345O� JT� -"C�j 34r -
H. G. Ames
CITY ATTORNEY
ANAHEIM, - CALIFORNIA
Affidavit of Publication
In the Superior Court of the County of Orange
State of California
_-_ ORDINANCE NO. 345 f
I
a AnOrdinance amending Sections X and
Plaintiff
V5.
Defendant "
asnog alli.100tttetl atl4 6q dl4datoad uo
hdn pa4og uaaq Sago pili peztflgout0p
STATE OF CALIFORNIA, aq of un2eq sdooa4 aqI aao;aq pim Gail
County of Orange, ss.
)) �scutai 0114 ;o 9an4uu2ls 0114 aaUe coos
k.i9gm9oea pui aaqutanom ul p9onpoa4
ul aaaes sIIjq agi 3° Sllaofeux MA 0111
tuagl uo uoi3ae Sui 2uplal s,99111 moo
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................ ..... ...................................being first duly
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sworn, deposes d says: That at all times hereinafter mentioned he was a°3911 uaaq Oniq slllq oslp q TIS
a citizen of the United States, over theage of eighteen years, and a resident 9SjG quo
algia4snm
of said county, and was at and during all said times the printer, publisher and uV UDA12 pug aalnaas ;a Ono peva;snot
proprietor of the Anaheim Gazette, a newspaper of general circulation, print- st at[ u011m 0,01$ 3° urns 9114 puB Sid i
ed and published weekly in the City of Anaheim, in said County of Orange, u�4ga s,g4uout auo uan12 aq 11vi s `edioa
State of California; that said Anaheim Gazette is and was at all times herein
mentioned, a newspaper of general circulation and is published for the dis- asanu Stua-9 ao sdaoa aulaitu ao �cn-9tr
semination of local and telegraphic news and intelligence of a general char- `Sutau aqI ul panaas siq Ogen uuut p94911
acter, having a bona fide subscription list of paying subscribers; that at all -ua pug aaal$o Saana 4-914 2ulpinoid ?I?q
said times said newspaper had been established, printed and published in the aloe?TTI 3° aaIIn3 Gnliluasatda7l
said City of Anaheim, in said County and State at regular intervals for more
than one year preceding the first publication of the notice herein mention- • a2autlosip algiaouoq ug uae12 ao eale .
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ed; that the .........1✓2:.: . / !.. ............ i eqj Ig did ,sA4uoM 9aag4 plod oq digs
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annexed is a printed copy, was published and printed in said newspaper at a o �IlmlT ?g4uau14
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Ve ia4x9 ;ggjuora a P aelao
I�nGT-dS ft on rin a a ' l + -tea - t aa4snut ao paSaugas Slg13
i;s-jo-easy, on the following dates, to -wit: iii-9qs `u?alsnV Pun .9uiu"9'D
alp, 2ulanp salu4S Pal?utl
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ul panaas 8ni11 oqm uant put: 'saaalgo
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t�assod ala11l ttt1 A46 ni11 Sunt Sagl 4uaul
dl"tt«IIa ,pas "4ota. aanajugen `utagl
SUBSCRIBED JXD SWORN to
.1 1* �oaI aai11i °[T
before me this ........................day of
..... . .........191 j....
...- Lam- ..... ..lt ....................
Not y Public i nia.
ORDINANCE NO: 345
An Ordinance amending Sections 1 and
of Ordinance Number -215 of the City of
Anaheim, entitled:
"An Ordinance regulating the making
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excavations in public streets, alleys or
sidewalks in the City of Anaheim."
Passed and adopted by the Board of
Trustees of said city, on the 12th day of
August, 1909.
The Board of Trustees of the City of
Anaheim do ordain as follows:
Section 1. That Section 1 of Ordinance
Number 215 of the City of Anaheim, en-
titled "An Ordinance regulating the mak-
ing of excavations in public streets, alleys
or sidewalks in the City of Anaheim,"
passed and'adopted by the Board of
Trustees of said city on the 12th day of
August, 1909, be and the same is hereby
amended to read as follows:
Sectlon 1. It shall be unlawful for any
person, firm or corporation to make any
excavation in any public street, alley or
sidewalk in the City of Anaheim without.
first giving notice to the Superintendent
of Streets of said city, and making a de-
posit for damages and indemnity for dam-
ages as hereinafter provided or furnishing
a bond in the form and manner and in the
penal sum hereinafter prescribed.
The person, firm or corporation intend-
ing to make any such excavation shall file
with the Superintendent of Streets, a
written notice of such intention, describ-
ing specifically, the location and area of
the excavation or excavations intended to
be made, and shall deposit with said Su-
perintendent of Streets. a sum equal to
fifty centsper square foot of surface of
said excavation or excavations to be made
in streets or alleys which are macadam-
ized or paved with asphaltum or bitumin-
ous rock: and a sum equal to twenty-five
cents for each square foot of surface of
sztid excavation or excavations to be made
on all other streets, alleys or sidewalks:
provided, that no deposit shall be less
than five dollars: and provided further,
that any person, firm or corporation in-
tending to make excavations in any pub-
lic streets, alleys or sidewalks may make
and maintain a general deposit with the
said Superintendent of Streets in the sum
of Five Hundred Dollars for any dam-
ages. and as indemnity for any damages.
which may be caused by the making of
such excavations: or any such person,
tirnt or corporation mav, in lieu of such
deposit. file with the City Clerk of said
City, a bond in the penal Sum of not less
than Five Hundred Dollars, executed by
two or more sureties. who shall justify
in double the penal sum named in said
bond, or by a corporate surety, authorized
to execute bonds and undertakings under
and by virtue of the laws of the State of
California, which said bond shall indem-
nify said city for any damages which may
he caused by making such excavations
and shall be further conditioned upon the
compliance by such 'person, firm or cor-
poration with all provisions of this ordi-
nance.
Said bond shall be subject to the ap-
proval of the Board of Trustees of said
city and shall remain on file in the office
(if the City Clerk of said city.
While such general deposit is maintain-
ed at the said sum of Five Hundred Dol-
1»rs or such bond kept in frill force and
effect, any such person, firm or corpora-
tion shall not be required to make the
special deposits hereinbefore provided for.
but shall be required to file written no-
tice of intention concerning such excava-
tion, as above prescribed, before begin-
ning the same.
Section 2. That Section 2 of said Ordi-
nance No. 215 be and the same is hereby
amended, to read as follows:
Section 2. The Superintendent of
Streets, on receiving the written notice
and the general or special deposit re-
quired by Section 1 hereof, shall issue a
receipt for such deposit, and shall open
and keep an account thereof. Said receipt
shall specify the person. firm or corpora-
tion to whom itisissued, and in case of a
special deposit, the street, alley or side-
walk. and the particular portion thereof
to be excavated. and the extent of such
excavation in case a general deposit is
made and maintained. or a good and Suf-
ficient bond furnished and kept in full
force and effect as provided in Section 1
hereof.
Said SuperhAendent of Streets shall. on
receipt of notice of an excavation from
the person, firm or corporation from whom
such general deposit shall have been re-
ceived. issue to such person, firm or cor-
poration a written certificate, setting
forth that such general deposit is in the
possession of said Superintendent of
Streets, and specifying the matters re-
quired to be contained in a receipt for a
snecial deposit. No such receipt or cer-
tificate shall be transferable.
Section 3. 1111 Ordinances and parts of
ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
Section 4. The,- City Clerk of the City of
Anaheim shall certify to the passage of
this ordinance and cause the same to be
published once in the Anaheim Gazette, a
weekly newspaper of general circulation,
printed, published and circulated in said
city and thirty days from and after its
final passage it shall take effect and be
in full force.
The foregoing ordinance is signed. ap-
proved and attested by me this 27th day
of February, A. D. 1919.
Attest: J. J. DWYER.
President of the Board of Trustees of the
City of Anaheim.
T,1,1) 'ARD B. MERRITT. (Seal)
City Clerk of the City or Anaheim.
TATE OF CALIFORNIA, )
COUNTY OF ORANGE, )ss.
CITY OF ANAHEIM, )
i. Edward B. Merritt, City Clerk of the
City of Anaheim, do hereby certify that
the foregoing Ordinance was introduced
at a meeting of the Board of Trustees of
the City of Anaheim. held on the 13th days
of February, 1919. and that the same was
passed and adopted at a regular meeting
of the Board of Trustees of said city held
on the 27th day of f'ebruary. 1919, by the,
following vote:
Ayes, Trustees: Dwyer, Stark and'
Gibbs.
Noes, Trustees: None.
Absent and not voting, Trustees: Backs,
and McFadden.
And I further certify that the President
of the Board of Trustees of the City of
:Anaheim signed and approved said Ordi-
nance on the 27th day of February, 1919.
In witness whereof I have hereunto sett
me hand and affixed the official seal of!
said eity the 27th day of February, 1919.
(Seal) EDWARD B. MERRITT,
City Gierk of the City of Anaheim.'
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,fin Ordinance am-endinf,, -!actions 1 and 2 of Ordia.,nce Number
21.5 of the City of mnaheim, antitled:
"`gin Grdirtar�ee rr;gulati ng the making of excavations in
public straet,- alleys or sidewalks in the Cit;; of Anaheim."
0assad wad adopted %i the Board of Trustees of said City,
on the 12thL day of�LucIc ust,
aha 3oard of TrustEias of tho City of .nahei"-i do ordain as
I follows:
Section 1. 'khat 3ectior 1 of Ordinance ?umbar 215 of the
City of anaheix, aLtitlaO ".Li Ordinance reLzulatin-po the maMr�7 of
excavations in -public streets, 9.11ey,or sidewalks in the Cit-- of
"riah--irn" -passed and adopted by the Board of Trustees of said Citw
W
01i 'k"ae 12+-7- of JAUQ ba c,,_,jj1a s -a r y
L - is heab arlended
to ra-oA f -c!
3actior, 1. It - snull be tinlawfai for any person, firm or
corporation to make any excavation in any public street, alley or
sideivalii in the City of Anaheim without first giving notice to
the Superintendent of :treats of said City, and making a deposit
for dameaes and indemnity for damages as hereinafter provided or
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furnishing a bond in the form and manner and in the penal sun
hereinafter prescribed.
The person, firn-,. or corporation intendinc, to make any S,
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rintendent of Streets
excavation shaffl—ri-116 *f011-
written- notic*:*4mah ascribing specifically,
location and area of the excavation or excavations intended to be
made, and shall derosit with Said quperintandent of Streets, a
Sam equal to fifty cents ;ger square foot of surface of Said ex-
cavation or excavations to be made in streets or a11e.77,s which - are
macadamized or paved with as-nhalt= or bituminous rock; and a sura
equal to twenty-five cents for each square foot of surface of
said excavation or excavations to be made on all other streets,
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1 a.11e =s or sideway -s; providad, that no danosit shall be less than
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.five dollars; and nrovi.ded further, that snTT raison, firm or cor-
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noration inter.din,, to r"_3' -e excavations in :any public streets,
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alleys or sidewaly-s rna-r mane and maintain a aaner�al dewithosit with
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t1he said Iu.�aril.tandent of ?treats in the sum of Five Hundred
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Dollars for any dam es, and as indemnity for any aa;mfia9G, which I
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son, fir.. or corporation ma`-, in lieu of Ouch de1�osi.t, file with
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the City Clem of said Cit; , a bond in 'Uha penal stun of not less �
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10 than Five Hundred Dollars, e_iecuted by two or more sureties, who
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shall justify in double the venal sum need in said bond, or by
a cornorate surety, authorized to execute bonds and undertakings
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under and by virtue of the laws of the State of California, which
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14 1 said bond shell indemnify said Cit;;- for any damages which may be
caused by marina such excavations and shill be further conditioned!
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upon the compliance by such person, firm or cornor,wtion with all j
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provisions of this ordina-ace.
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a,id bond shall be s{a.b feet to the annrovnl of the Board of
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Trustees of said Cit,;- a..nd shall remain on file in the 6ffice of
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the City Clerh of said Cit"y
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Ale such f-,aneral deposit is maintained at the said sum of
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five hundred dollars or such bond rent in full force and affect,
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any st ch person., firm or corporation shall not be rewired to
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make the special clenosits hereinbefore-rovided for, but Shall be
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required to file written notice of intention concerning su.ch ex- �
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cavation, as above rrescri.hed, before beCirnin, the swr'al �
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Section 2, That Section 2 of said Ordi},-anca ''o. 215 be and
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the sa a is hereby ac.anded., to read as follows:
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SCTIC,1. 2. The Superintendant of Gtroets, on reeeivina the
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written notice and tna caner ,l or special darosit renui_red by
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Section 1 hereof, shall issue a receipt for rich danosit, and
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shall open w: d keep an account thereof. Said recaint shall
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spaciff the person, firm or corporation to whom it is issued, and
in case of a snecial de osit, the street, alley or sideiva.lk, and
the particala,r nortion thereof to be e-_icav=ated, anI the e:xta. t of
such excavation in case a ,aneral deposit is made and maintained,
or a ,rood and sufficient bond furnished and !re -)t In full force
and effect as provided in Section 1 hereof.
Said Superintendent of Streets shall, on receipt of notice
of an excavation fromthe person, firm or corpor=ation from whom
such c-eneral dey�osit shell have been received, is^ue to such per-
son, firm or cororation a ;written certificate, setting forth that
such general deposit is i. n the -nossassion of said `superintendent
of ::treats, and speci_fyinj the :matters required to be contained �
in a receipt for a special deposit. "'o suCh recent or certificate!
shall be t ransfe ra,ble.
S uTIOT 3. all, Ordinances and parts of Ordinances in ^on-
flict with the -provisions of this ordinance are hereby revealed.
S: :TIOrx 4. The Citi; Clerk of the 'it', of x�nahaim shall
certify to the na.ssa e of this ordinance and ca.t:tse the same to be
published once in the Anaheim Gazette, a weekly newspaper of gene
al circulation, printed,published and circulated. in said Cite and
t irt-- da -s from and after its final nass&Ce it sha,ll tae effect
and be in. full force.
The foragoir.- ordinance is signed, approved and attested
by ms tr is�3u,, of 2ebr�aax�� 10�CI,
-'resla Tne hoard of asteeb o
'a 9Yty of inehe.
:it t a st
113,
City Clark -or-the City of
Anahais i.
-3-
ST"TI C'
COUNT 02 0_-,' ,:,G I, ) -�.
2 . CITY
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I, _]dward B. �: e� rl tt , Cit7T Clerk of the vi ty of.-Inaheirr,
do hereby cartif,., that the foray oi' Z ordinance Zeas i_ntrodU.Ce� Qt
a rneetintr' of t%ie Board of Trustees of the Cit;- o:f,naheirr:, held.
on the 13th day of 2abruary, 1919 -and that the large was n s sect
and ado»tad at a rek. alar meeting of the :hoard of Trustees of said
<t-
City held or, t ,e ?--, d5- of 2abruary 1919, by the following vote:
.yes, Trustees:_
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does, Trustees:
<;bant and not voting, Trastaes:
end I further cartify that the president of the Board of
!- Trjx$tees of the City of Ai�.alzoi y signed gad
on the - day of Pabruary, 1919.
ave . ereunto sets , hand nd affixed
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the official seal of Said Cite the z7 qday of w'ebrzar-r,
_ n._
(. -13, `iYz
arty ofthe
-cilna h e i m .
�Y o