HomeMy WebLinkAboutCC Ord 328 1946-07-16
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c;~l'..:l'!.\~ C);:.ICIA.L COpy
H;:'-'; TO B TAK::N F OM.
TI-IE. Ci1l1 LERK'S OFFICiiN
OlUlINA.'lCB:NO. j28
lNANCE SOBUITTING 'l'O THE VOTERS OF THE CI'J!Y OF
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SEAL :BEACH. A PROPOSITION FOR THE liJIIENllMENT OF THE
IliITIA.TIVE OlUlIliANClIl NO. 230. ADOP'l!ED AS! THE SPECIAL
UUNICIPAL ELlC'lION HELD ON TlIE 7th DAY OJ' IWlCH. 1939:
CALLING AN ELEC'J!ION FOR 'J!HE PlJ1IR) BE OF SlIBUI!l!'1'ING SAID
PROPOSITION TO SA.ID VO'J!ERS: PROVIDING :roll NOTICE OF
SAID ELlIlC'J!ION; ESTA:BLISHING UUNICIPAL PRECINC'lS; IlF>-
SlGWmG PO:r.LING ILACES, 'UWll FOR llDLDING SA.'P) :m;gc..
TION. A:ND .AP.E'OIEING OFFICEElS OF THE ELECTION..
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11 . !/!he City Council of the City of Seal Beach does ordain as
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13 Sllction 1. PurSUAnt to the proviaions of Section 1719. of the
14 Election Code of the State of California. there is hereby submitted to the
15 voters of the City of Seal Beach. a proposition to 8II1end Initiative Ordill8Zlce
16 No. 230. adopted at the speciallllW1icipal election held on the 7th da:T of
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lIarch. 1939. 'by adoptillg a new ordiDaJlCe in words and figllres. as follows,
to wit:
I'The people of the City of Seal Beach do ordain as follows:
lJillllIlC~ilCIlIliI1'M"UlilIlmf/iX~"InitiatiVlll Ordinanclll No. 230.,
adopted on the 7th da:T of !JIarch, 1939. is 81Dended to read as follows:
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DAN OlUlIlWiCE JlAXING I!I! UNLAWFUL TO ERECT. CONSTRtl'C'l, OR Ili-
S'.1'.ALL .A.NY DJ!lR1lI ex. MACHINERY, OR A:PPARA'J!US :roR THE PU1U'QBE
OF DllILLING FOR, OR Pln!PIm OIL, WER, caS. OR ANY OTHER
RYDmCA.RBoN SOllS!l'AlilCES FllOM ANY WELL :NOT mS'J!ING AS! THBl
Tnm ms OBDINANCE TAXES EFFECT, OR THE UAlN'l!ENANCE, PUMP-
ING. OR OPllllW!ION OF jJfi SUCH WELL WITHIN THE TERRITORIAL
LIlIITS OR BOUNDARIES OF TBE CITY OF SEAL llEACH. CALIFORNIA.
EXaEPl'ING ONLY WITHIN THA!I! POll!I!ION THERl!XlF IN THE P.ACJIFIC
OCEAN. MORE PAm'ICULAllLY DESCRIBED. AS :roLLOWS. TO WIT:
BEGIINING AT THE 1IDS'l! WEmmLY CORHEB. OF THE SAm CITY OF
SEAL BEACH .AND mmNING THENCE NQRTBEASTlilRLY, ALONG THE NORl!K-
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DANA R. WILLIAMS
ATTORNEY AT LAW
..,_. .IICURITY I!ILOG
PHONE ...-,..
LoNG BIIACH 2. CALI".
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Ordinance Number
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lIEmlEBLY ~UlIDARY LID OF !mE SAID CITY OF SEAL UA.CH. !l!WO
(2) lIIliES !OO .A. POIN'l; !l!BENCE SOlmlEASTERLY. pflV.T.T:1i!I:. WID
!I!Hl!l SOU'lRWEmlEBLY ~UNDA1lY LIlIE OF !!!BE SAID CITY OF SEAL
:BEACH. TO AN INTERSEC'.l!ION WID !!!BE SlU'lHlESDRLY PBOICNGA.-
!l!ION OF THE Sltl'rHmASTDLY LINE OF FOtmH so.m:E!I!. AS SHOWN
ON A MA:P OF :BAY CITY. llEOOBIllD IN :BOOX 3. PAGE 19. OF
I4ISCl!lLLA!lDJUS MA:PS. llECOllDS OF OllA.NGlil ooum. QALlFOllNIA;
THENCE SOU'm'IIES'9BLY AICNG SAID SOU'fmSTEBLY PllOLONM'fION
OF !!!BE S:>U'fHEA~Y LINE OF FOlIR!m STllDl!, m (2) lIlLES
TO !I!Hl!l SlU'fRWESDRLY :BOmmABY LINE OF !!!BE SAID CIfi OF
SEAL llEACH: !mENCE NOUH1IlilSTEBLY. ALONG SAID SOtmmlS!rERLY
:BOUHJ)ARY LINE !OO !!!BE )(OS!!! l'/J!lSTEllLY OOBNER OF !mE SAID CIfi
Oll' SEAL llEACH A.ND !mE POIN'! OF :BEGINNING. :PROVIDING THA!I!
SUCH ULLS II!I!HIN SUCR AllEI. SHALL :BE Dll.ILLED FBOlI A SlLID
:BASE ON FILLED LJOO>S; PROVIDIlIG FOR !!!HE USE OF DEllRICltS Am)
THE REIfOVAL !mEIlJiX)ll': :PROHIBI!I!IllG OIL, ~, OR BEFl1S1ll
OF ANI xnm :BEIllG DEPOSITED ON ANI :BEACH; PllOHIllI!I!ING P.1lO-
CESSIllG WIDIll' !mE CIfi; P.ROVIDING J!'OR !mE mNSPO~ION
Oll' OIL; PBOVIDIllG FOR IlllDEMHIfi :SOlID; PBOVIDING J!'OR P.llO-
PIlITY DAMAGE INSU1WICE: PBOVmIllG FOR :BE.AII'lIFIC.A!I!ION OR
OllNAlo!EN'1!AIJ!ION OF ~llDERS OF ll'ILLED LABDS; PllOvmI1tG J!'OR
ACCEP.rAliCE, IN m!l!IlIIG. OF !mE HIllIS A.ND PllOVISIONS OF
THIS OllDINAlfCE; P.!lOVIDING FOR THE ISSUIllG OF A P.ImIlI!I! lOR
Dll.ILLIllG OR Dll.ILLING OPERATIONS :BY THE cm oomrCIL; PllO-
VIDIllG J!'OR PENAmIES FOR VIOLA!I!IOlll OF THIS OllDlNA.NCE; :!lIil-
PEALIllG ALL OllDI1IIANCES OR P.ARI!S OF OllDI1IIANCES lIlT CODLICT
WI!1'Ii !1'IiIS OllDINA.NCE. ·
'SecUon 1. It is hereby declared to be UDlawful and a
nuisance for a:a:T perlon. whether al principal, agent. servant, employee or
otherwise to erect. conlt1'l1Ct or install or caule to be erected, const1'l1Cted,
31 or inltalled, or to work lliloD or &8lilt in 81113' W/q in the erectioD. conlt:l'l1C>o
32 tion or inltallation of s:rs, derrick. machine1'1 or other apparatuI or
DANA R. WILL.IAMS
ATTORNIlY AT .....W
..,.a SECURITY .LDG.
PHONE ....",.
LONG BII...CH 2. CALI".
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Ordinance Number
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eqa.ipment designed or intended to be used for the purpose of drilling for
oil, gas, other lv'drocarbon substances, or water, or to drill or operate
or to work upon or as8:l.st in 8Zq Wfq in the drilling or operating of a well
for oU, gas, other ~carbon substances, or water, or to pump or proch1ce
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5 or to work upon or assist in fJJ1T Wfq in the pwIIping or producing of oil,
6 gas, other lv'drocarbon substances, or water from aDJ well not actual17 being
7 drilled or existing at the t1lll8 this ordinance takes effect lIithin the terri-
8 torial limits and bcrandaries of said City of Seal lleach, California, except
9 witl,lin tbat portion thereof in the Pacific Ocean, more particular17 described
10 as follows, to wits Beginning at the most Wester17 corner of the said City
11 of Seal Beach and ranning thence Northeasterly, along the North1l8ster17
12 bou.udary line of the said City of Ssal Beach, two (2) miles to a point;
13 thence Southeaster17, parallel with the Southwester17 boUJ1d.ar.r line of the
14 said City of Seal Beach, to en intersection with the Southwesterly prolongs.-
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tlon of the Southeaster17 line of Fourth street, as &boG on a map of llq
City, recorded in :Book 3, Page 19, of Miscellaneous !laps, records of 01'8J:lge
17 County, California; thence Southwester17 along said Southwester17 prolonga.-
18 tion of the Southeasterly line of Fourth street, two (2) miles to the SOut;b.o
19 1I8ster17 b01lJlda.ry line of the said City of Seal Beach; thence liTorthwesterly.
DANA R. WILLIAMS
ATTORNEY AT LAW
4&1-& 81lCURITY .LDG
PHON. ....,..
LoNG BEACH 2, CALIP'.
20 along said Southwesterly bounaary line to the most Westerly corner of the
21 said City of Seal Beach and the point of beginning.
22 .Section 2. All welle drilled within the area in which drill-
23 ing is not prohibited Shall be drilled from a solid base on filled lands
24 which have first been created or cODstructed.
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.Section ~. liTo derrick shall be allowed to remain standing at
aIW" loce.tion on such filled lands sxcept while being used or employed in the
drilling, redrill1ng or deepening of a well or during a period of not more
than thirty (30) dqs before the cOllllleDcement of such drilling, redrilling
or deepening or thirty (30) ~s after the completioD thereof. Il1Imev.er
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30 after the COIIIpletion of a well the use of a derrick is required for the S81"-
31 vicing of such well otherwise tban in redrllling or deepening, no other than
32 a portable derrick shall be used. such portable derrick shall be removed when
Ordinance Number
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1 servici;ag of wch well has been completed.
2 -Section 4. No person, f11'111 or corporation carryi;ag on ~
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of the activities referred to in this ordiJ18JlCe shall suffer or pe1'lllit ~
011, asphaltum or refuse of aZW' kind, reBUlti;ag from the activities of BUch
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5 person, fi1'lll, or corporation, to now. leak or escape into the OCEl8l1 or to
6 noat upon the surface of the ocean or be deposited upon a;DJ' beach within
7 the territorial 11m1tB of the Cit7 of Seal :Beach, and if and whenever oU,
8 asphaltum or other refuse rewlti;ag from the activities of ~ person,fi'1'lll or
9 corporation is deposited upon a;DJ' beach in said cit7, wch person, fi1'lll, or
10 corporation shall 1mmediate1.7 upon obtainiDg knowledge thereof remove the
11 B8IIIe and all thereof at his or its own cost and expense.
12 -Section I). No refining process and DO process for the ex-
13 traction of products from natural gas shall be carried on within the area
14 where drilling is permitted or elsewhere in the Cit7 of Seal :Beach.
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-Section 6. All oil, gas, and other fluids produced from a:rI1'
well drUled in said area shall be transported through wbmar1ne pipe lines
17 to. an upland te1'lllinal or taDk: fa1'lll outside of the Cit7 of Seal :Beach, and
18 DO t8.Dk:s for the storage of such 011 shall be installed or used on said
19 filled land or elsewhere in the Cit7 of Seal :Beach.
20 -Section 7. Eve17 corporation, fi1'lll, or person undertald.;ag
21 B.J17 of the operations in this ordinance referred to shall, before commencing
22 the first of BUCh operations, file with the. Cit7 Clerk, and shall thereafter
23 at all times while said operations are being conducted keep in effect, an
24 indAnm1t7 bond in the penal sum of One-ThoUSand ($1,000) Dollars, plQ"able
25 to the Cit7 of Seal :Beach, with a corporate BI11'et7 qualified to do business
26 as wch in the State of California, conditioned on the performa.nce of all of
27 the conditions imposed upon BUch person, f11'111, or corporation b7 the provi-
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siona of this ordinance. !!!he suret7 under ~ such bond mq have its liabi-
lit7 thereu.nder te1'lllinated only when authorized by the Cit7 Cotmc11 and then
30 solel7 and onl;v at the time or times, and in the manner as follows:
31 n(l) Upon the furnishing to and f11ing With the Cit7
32 Clerk of a substituts indellll1it7 bond in the same
DANA R. WILLIAMS
ATTORNEY AT LAW
42t.. ..CURITY BLDG.
~HONI! ....1..
LoNG BI!ACH 2. CALII'.
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DANA R. WILLIAMS
ATTORNEY AT LAW
421.2 .lIeURIT., BLDG.
PHOM" elle.,..
LoN. BI:ACH 2. CALIF.
Ordinance ~~mb~~
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principal _, with a duly qualified corporate surety.
11(2) Upon the assignment and transfer by the Principal
to another of all of its equipment, appliances and
other property used in wch operations, and the taJdDg
over of wch operations by such ass1t;nee and the fil-
iDg by web. ass1&nee of a DllW :l.ndemn1ty bond l118eting
all of the requirements of this ordinance.
11(3) Upon diecontinuance by the Principal of all
activities hereunder after having securely plugged,
sealed and cemented all wells theretofore drilled by
SIl.ch Principal and having removed all sa.rface equip-
I118nt and all 1'l1bbish and debris and cleaned up all
well sites and other places used in said operations.
'Section g. Eve17 corporation, fim or person undertakiDg
~ of the operations in this ordiD8.l1ce referred to shall, in addition to
the filiDg of said bond, keep in effect, at all times while its operations
are beiDg carried on, a property dsmege insurance poliCJ' with One-Million
($1,000,000) Dollars limit for the benefit of third persons whose property
~ be 1JI,1ured or dama&ed as a result of the negligence of wch person,
firm, or corporation in carrying on web. operations, and shall file with
the City Clerk a certificate by the insurer that such policy is in force.
.Section 9. In case ~ person, fim or corporation Ulldel'-
tak:l.ng ~ such operations shall discover oU or gas in pa;ying quantities
and shall place a well or 1Iells on produ.c1;ion and thereafter the City
Council shall lDIlke a findiDg or detemination that the ornamentation or
beautification of the borders of the filled lands on which SIl.ch well or
wells are situated by planting of trees or shrubbe17 thereon would be advis-
able, wch person, fim or corporation BhaJ.l pa;y into the City !rreaBU17, a
BUIll to be fixed by said City Council. not. however, in exce8B of Jive-
!1'housand ($5.000) Dollars to be expended by it in web. planting, and the
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1 Cit7 shall in such case have the right b7 its empl07ees, contractors or
2 otherwise to enter upon such filled lands for such planting.
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'Section 10. No corporation, firm, or person shall engage in
~ activit7 herein referred to unless it Bball first exeoate and file in
5 the office of the Cit7 Clerk: an acceptance in writing of all of the terms
6 and provisions of this ordinance and agree to perform the same.
7 .Section 11. llefore ~ person, firm, or cor,poration shall
8 be permitted to erect, const1'l1Ct, or install or to work upon or assist in
9 a:rq wa7 in the erection, construction or installation of 8.D7 derrick,
10 mach1ne17, or other apparatus 01' equipment designed 01' intended to be used
11 for the purpose of drilling' for oil, gas, other qdroaarbon substances, or
12 water, or to drill or ope1'6te or to work: upon or assist in 8.D7 -7 in the
13 drilling or ope1'6ting of a well for oil, gas, other lqdrocarbon substances,
14 or water, or to pUmp 01' procll1ce or to work upon or assist in 8.D7 wa7 in the
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pumping or production of oil, gas, other ~drocarbon slibstances, or water,
such person, firm, or corporation shall first obtain a permit for such pur-
pose, such permit to be 1slll18d b;y the Cit7 Clerk after obtaining authorit7
for such parpose from the Cit7 Council of the Cit7 of Seal lleach, such pel'-
mit to bs issued upon such terms allll coDd1tions as ma7 be re~ired b;y said
Cit7 Council aud provided for b;y ordi:oance, order or resolution.
-Section 12. Ev817 person, firm, or corporation. whether as
principal, agent, servant, empl07se 01' otherwise, violating 8.D7 of the pre-
visions of this ordinance shall be deemed guilt7 of a misdemeanor, and upon
conviction thereof shall be punished b;y a fine not exceeding !rhree-mma.red
($300) Dollars or b7 imprisoIllll8l1t for not exceeding three (3) months, or b;y
both such fine and 1mprisoIllllSnt, and evs17 such person, firm, or cor,poration
shall be deemed guilt7 of a separate offense for each ~ during ~ portion
of which the violation of ~ of the provisions of this ordinance is com-
mitted, contiJll1ed or permitted.
30 'Section l~. All ordinances or parts of ordinances in con-
31 flict with this ordinance are hereb7 repealed.'
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DANA R. WILLIAMS
ATTORNEY AT LAW
4&1-& SECURITY BLDG.
~HONIE ..._1..
LoNG BUCK 2. CALI".
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Ordinance &umber
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Section 2. A. specialllll111icipal election is hereby ordersd,
proclaillled aDd called to be held in the Oit7 of Seal lleach between the hours
of seven 0' Clock, a.m., and Seven 0' Clock, p.m., on !ruesdA7, the Twentieth
Day of August, 1946, for the pa.rpose of mbmitting said proposition to a
vote of the registered. qualified electors of said Oit7.
Section ~. !l!he polls for said election shall be opened at
Seven O'Olock, a.m.. of the day of said election and shall be kept open until
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8 Seven O'Clock, p.m., of the seme dq, when the polls shall be closed; pro-
9 vided, however, that if at the hour of closing there are an:r voters in the
10 polling places or in the lines at the doors thereof who are qualified to vote
11 aDd have not been able to do so since appearing, the polls shall be kept open
12 a sufficient l8IIgth of time to enable them to vote, but no one who shall
13 arrive at the polling places after Seven O'Clock, p.m., of said dA7 shall be
14 entitled to vote although the polls shall be open when he arrives.
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section 4. !l!he O1t7 Clerk shall cause the ordinance or pro-
position so to be voted upon to be printed and shall mail a copy thereof,
17 enclosed in an envelope with a sample ballot, to each voter at least ten (10)
18 dqs prior to t~ election, and at said election the Olerk shall procure
19 printed ballots to be used for voting ~on BUCh ordinance or proposition,
20 which ballots shall have printed thereon the words: RSball the ordinance
21 which amends the ordinance prohibiting the drilling of wells for, and act1-
22 vities in connection with, the production of 011, gas, other ~drocarbon sub-
23 stances, or .ter in the O1t7 of Seal llsach, which amendment consists of the
24 eUmiDation onq from the area in which such drilliDg and activities are pro-
25 hibited of that part of the said city lying onl;y in the Pacific Ocean, IIIOre
26 particular17 described as follows, to wit: lleginning at the IIIOst Wester17
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corner of the said Oit7 of Seal lleach aDd ranning thence Northeasterly, along
the Northwesterly boundary line of the said Oity of Seal lleach, two (2) mUes
to a point; thence Southeasterly, parallel with the Southwester17 boundary
Une of the said Cit7 of Seal lleach, to an intersection with the Southwester17
prolongation of the Southeaster17 line of Fourth Street as shown on a map of
32 ~ Cit7. recorded in llook 3, Page 19, of Miscellaneous Jlaps, records of
DANA R. WILLIAMS
ATTORNEY AT LAW
421.& alECURrry 8LDG
PHONE ..._,..
LoNG B.ACH 2, CALlP'.
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Ordinance Number
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1 OraDge County, California; thence Southwesterly along said Southwester1;v
2 prolongation of the Southeaster17 line of Iourth Street, two (2) iDiles to
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the Southwesterly b011J1dary line of the said City of Seal lleach;. thence
1II0rthwester1;v, along said Southwester1;v bou.ndar:Y line to the most Wester1;v
6 corner of the said City of Seal lleach and the point of beginniIlg; and which
6 amendator,y ordiDaDCe prescribes certain conditions and obligations with
7 respect to IA1ch drilliIIg and activities, be adopted! with the words !lyes'
6 and nlllo' on separate lines with voting squares as provided in Section 1714
9 of the Elections Code of the State of California.
10 Section 15. lor the purpose of holding said election, the
11 entire Oity of Seal lleach is hereby desigllated, fixed, and established as
12 ~.~;.- --... "'-~lf special DIWlicipal election precinctf consisting of pre-
13 cinch lIIu.mbers 1, 2, 3, and 4 in said city, established for the holding of
14 state and county elections therein, and the boundaries of said precincts
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DANA R. WILLIAMS
ATTORNEY AT LAW
..t-& SECURITY BLDG.
PHONE 8I1S.'..
LONG BEACH 2, CA.LIF.
shall be the present boundaries which have heretofore been fixed as the
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b+i1-es established for the purpose of holding county and state elections
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therein; that the polliIIg place for eaid election for voting precinct JIIlIDoo
l)IS '''';'1fI7.~ #$ C....8.4IA"r._ "~'e~A'~r :;. "
bers 1 and ~_ll be the City B'all lluilding, 201 Eighth street, Sealllea~,
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California; that the polliIIg place for votiIIg preUnct numbers 2 and 4 shall
,,~ c"'*S'i1~''',"cp P""C'tVC7 41" i\.
be the Seal lleach Eleme.utar;v SclIool :Ba.ilding, 101 Righwa;r and !L'welfth Street,
Seal lleach, California; and the persons hereinafter named, being competent
and qUllolified electors of said City of Seal lleach and of such votiDg pre-
cincts, are here'b;v appointed as officers of election for said election pre-
cincts, and that they shall hold said election and make returns thereof in
the manner provided by law, respectively:
Voting Precincts lIIu.mbers 1 and 3
Inspector:
Judge:
Clerks:
And
Florence Newlin
BI1'b;v lla;res
llartha !thrp~
.A.una l4cGaugh
VotiIIg Precincts lIIu.mbers 2 and 4
Inspector:
Judge:
Clerks:
And
Grace Haskell
Ethel l4cGill
Gertru.de lJarper
Margaret L. Snell
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Ordina~e Number
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Section 6. !!!hat in all particulars not recited in this
ordinance, said election shall be held and conducted as provided by law
for the holding of lI1l1Dicipal elections in said cit7.
4 Section 7. ~t the Cit7 Councll of said cit7 shall meet
5 at their uBUaJ. place of meeting in the Cit7 Hall :Building on Tuesdq, the
6 bent7-Seventh Da;y of AtlgI1st, 1946, at Eight 0 I Clock, p.m., of said dA7
7 and proceed to canvass the election returns and declare the result of
8 said election.
9 Section ll. ~t the Cit7 Clerk shall cause this ordinance
10 to be published once in the Seal :Beach Post and Wave, a newspaper of general
11 circulation printed and published in said cit7, and it shall take effect at
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the time and in the manner as provided b7 law.
Passed, adopted, and approved, this
7C'
/~ ~ of Jul7,
1946.
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JI!I.;vor of t it7 of Seal :Beach,
ifornia