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479y r Affidavit of Publication In the. Superior Court of the County of Orange State of California Plaintiff vs. Defendant STATE OF CALIFORNIA, 1 County of Orange, ss. eing first duly sworn, deposes and says: That at all times hereinafter mentioned, he was a citizen of the United States, over the age of eighteen years, and a resident of said county, and was at and during all said times the printer, publisher and l,roprietor of the Anaheim Gazette, a newspaper of general circulation, print ed and published weekly in the City of Anaheim, in said County of Orange, Slate 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 He 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 preceLd ggtthe/fi/rsst publliiccaation of the notice herein mention- ed; that the ...........!(!..1 ... 1' . ..................... ... ..................... ....... ,............................. jof 'which the annexed is a printed copy, was published and printed in said newspaper at least 7. j .............. ..... / .... times, commencing on the < ........ day of ... .....................19'2..., and ending on the .............. o................•...........192...,both days inclusive, and as often during said time as said newspaper was regularly issued; that is to say, on the following dates, to-wit: .......r.......... !.... .... .... „ ' ... . O. ........ :. .:. SUBSCRIBED AND SWORN to before me this --_-_/7�___- day of ----G ------- 192477 _ . ,•, k r R n r F.�cr7iF '9 C phone or telegraphic wires, or other devices for the transmission of telephon- wires or devi es for the transmission of is or telegraphic messages or of electric - telephonic or �1egraphic messages or of fly or electrical energy, or for any other avit of Publication eleetric ty or electric energy or poles or )mpose, in conduits to be constructed other structures fora other purpose by said persons, firms or corporations upon the hereinafter designated portions owning, operating, maintaining or in the erior Court of the County of Orange I of the following streets in said city, to- possession of any such telephone or ,-t• telegraph wires or other wires or de - State of California �)IZ .................�eing first duly Limes hereinafter rnent.ioned, he was age of eighteen years, and a reslaent II said times the printer, publisher and ewspaper of general circulation, print Anaheim, in said County of Orange, Gazette is and was at all times herein ulaticn and is published for the dis- w; and intelligence of a general char- ist of paying subscribers; that at all tabli�hed printed and published in the nd State at regular intervals for more lication of the notice herein mention- .......................hof 'which the ,ed and printed in said newspaper at f' ............times, commencing on the ............192"5, and ending on the ... ...192...,both days inclusive, newspaper teas regularly issued; that 1 n , ot- n Boa ruse es , trcet from. the m On East Center Street from the East vices for the transmission of telepl nne northerly property line of East. Brom-' ,•c;it n e: xic en^rgy h�• means of STRUCT OR MAINTAIN POLES OR or telegraphic messages or of electricity cr cables under, slop; or across S'fRL'('LCURES FOR THE SUPPORT property line of South Orane Street or ^ of c'ctrical energy or of any such OR CARRIAGE OF ELECTRIC present City Limits on South Los An emended northerly said East other structures su pportint or carrying geles Street. SECTION *2: Any and all such poles 1 ,y )_ Anaheim," passed and adopied by the Board of Trustees Of said City of Center Street t„ the eastorlp property � ,-ares or cables for any other purpose, Anaheim on the 8th day of July A. D. ane of S-744-i,;1ariel )l.ia Street ex Irission of telephone or telegraphic mes- 1:)15; anis thereafter all such ele:,tric, SION OF' TELEPHONIC OR TELE- tended r-rthe ' frcross said East Cen- ,;ages or of electricity or of electrical GRAPLIC MESSAGES OR OF T tet Street ; ELECTRICITY OR ELECTRICAL sages orof electric energy or poles or teleph ,nic or telegraphic messages or of On Weat Ccnt(,r Street fro*,) the east- energy or of any such other purpose which said conduits be cle eiricity or of electrical energy or mny j STRUCTURES FOR ANY OTHER erly prop rty line of N rth Cicn-entine shall constructed under the surface of said portions of 1 I'RPOSE UPON CERTAIN POR- OF CERTAIN STREETS IN mated streets, are hereby declared to be 1 Street c-xt, ndr I Southerly across said I said streets and shall be constructed, a public nuisan^e. Any and all persona c M.", of the. herein designated streets, West Center Street to the westerly line kept, operated and maintained in ac - s_nall b: op rated and maintained with STRUCTURES TO BE A PUBLIC of North Palm Screet extended souther- cordance with the provisions of O_di- j NUISANCE; DECLARING IT TO BE iy across said West Center Street. r ance Aa. 290 of the City of Anaheim, j UNLAWFUL TO OWN, HAVE OR On North Los Angel(,,S`reet from the - zlitled, "An Ordinance of the Citi of u southerly property line of Eant C,ypres Street na earn adopting specifications for the e co; extended westerly across said ce,nstnttetioir of underground c•rndlits � OR,DI'=iA10E TNUMBER• 479 Forth Los Angeles Street to the center for .v.�es or cab:cs used in the transi:nis- WITHIN SAID CITY; PROVIDING line of North Street. .ordinanceshall take effect shall be re - FOR THE REMOVAL OF SUCH O S rt' I 1 . 5 sion of telephonic or telegraphic mes- AN ORDINANCE DECLARING IT TO n , ot- n Boa ruse es , trcet from. the m or for the transpniss; of Coe - BE I NLAWFUL TO ERECT, CON- northerly property line of East. Brom-' ,•c;it n e: xic en^rgy h�• means of STRUCT OR MAINTAIN POLES OR vvay Street extended westerly ace:)95I,,.res cr cables under, slop; or across S'fRL'('LCURES FOR THE SUPPORT said South Los Angeles Street to the ,t the pubic streets, avenues, al - OR CARRIAGE OF ELECTRIC present City Limits on South Los An s n)es, <).n'.s or laces ;cithin the p TELEPI4O_,N ' OR TELEGRAPH geles Street. SECTION *2: Any and all such poles 1 ,y )_ Anaheim," passed and adopied by the Board of Trustees Of said City of WIRES OR OTHER WIRES OR and other structures for the support or Anaheim on the 8th day of July A. D. . I^,S FOR THE TRANSMIS- UPA'1. carriage of electric, telephone or tele- 1:)15; anis thereafter all such ele:,tric, SION OF' TELEPHONIC OR TELE- graph wires or devices f, -,r the transmis- telephone or telegraphic wires or ocher GRAPLIC MESSAGES OR OF sion of telephonic, or telegraphic mes- ivires or deices for the trans ii ,iim of ELECTRICITY OR ELECTRICAL sages orof electric energy or poles or teleph ,nic or telegraphic messages or of ENERGY, OR POLES OR OTHER other structures for any other purposes cle eiricity or of electrical energy or mny j STRUCTURES FOR ANY OTHER upon said portions of the herein desig- nuc h wires or cable_, for am» other ) r- 1 I'RPOSE UPON CERTAIN POR- OF CERTAIN STREETS IN mated streets, are hereby declared to be 1 pose through. over r along said p �)r- "`IONS a public nuisan^e. Any and all persona c M.", of the. herein designated streets, THE CITY OF ANAHEIM; DE- Ci,ARING ALL SUCH POLES AND firms or corporations owning, having of maintaining any such pr -es or strut- s_nall b: op rated and maintained with STRUCTURES TO BE A PUBLIC tures upon or along any of said portions such conduiis. NUISANCE; DECLARING IT TO BE of the herein designated streets, shall `lI-t'TION 4: Any of such 1) le� or UNLAWFUL TO OWN, HAVE OR within ninety clays after the time that e r strict ur _s re paining upon or MAINTAIN SUCH POLES OR this ordinance takes effect, remove such I f e iany othe said portions of thes STRUCTURES UPON SUCH POR- poles or structures from said streets. I herein designated streets, after ninety TIONS OF SUCH PUBLIC STREETS, SECTION 3: All persons, firms or , (lays from and after the time that this WITHIN SAID CITY; PROVIDING corporations owning, operating or in .ordinanceshall take effect shall be re - FOR THE REMOVAL OF SUCH possess�o n of any such poles or strue- moved by the Superintendent of Streets POLES AND STRUCTURES, AND tures for the support or carriage of elec- of said City. PROVIDING FOR PUNISHMENT tric. telephone er telegraphic wires or SECTION 5: Any person, firm or FOR VIOLATIONS OF THIS ORDI- for other wires or devices for the trans- corporation violating any of the provis- NANCE, mission of telephonic or telegraphic i ions of this Ordinance shall be deemed messages or of electricity or electrical guilty of a misdemeanor and upon con - THE BOARD OF TRUSTEES OF THE energy, or poles or other structures viction thereof shall be punished by a CITY OF ANAHEIM DO ORDAIN supporting or carrying wires or cables 1 fine not exceeding Two Hundred Dol - AS FOLLOWS: for any other purpose over, upon or along said , tions of th h d lars ($200.00) or by imprisonment in the 'Cr . e erem es g- City Jail of said City not exceeding , SECTION 1: No person, firm or nated streets withinsaid City of Ana- sixty (SO) days, or by both such fine and corporation shall erect, construct or herrn, shall within ninety days after this I imprisonment. maintain any pole or other structure for ordinance takes effect, place and con- SECTION 6: if any section, subsec- the support or carriage of electric, tele- struct all of such wires; cables or other tion, sentence, clause or phrase of this 1 Ordinance shall for any reason, be held to be unconstitutional by any Court of competent .jurisdiction, such decision shall not effect the validity of the re- maining portions of this Ordinance. The Board of Trustees of said City of Ana- heim hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more other sections, subsections, sentences, phrases or clauses thereof should be declared unconstitutional. SECTION 7: The City Clerk of the City of Anaheim shall certify to the pas- sage of the Ordinance and cause the same to be. published once in the Ana- heim Gazette, a weekly newspaper of gcncral c reLilation, printed, published and circulated in said City of Anaheim, and thirty days after its final passage, it shall take effect and be in full force. The foregoing ordinance Number 479 is Signed, approved and attested by me this 10th day of December A. D. 1925. PERRY W. MATHIS, Presidee nt of the Board of Trustees of the Cit,, of Anaheim. (SEAL) AtteS�: EDWARD L. MERRITT. City Clerk of the City of Ano.heim. STATF OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I Edward 13. At rriti, City Clerk of the :_'ity of 1n,behn, do hcreb.%r certify that the for ng Ordinance was intro- duced at a uu.etin, of the Board of Trustees of the &y of Anaheim, held on the Ah day of November, 1925) and that Ole saine was passed and adopted at a ruse ting of said Board of Trustees held t f 0 7 r • o. �cem ri on the loth day D. y the following vote v LS: MATHIS, MILLI.R, GRAF- T,-).',', RAF - TO ,'FRANZEN, STOCK. 'e O.'S : .:ONE. Ai SENT AND i OT VOTING: ONE. -1ncj I further cc 'ify that the Presi- dent of the Boorcl of Trustees signed and approved said Ordinance on the 10th day of Decen bcr 1fr25. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City, this the 10th day of December 1925. EDWARD B. MhRRITT, Clerk of the City of Anaheim. (SEAL) 19.-17-1t 1 2 3 4 5 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 ORDINANCE NUMBER 479. AN ORDINANCE DECLARING IT TO BE UNLAWFUL TO ERECT, CONSTRUCT OR MAINTAIN POLES OR STRUCTURES FOR THE SUPPORT OR CARRIAGE OF ELECTRIC, TELEPHONE OR TELEGRAPH WIRES OR OTHER WIRES OR DEVICES FOR THE TRANSMISSION OF TELEPHONIC OR TELEGRAPHIC MESSAGES OR OF E'LECTR.ICITY OR ELECTRICAL ENERGY, OR POLES OR OTHER STRUCTURES FOR ANY OTHER PURPOSE UPON CERTAIN PORTIONS OF CERTAIN STREETS IN THE CITY OF ANAHEIM: DECLARING ALL SUCH POLES AND STRUCTURES TO BE A PUBLIC NUISANCE: DECLARING IT TO BE UNLAWFUL TO OWN, HAVE OR MAINTAIN SUCH POLES OR STRUCTURES UPON SUCH PORTIONS OF SUCH PUBLIC STREETS WITHIN SAID CITY: PROVIDING FOR THE REMOVAL OF SUCH POLES AND STRUCTURES, AND PROVIDING FOR PUNISHMENT FOR VIOLATIONS OF THIS ORDINANCE. THE BOARD OF TRUSTEES OF THE CITY OF ANAHEIM DO ORDAIN AS FOLLOWS SECTION 1. No person, firm or corporation shall erect, con- struct or maintain any pole or other structure for the support or carriage of electric, telephone or telegraphic wires, or other wires or devices for the transmission or telephonic or telegraphi messages or of electricity or electric energy or poles or other structures for any other purpose, upon the hereinafter designated portions of the following streets in said city, to -wit: On East Center Street from the East property line of South Orange Street extended northerly across said East Center Street to the easterly property line of South Philadelphia Street extend6d-northerly across said East Center Street; On west Center Street from the easterly property line of 11 North Center Street extended Southerly across said West Center Street to the westerly line of North Palm Street extended southerly across said West Center Street. On North Los Angeles Street from the southerly property line of East Cypress Street extended westerly across said North Los Angeles Street to the center line of North Street. On South Los Angeles Street from the northerly property line of East Broadway Street extended westerly across said South Los Angeles Street to the present City Limits on South Los Angeles Street. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19, 20 21 22 23 24 25 26 27 28 29 30 31 32 1) SECTION 2: Any and all such poles and other structures for the support or carriage of electric, telephone or telegraph wires or devices for the transmission of telephonic or telegraphic messages or of electric energy or poles or other structures for any other purposes upon said portions of the herein designated streets, are hereby declared to be a public nuisance. Any and all persons, firms or corporations owning, having or maintaining any such poles or structures upon or along any of said portions of the herein designated streets, shall, within ninety days after the time that this ordinance takes effect, remove such poles or structures from said streets. SECTION 3: All persons, firms or corporations owning, operating or in possession of any such poles or structures for the support or carriage of electric, telephone or telegraphic wires or for other wires or devices for the transmission of telephonic or telegraphic messages or of electricity or electrical energy, or poles or other structures supporting or carrying wires or cables for any other purpose, over, upon or along said portions of the herein designated streets within said City of Anaheim, shall within ninety days after this ordinance takes effect, place and construct all of such wires, cables or other devices for the transmission of telephonic or telegraphic messages or of elec- tricity or electrical energy, or for any other purpose, in conduits to be constructed by said persons, firms or corporations owning, operating, maintaining or in the possession of any such telephone or telegraph wires or other wires or devices for the transmission of telephone or telegraphic messages or of electricity or of electrical energy or of any such other structures supporting or carrying wires or cables for any other purpose, which said conduits shall be constructed under the surfs of said portions of said streets and shall be constructed, kept, operated and maintained in accordance with the provisions of -2- R 1 Ordinance No. 290 of the City of Anaheim, entitled, "An Ordinance 2 of the City of Anaheim adopting specifications for the construction 3 of underground conduits for wires or cables used in the trans - 4 mission of telephonic or telegraphic messages, or for the tbans- 5 mission of electricity or electric energy by means of wires or 6 cables under, along or across any of the public streets, avenues, 7 alleys, lanes, courts or places within the City of Anaheim," 8 passed and adopted by the Board of Trustees of said City of 9 Anaheim on the 8th day of July A. D. 1915; and thereafter all such 10 electric, telephone or telegraphic wire or other wires or devices 11 for the transmission of telephonic or telegraphic messages or of 12 electricity or of electrical energy or any such wires or cables 13 for any other purpose through, over or along said portions of the 14 herein designated streets, shall be operated and maintained with 15 such conduits. 16 SECTION 4: Any of such poles or other structures remaining 17 upon or along any of the said portions of the herein designated 18 streets. after ninety days from and after the time that this 19 ordinance shall take effect shall be removed by the Superintendent 20 of Streets of said City. 21 SECTION 5: Any person, firm or corporation violating any of 22 the provisions of this Ordinance shall be deemed guilty of a mis- 23 demeanor and upon conviction thereof shall be punished by a fine 24 not exceeding Two Hundred Dollars ($200.00) or by imprisonment in 25 the City Jail of said City not exceeding sixty (60) days, or by 26 both such fine and imprisonment. 27 SECTION 6: If any section, subsection, sentence, clause or 28 phrase of this Ordinance shall for any reason, be held to be 29 unconstitutional by any Court of competent jurisdiction, sueb 30 decision shall not effect the validity of the remaining portions 31 of this Ordinance. The Board of Trustees of said City of Anaheim 32 hereby declares that it would have passed this Ordinance and each -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 v 0 section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more other sections, sub- sections, sentences, phrases or clauses thereof should be declared unconstitutional. SECTION 7: The City Clerk of the City of Anaheim shall certify to the passage of the 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 of Anaheim, and thirty days after its final passage, it shall take effect and be in full force. The foregoing Ordinance Number 479 is signed, approved and attested by me this /dtt' day ofA.D. 1925. sidef df` Board of Trustees o he City of Anaheim. ( SEAL) Attest: &44wa.-t. City Clerk of the City of An ah im. -4- 1 2 3 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 5 STATE OF C-hLIFORN IA COUNTY OF ORP.NGE 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 -�.-7 ctl� day of-�..�,�,r, L(,�.,_ 1925 and that the same was passed and adopted at a meeting of said Board of Trustees held on the 14 -tz- day of o Lc,GmLt- 1925, by the following vote: / ,-N AYES: i')2. 1�[,.ai.�PIA" NOES: ABSENT AND NOT VOTING: And I further certify that the President of the Board of Trustees signed and approved said Ordinance on the /Ozrz:- day of 1925. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City, this the /o day of 00 a:ct.,,,t— 1925. o Clerk of the City of An im.