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344101 Q 1; D I 11 .; I No . 344 H. G. Ames CITY ATTORNEY ANAHEIM, - CALIFORNIA M Affidavit of Publication In the Superior Court of the County of Orange State of California VS. Plaintiff Defendant STATE OF CALIFORNIA, ss. County of Orange, I_' ....��a; .. ........being first duly sworn, deposes a says: all times herei fter mentioned .he was a citizen of the ited States, over theage of eighteen years, and a resident of said county, and was at and during all said times the printer, publisher and proprietor of the Anaheim Gazette, a newspaper of general circulation, print- ed and published weekly in the City of Anaheim, in said County of Orange, 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- semination of local and telegraphic news and intelligence of a general char- acter, having a bona fide subscription list of paying subscribers; that at all said times said newspaper had been established, printed and published in the said City of Anaheim, in said County and State at regular intervals for more than one year preceeding the first publication of the notice herein mention- ed; that the ... a2 .. . . . . Q�... :!ri. % 0! .t ...4 .�? .`-t/. . M .....................................of which the v annexed is a printed copy, was published and printed in said newspaper at 44 ra least ...... ...................... the to 7Q1 and nniiinn ?� ............ Y; v pl Pi3d that In is to say, on the f9jPwing dates, to -wit: l . ' 1 .................. ... �. ........ ... ..A ............ ..... ....................... ....�.x,. 4 iu SUBSCRIBED ✓3ND SWORN to ORDINANCE NO. 344 An Ordinance of they City of Anaheim, Amending Section 4 of Ordinance No. 342 of said City Entitled, "ion Ordi- nance of the City of Anaheim, Grant- ing to the Anaheim Orange and Lem- on Association, a Corporation, - the Right to Construct, and for a Period of Fifty Years, to Operate and Main- tain a Railroad Spur Track in and Over a Certain Portion of Smith {t ; 6AV4 tilQsnloUo6 bu 'atiop tioaq stto Sumatt 116a6&64 : SUIONUloosss usol nuau; Wap •1991 ;o mnlpaui agl gSnoagl 3[uuq oql unoa; .9I109aiP moa ioq of " pamollu aia A -"am.xvj 3l Panus aq Plnoa atull lugl 3lulgl eldoad " aunoS • mals,fs aql" ;o uolluaado agl anoaduni pus alielfilauT of ouop aq 7g2lun lugm of au paouueps suoluido puu paaago uaaq aeuq suoil -saSSns ;o speapunq lugl anal sl lI • suollupuamcnoaaa Sus allvM Iilm ll saglagm ao ',saSuuga ;o Av& agl ul puaunmooaa Iilm pauoq aqi i'gq ii vAo'u:il kpogou ! opvm aq III& laodea slgl uagm smoug Apogou 'ssoaSuaD of laodaa lunuus sli apuun laf su lou suq pauoq uuol mai; eql 'lau; ;o aalliam u sV • pagslloge aq suollulaossu uuol utas; agl lugs ssgasuop 04 popuauit -mooaa Apuaalie puq pauoq uuol uus; aql 3Iulgi of auo pual lsautls pino w galgm saedied dlisp eW ;o mw ui els" -1 J13 gu peauaddu aaagl oSu gAip ma; v poluaaSSuge AIigeaS sum 41uap 'slq "Io laodea aql lsgl 'Avav passed peg aq lsgl polelnaalo Sulaq sum aounna u Nut -avail uodu 'plus aouo ulsmy �lasy�l„ :.aaHJo s,aosiA -PV maul aql of lues uollnillasl lugs ;o luapisaad eql utas aDlApu 4lglnou1 8ulmollo; aql ul 3luuq oqi ;o ADI -lod aql ;o pauuo;ul axe nuaang mau3 dlunop aSusao agl ;o saagtaolq av-lndod 9NV01 WHVA before me this •••••••• 2. .............. day of ........1917 ... ORDINANCE NO. 344 An Ordinance of the City of Anaheim, Amending Section 4 of Ordinance No. 342 of said City Entitled, "An Ordi- nance of the City of Anaheim, Grant - Ing to the Anaheim Orange and Lem- on Association, a Corporation, the Right to Construct, and for a Period of Fifty Years, to Operate and Main- tain a Railroad Spur Track in and Over a Certain Portion of South Claudina Street in Said City." Passed and Adopted on the 12th Day of De- cember, A. D. 1918. The Board of Trustees of the City of Anaheim do ordain as follows: Section 1. That Section 4 of Ordinance Number 342 of the City- of Anaheim, en- titled "An Ordinance of the City of Ana - beim. granting to the Anaheim Orange and Lemon Association, a corporation. the right to contruct, and for a period of fifty -years, to operate •ind _ maintain a railroad spur track in and over a certain portion of South Claudina street, in said City," passed and adopted by the Board of Trustees of said city, on the 12th day of December, A. D. 1918, be and the same is hereby amended to read as follows: "Section 4. That the grantee of said franchise, its successors, or assigns, shall use the best materials in the construction of said railroad track. The grantee of said franchise, its suc- cessors or assigns shall, as soon as said railroad track shall have been constructed and within not to exceed thirty days aft- er its completion, repave said street be- tween the rails of said railroad track and restore the pavem�n t on said street to as good condition as'fthe same now is; and shall, during the life of the franchise herein granted, pave or re -pave, that por- tion of said street between the rails of said railroad track and for a distance of two fetet on each side thereof. whenever it shall be required so to do by said City of Anaheim, and the grantee of said franchise shall keep the same in repair flush with the street and provide a good and suitable crossing: provided further that said grantee, its successors or as- signs, shall at its own cost and expense, reconstruct, repair and replace any and all, sidewalks that may be disturbed or in- jured by the said grantee in the course of the construction of said railroad track. Said railroad track shall conform at all • times to the established grade of South .,,�_'Iaudina street in the City of Anaheim, so that the top of its rails shall be flush with the street grade. All repairs made by the said grantee, its successors or assigns, shall be made under the supervision of the Superinten- dr•,t of qt ­ pts, of the City of -Anaheim. In case the said grantee, its successors or assigns, shall fail to comply with any Instructions given by said Superintendent of Streets, for necessary repairs or for re -macadamizing saidmacadamizing or re -paving st et,or hallr fail 'or neglect to so construct, repair or re- place said sidewalks as aforesaid, for ten (10) days after service of notice thereof upon the President, Superintendent, Man- ager or other officer of said grantee, its. successors or assigns, then the Superin- tendent of Streets of the City of Anaheim mac, with suitable assistance, enter upon said railroad track, or any portion there- of and do the work and furnish the prop- er material and keep an itemized ac- count of the cost thereof, which said grantee. its successors or assigns by the acceptance of thisfranchise agrees to pay promptly to the City Clerk of the City, of Anaheim, upon the presentation of the account to the President, Manager or oth er officer of said grantee. Section 2. All ordinances and parts of ordinances in conflict with the provis- tons of this ordinance, are hereby I - pealed. Section 3. The City Clerk of the City of Anaheim. shall certify to the passage of this ordinance and cause the same to be, , published gnce, in the Anaheim Gazette, a newspaper of general circula- tion, 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 13th day of February, A. D. 1919. Attest: J. J. DWYET:, ]'resident of the Board of Trustees of the City of Anaheim. ED1A'AT21) ]:. 1'lE1tR1TT, (Seal) City Clerk of the City of Anaheim. STATE OF CALIFORNIA. ) C'(rT'NTY OF ORANGE, -).ss. CITY OF ANAHEIM. ) T, 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 said Citc of Anaheim, held on the 23d day of Januar*-. _y. D. 1919, and that the same was passed and adopted at a regu lar meeting of said Board of Trustees:. held on the 13th day of February. A. 1). 1919, by the following vote: Ayes, Trustees: Dwyer, Backs, Gibba and McFadden. Noes. Trustees: None. -Absent and not voting. Trustees: Stark: And I further certify that the President of the Board of Trustees of the City ori Anahelm signed and approved said Ordi- nance on the 12th clay of February. A. D. 1919. In witness whereof I have hereunto set rnv hand and affixed the official seal of the City of Anaheim, this 13th day of February. A.. D. 1919. (Seal) EDWARD B. MERP.TTT. City Clerk of the City of Anaheim. - -IT-- - - 3 4 5 0 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 2-,D I !',T.11y C -3" ISG. 13, q- �L :T ?1TJ r1ITy 0�1 ,�TTj- -'I- I D.40'r'IO' 4 -]-C 02 T.&I T ��T.TZI D 1 1 G 4r�, WT O.RDI:77.11'C�4 FO. 34:2 02 3.t!ID CITY 0 !ZL" T C 2, I. A'qO'j- C CITY 02 G�-L TI - ','G TO T111-4-.1 A" R�111 I C) G �'; A!"M - -4'ko� - V '-�IGELT TO �2r 20"-" ---�IRIOD O -"q -62 10 F -1 i) - - -L -� -1 U M - - C'r I 1- 2IFTY Ir OV --1- IC)',- 0,--,l 3OTT11,T1 Cl'.j:jDj"T ��"`IjT H' 3 L; �j TT 'T 01 �iDO7�T%'D ON T' 12th DAY 02 D- 19 1& The Board of Trustees of the City of Anaheim do ordain as follows: S --:c 71 10' 1 `,---ction 4 of Ordinance '1 umber 342 of the I. City of Aaarieim, entitled "ajl ordinance of the Cit- of �:aaheim, grantinc, to the Anaheim Orange and Lemon Association, a coroor- Ll� ation, the right to construct, and for a period of fifty years, to operate and maintain a railroad sour track in and over a cer- tain portion of South Claudina S�reet, in said City'* passed and M adopted by the Board of Trustees of said City, on the 12th day of December, A. D. 1918, be and the same is hereby amended to read as follows: ft 3-46CTIO 4. That the grantee of said franchise, its suc- cessors, or assigns, shall use the best materials in the construct• ion of said railroad tracE. Tile grantee of said frazichise, its successors or assigns tj shall, as soon as said railroad trac-I.- shall have been constructed and .,iithin not to exceed thirty da -,,S after its completion, re- pave said street between the rails of said railroad track and re- store the pavement on said street to as good condition as the same now is; and shall, during the life of the franchise herein granted, pave or re -pave, that portion of said street between the rails of said railroad track and for a distance of two feet on each side thereof, whenever it shall be required so to do by said City of Anaheim, and the graatee of said fraxiciiise shall keep the same in repair flush with the street and rrovida a good and suit- able crossinr,; pLrovided further that said grantee, its successors or assigns, shall at its own cost and ex-nense, reconstruct, repaii BE 3 4 5 a 7 10 11 12 13 14 15 16 17 18 19 so 21 22 23 24 25 28 27 28 29 30 31 32 and replace any and all side walks that may be disturbed or injared IV V by the said orantee in the course of the construction of said rail- road track, Said railroad track shall conform at all- times to the established grade of South Claudina Street in the City of &naheim, so that the top of its rails shall. be flush with tlrie street grade. All repairs made by the said Zrantee, its successors or assi,gns, shall be made under the supervision of the Superintendent of Streets, of the City of Anaheimn. In case the said grantee, its successors or _-sbigns, shall fail to comply 1xith any instructions given by said Slip e ri nt aadant d of Streets, for necessary repairs or for -n avinZ, or macadamizing or re -paving or re -macadamizing said street, or shall fail or ne- glect to so construct, repair or replace said sidewalks as afore- said, for ten (10) days after service of notice thereof upon the President, Superintendent, l'-zaaager or other officer of said Z_rantea its successors or assigns, then the Superintandent of Streets of the City of Anaheim may, �%,ith suitable assistance, enter upon said railroad traclx-t or ai'iy -,portion thereof and do the worh- and furnish I the -rorer material and 1--ee-p an itemized account of the cost there- of, which said. ,Grantee, its successors or assi,,ns, by the acceptanci i e of tTlis franchise agrees to pq, promptly to the Cit- Clarlj;- of the I V .1 1 Cit7- of &i-iaheim, upon the ­resent&tion of the account to the Pre; i - dent, LaLa�er or other officer of said rgrantee. 33CTIO1.1 2. All Ordinances and parts of Ordinances in con- flict -irith the norivisions of this Ordinance, are hereby repealea. W - 3. The City Clefl� of the Cit;,- of Anaheim, Shall 4Y certify to the passage of this Ordin--nce and cause the same to be nublished once, in the -Inaheim, Gazette, a navvspapar of general -2- 2 3 4 5 a 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S9 30 31 32 circul&lu-iorL, orii-ited -?,ablis-.ied an -6 circulated in said Cit,,, and thirtzy da", -,s froi.1 ��d after its final nassa?a, *t all tare effect and be in ft -kill- force. f fore,goii--F is sl,-.1'ecL and attested by tris -P .2'abruiary d o I W President- 3j�kdl-01�-'—U.stea 3 uha" t .:It t a st L 7i t �---7C 16 of tree Ci-- 0 f ttlLj COUII�'IYY CI -A' 3. 1.1arritt, City 10,jarI, of the Git-T! of Anaheim, do hereby certify that the foregoinc Ordinar-ice was introduced at 0+, -aj d Cit- of aini, held of the Board of 1"r-1 teas on the 23rd day of aua=, i. 1919., and that the �:U-ne was pissed and adopted at a rag ular La at i rieof said Board of '2rusteas held or. the da- of Zebruary, .!. D. 1919 b -T t',I-La follow il"17 Vote: as <NI .ix �13, , T r LL s t a 140-i , Trustaes YU,2 I.L1.6 , -'ruste e$ And I further certify that the President of the Board of Trustt-;es of t1ie Cit-, of c.nahaim signed and approved said. Ordin- ance on the day of -11abruary, , 99 J14 '�VIT-111i.;-.i,33 I have heraunto set my hand and affixed the official seal of the City of Anaheim, this /.3'4 --day of Pabru- ity Clar'l, of the t;;?. ?. of zlnaheim.