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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 114 Inotlllm Si aam l-9aanas .zo; .S491 ................ ..... ...................................being first duly ;V Sag4???Ni uo eall?Muto0 ;asttog 8114 . 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 . L� [ -aas ;o no p9a94spUL faloq slq ;o atul4 ed; that the .........1✓2:.: . / !.. ............ i eqj Ig did ,sA4uoM 9aag4 plod oq digs 'sdioo asanu Sutai atp ao sdaoo aulaiut ............................................................ ............ j j ao .Beau `Stuau 0114 3o ugut pe4s1lua .............................................................of which the Saana 4u111 2ulPlnoid I1?q V } go `sautuf 0ni4i4u9saadarl annexed is a printed copy, was published and printed in said newspaper at a o �IlmlT ?g4uau14 a41uR 114 3 least ....:�?.!,...T,�`...................... the �` 41m panaas.fet14.3I .fad ualxa , �a• o pun 1904ulS PG4Tuja 9110 A) ,� ............................. _—__.. .,__d_ ag-on the aUjgU00 0114 oplG4110, panaas y --- ............................ 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 1 .: ...1! .... �. �.7.. lamas Tingu pui .fa1e4Tilui ati0 ®... .. .... ... .. . ul panaas 8ni11 oqm uant put: 'saaalgo 1u114.2ulPtaoad Illq u pe3npoa4ul osis '. '..................... anlai-4uesaadau '93ll uutlln?o ala is aq4 aiam 04 pemollu aq Salp luti4 u 08ai43slP J [q 30 lawl� 4 418 uols 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 I 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.' 3 4 5 7 10 11 12 13 14 15 16 17 18 19 so 141, 06 26 27 28 29 30 31 32 ,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 AO 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, 4 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, -1- 1 a.11e =s or sideway -s; providad, that no danosit shall be less than 2 .five dollars; and nrovi.ded further, that snTT raison, firm or cor- 3 noration inter.din,, to r"_3' -e excavations in :any public streets, 4 i alleys or sidewaly-s rna-r mane and maintain a aaner�al dewithosit with i t1he said Iu.�aril.tandent of ?treats in the sum of Five Hundred 5 Dollars for any dam es, and as indemnity for any aa;mfia9G, which I 6 i y 7 I ma— be caused by the mahin,, of sich a:ica,vaticns; or any such per- j son, fir.. or corporation ma`-, in lieu of Ouch de1�osi.t, file with 8 i the City Clem of said Cit; , a bond in 'Uha penal stun of not less � 9 � I 10 than Five Hundred Dollars, e_iecuted by two or more sureties, who 11 I shall justify in double the venal sum need in said bond, or by a cornorate surety, authorized to execute bonds and undertakings 12 �! I under and by virtue of the laws of the State of California, which 13 14 1 said bond shell indemnify said Cit;;- for any damages which may be caused by marina such excavations and shill be further conditioned! 15 upon the compliance by such person, firm or cornor,wtion with all j 16 provisions of this ordina-ace. 17 a,id bond shall be s{a.b feet to the annrovnl of the Board of 18 Trustees of said Cit,;- a..nd shall remain on file in the 6ffice of 19 the City Clerh of said Cit"y 20 Ale such f-,aneral deposit is maintained at the said sum of 21 five hundred dollars or such bond rent in full force and affect, 2.2 1 1 any st ch person., firm or corporation shall not be rewired to 98 make the special clenosits hereinbefore-rovided for, but Shall be 4 required to file written notice of intention concerning su.ch ex- � 95 cavation, as above rrescri.hed, before beCirnin, the swr'al � 26 I Section 2, That Section 2 of said Ordi},-anca ''o. 215 be and 27 the sa a is hereby ac.anded., to read as follows: 28 SCTIC,1. 2. The Superintendant of Gtroets, on reeeivina the 29 written notice and tna caner ,l or special darosit renui_red by 30 Section 1 hereof, shall issue a receipt for rich danosit, and 31 shall open w: d keep an account thereof. Said recaint shall 32 i h i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 lb 18 17 18 19 20 21 22 23 a4 25 I 28 27 28 29 30 31 32 1 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 3 { 4 6 6 7 a 9 10 11 12 13 14 16 16 17 18 19 20 21 22 r. 24 26 26 27 28 30 31 32 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:_ I 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 i 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