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HomeMy WebLinkAboutOrdinance #225 2 A O . ORDINANCE NO., ORDINANCE OF THE BOARD OF TRUSTEES 01' ',,IMi ClTY OF MITG`TON BEACH, ORDERIIMr THE Ii,IPROVE*!�T HU ITT OF FIFTH STREET BY THE `."FIDENING THEREOF, IN ACCORDAI CE T7ITH ORDIITAITCE OF I=\T`i'EiTTIOTT iTO. 222 AND ORDERING THE CITY ATTORI EY TO :BRING' AN ACTION IF THE NA12' OF, THE IMITI- -� CIPALITY FOR THE CONDEMIKTATION OF THE PROPERTY NECESSARY OR CONMI TILITT TO RE TA'{ET, T1I LIi'OR, `FITREAS, 11EP311110-M Ill", on the llth d y Of July, 1921 , the Baord of Trustees being the City Council of the City of Huntington Beach, duly and regularly passed its Ordinance of Intention lJo. 2221 declaring the intention of said Board of rl'r-,stees to order the widen- ing of Fifth Street between Ocean Avenue and 1,11 dLin. Street in said City of Hunt in`t,on Beach, as is more part i cul wrly shown by reference to said Ordinance of In :.ention Fo. 222, and '•,.rT-TERuAS, 2aid Ordinance was thereafter dul„r pub .is1red ac- cording to law, and 1VTJEMAS, notices of I)ablic' work were duly -posted according; to law, pursuant to -,aid Ordinance ;o. 222, by the Stre t:t `superintendent of the City of _.'unt i n.-;to n 3e ach, and D RIMS, the slid Street Superintendent caused E. notice si.. filar in subot^i ce to the Notices so posted, to be published by Two (2) insertions in the .Huntington Beach _1.ews, a weekly nel,rspaper, printed, published and circulated i1 s,,,.id City of Huntington Beach, which. news-)aper was desirmated by the said City Council for I -t y�urpose all in accordance as d required by laW, and " HEREAS, the City Clerlc nailed, postal cards as required by said Ordin',-rzce of Intent ion ;o. 222 and by the "treet Opening Act of 1903, and `7F:ER1j�AS, certain_ _ rotests ,,Terefiled with the City Clerk. a gainst said Liiprove,,ient , and '12R ;AS, said - rotests !'.,ere not signed oy tl1e owners of a ;,:ajority of the frontage of the property fronting on Streets or parts of streets, ,,ri.t hin said assesm._ent district described in said Ordinance ,,To 222 and said City Council so found the fact to be, and -1_ WHEREAS, the time within w'L- ich protests :mi`ht be Filed a-ainot caid L.proveraent expited, and :HEREAS, the City Clergy: endorsed on.,sucA protests, the c. :te of its reception by him a,,.d at th.e next re ular meetim, of the City Council after the ex-oirwtion of t:.re said tia-:,ie for filin" protests, he nc� o e City Council,p t ts so filed 'with him, and 17H.EMEAS, the City Council did t Hereupon by Resolution iTo. 367 of s:.id Bard of 'trustees , fir_ a tinne for t'-,,e ':.ea,rin of said pro- tests, at a time riot less t'.,.em Ten (10) days after t _e :'.ieetina of raid Council, at which said CiMe 'aas So fi:,ed, and caused notice of the time of such hearing; to be published by at least Two ( 2) insertions in 8" ,,vee'1ly news-paper, so published end ciroulF�ted, aiad 71DIRE:'1S, said notice was SO -iv.en by such publication, cnd `Rri-LPFEAS, t'ze Hoard of Tr,.?stees inet ac the ti_._c ;-:,enj oned in tia..id notice, bein ; date -o set for the .-ie�-,rin of said )rotests. and has heard said. -,protests u.c_ :_ r considered the =.mf ~assed u-)on t'le r. -,}1d 71HEREPAS, t'he s:;,ic. :)oard of Trusteea has denied r,aid protests and. as accyuirect to order the i::L,�rOVE'ilel7t described in said Ordinance of In,-ention --`o. 222. YOW THEREFORE, The 3c:,-.rd of `. rustees r-•f t1i.e City of Huntin 'tors 3ea.c'_-r rio or- c -in as follows : SECTION 14 That the 3dard of 'trustees of the City of Tunt- ington Beach, being the Ci�•y Council. of said City , does hereby order the said improver,lent to be i._ade , to=.r it : The itr ideninE; of F ii'ti1 Street from '_:,.in -street to Ocean Avenue. in said City, in accordance with the provisions in Crdina ce of Intention :_.-o. 222 �f said City, SECTION 2. The caid Board o : T-1-ustees hereby directs an action to be brou�'it by the City Attorney of said City of Huntin ton -)each in the Tiro:Der Superior Court , to = it : The Superior Court of the County of Orange, State of C,,lilornia, in tl,.e name of the rnunici- p l_ity, to ivit : City of Huirt into neacl�, for file corrde,;-nation ion of the property necessary or converiier�,t co be taw en for sucl. iri:rove.;.ent. -2- rl 4a SECTION 3. Reference is hereby .lade to said Oraincnoe of Intention i0. 222 for descri',Dtion of . is -�i-o erty convenient or nec - essary to be ta,'-en for such ir.provel.ent and for tl"'_e 2Ssess=':e_1t district to be l ssessed for sued i!-,r)rove;:,ent. SECTION 4. Said -ct ion w:1USt be -brou.`Dxt w i tizin ai=ty ( 6o) days meter _c --)a,ssage of Orl—li,n.nce, bllt. the City Council ,:.,,ay by OrC_inance e,:cend t=_e ti..e fc girl ink, 3aid action loran a,dditionFl per iod not e.:ceedin inety (`0) days. Said- .ction o'.a11 be browlit- in ac•- corc«�ce rit11 the ,'treet Opeir1� act of 1903 of file State of California n 1i r^i' �t f�- �' T " a c n SECTI0_T he City C r:- shall certify uc the i:)as:ja-;e of t.-As i;rdinance and-'.shall c u,,e ti2e S;<'L1e to be _ubl __s led by One insert - ion in the -iuntin-t-on Beach :L;E'':.'s, a, free::ly ne';'7S-')aper, Jr inted, pub- 1is_-ed nc.. ci.rcuI -ted in t.ae said City o ' Huntingcon Be ,ch and Thirty (30 ) days t'.Iereafter it shall t?-=e effect -.ndbe in -Force. PASSED 77D ADOPTED, by the Board of l'i,ustees of the City of "untin.� ton ��ec.,c��, t'iis �J day of 1c)21. enu t'"Le 'or:.r;' -o- Trustees of ^ the City of i=untn�ton .tie .ch. AT TEST G City Cler1_ lie ,:_-oPfici Cler_: �oi t'_.e Board of" r_'rustees oi' _Ie City of 1-1-Tu1_tin�;ton Dea.ch, California. OF C-AlIFO?1.TI A, ) County ol" Orange , ) ss. C i tv of 'Hunt in';t on :tee nch. ) I, C o's. P. :;a t, C; it�r Cler' cnd ?::-o 'idio Clerk of the Board of Trustees of t1le City of iiuiitin�on Beu,ch, do ilereb; certify that the foreLsoing Ordin-mce _;o. _21�,L was intror.uced c-nd read at a regular Ae11 Of tj:le Board of Trustees of said City, .':le_l.d on t.i1e p day of 1921, ,-,nd ,ras na�ssed c_nd -,do-Ited at an evein�; re o the said :30 .rd o ' Trustees , ;geld or, the , ay o%' 1921 , by t-"Ic: 1-oil_o—iilg cte . A=<SEi:T � -- - Cl.t�r Clem:. - -3-