HomeMy WebLinkAboutCity Council - 394 RESOLUTION
NO. 394
RESOLUTION OF THE BOARD OF TRUSTEES
OF THE CITY OF HUNTINGTON BEACH ORDER-
ING THE CITY ENGINEER OF SAID CITY TO
TO ,."TAKE AND DELIVER TO THE STREET SUPER-
INTENDENT OF SAID CITY, A DIAGRAM AS
PROVIDED BY LAW IN THE WIDENING OF FIFTH
STREET OF SAID CITY, BE IT RESOLVED BY
THE BOARD OF TRUSTEES OF THE CITY OF
HUNTINGTON BEACH.
F=WHEREAS, heretofore the Board of Trustees of the
City of Huntington Beach passed and adopted Ordinance No.
222 of the City of Huntington Beach determining that the
public interest and necessity required the widening of
Fifth Street.
17HER.EAS, thereafter on the 3rd day of October
1921, the said Board duly and regularly passed and adopted
Ordinance No.225 of said City ordering the improvement of
Fifth Street by the widening thereof in accordance with
ordinance of :lntantion No.222 and ordered the City Attorney
to bring the action in the name of the municipality for
that purpose, and
WHEREAS, said action has been commenced and has
been duly and regularly prosectued and an interlocutory
,judgment has been entered in said action as provided by law.
Section 1. NOW, THEREFORE, the said interlocu-
tory judgment having been duly and regularly entered on, the
18th day of May, 1923, the Board of Trustees of the City
of Huntington Beach, being the city council of said City,
does hereby order the City Engineer of said City of Hun-
tington Beach to make and deliver to the street superin-
tendent of said City a diagram of the improvement and of
the property within the assessment district described in
said Ordinance of Intention No.222. Said diagram shall
show the land to be taken for the proposed improvement and
also each separate lot, piece or parcel of land within the
assessment district and the dimensions of each lot, piece
or parcel of lend and the relative location of the same
to the proposed improvement.
Section 2. The said City Engineer shall deliver
said diagram to the said street superintendent and shall
endorse thereon the date of such delivery. The said street
superintendent, upon receiving the said diagram shall pro-
ceed to assess the total expenses of the proposed improve-
ment (first deducting from such total expenses such percen-
tage thereof, if any, as the Board of Trustees of said
City may have declared by the Ordinance of Intention No.222
of said City, that the City shall pay) upon and against
the lands, including the property of any railroad or street
railroad within said assessment district, except the land
to be taken for such improvement in proportion of the bene-
fits to be derived from said improvement,
Section 3. The street superintendent shall com-
plete said assessment within sixty (60) days after the
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receipt by hit of said diagram; provided, however, that the
Board of Trustees of said City may by order extend the time
for completing said assessment for a period not exceeding
ninety (90) days additional. The total expense of the im-
provements to be assessed, shall include the amounts awarded
to the Defendants by the interlocutory judgment in the action
for condenmation together with their costs, the compensation
and expenses of the referees as allowed by the court and all
other costs of the Plaintiff In such action, the expenses of
making the assessment and all expenses necessarily incurred
by said City in connection with the proposed Improvement for
the publication of ordinances, posting and publication of
notices for maps, diagrams, plans, surveys, searches and cer-
tificates of title to the property to be taken and all other
matters incident thereto.
Section 4. Said map shall be prepared, delivered
and said assessment shall be made as provided by law for
the making of the assessment map and the assessment under
the Street Opening Act of 1903, approved March 24th, 1903.
The foregoing Resolution teas passed and adopted
by the Board of Trustees of the City of Huntington Beach,
at its regular ad3ourned meeting held on the 21st day of
May, 1923 by the following votes, to—rit; Obarr, Drew
AYES, TRUSTEES: n_Facklin, ;Andrews,
NOES, TRUSTEES:_,
ABSENT, TRUSTEES:
Richard Drew
President of the Board of Trustees
of the City of Huntington Beach, Cali-
fornia.
ATTEST:
W.
R. WriEht
City 'Cle.rk and ex-officio clerk
of the City of Huntington Beach,
California.
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