deering 1923 Edition) that the foregoing Ordinance No. 135 was duly and regularly pub- lished according to law and-Ile order of the Board of Trustees of said City in the Rl Segundo Herald, a newspaper of general circulation, printed, published and circulated within the said city, and that the same was so published therein on the following date, to -wit: Feb. 11, 1927 WITNESS my hand and the seal of said City this 14th day of February , A. D., 1927. ry i y er o thlb 31 Segundo, California.