CC RES 1973-026 RESOLUTION NO. 26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES AUTHORIZING EXECUTION OF A CONTRACT WITH THE COUNTY
OF LOS ANGELES CONCERNING STREET MAINTENANCE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE AS FOLLOWS:
Section 1. The Mayor of the City of Rancho Palos Verdes is hereby
authorized to execute, for and in behalf of the City of Rancho Palos Verdes
a contract with the County of Los Angeles providing for maintenance of streets
within the City limits of said City, a true and correct copy of which said
contract is affixed hereto and made a part hereof, reference to which is hereby
made.
ADOPTED AND APPROVED this 7th day of September, 1973.
(s) 59?7t)rq/A-YA/ COR7-/Afik
OR
CITY CLERK
I HEREBY CERTIFY that the foregoing is a true and correct copy of a
resolution passed and adopted by the City Council of the City of Rancho Palos
Verdes at a regular meeting thereof held on the 7th day of September, 1973.
CITY CLERK ' t4
C
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RESOLUTION NO. 26
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A RESOLUTION OF THE CITY COUNCIL
4• OF THE CITY OF
• RANCHO PALOS VERDES
AUTHORIZING EXECUTION OF A CONTRACT WITH THE COUNTY
OF LOS ANGELES 'CONCERNING STREET MAINTENANCE
THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
RESOLVE AS FOLLOWS:
SECTION 1 . The Mayor of the City of _anwc�_g_„P 1 s ryes
is hereby authorized to execute, for and in behalf of the City
• of Rancho Palos Verdes , a contract with the. County of
Los Angeles providing for maintenance . of streets within the
Cit y limits of said City, a true and correct copy of which said
contract is affixed hereto and made a part hereof, reference to
which is hereby made.
ADOPTED AND APPROVED this 7 thda y of September , 19 7 3 .
Mayor
ATTEST:
r
ity Clerk
I
HEREBY CERTIFY that the foregoing is a true and Correct
copy of a resolution passed and adopted by the City Council of
- the City of RANG P at a regular meeting
thereof held on the 21h day of s e temb e r , 19,7 3 •
City Clerk
9.-73
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� /� �1r``(�' �l:�f'1 _ C��'1'>l�j�i�1 j'� � i•it ^i1 t �in�•�
A`+..LF(:';i:.:N� . S.��ly!SJ i-; �1 rEi1.a�`1CF
• THIS AGREEFOIT, trade and C1;ter.cci into this 7th. day C,
. . September 19 73 by t..nd bo t•••c cn th 3 COUNTY OF
Los ANGE,ES, hero j.n .f er soii:ctimes refer1TO. to "County", and .
the CITY OF RANCHO PALOS VERDES hereinafter s of c t •,"C-=s
I.1•.�•.•s.W-.VIM.w.•!_ .YA/i�.�.� •../�.•..w.H..Y/....�••. ..�...M aA.�.l�'1�-�
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referred to as "City"; •
• t T r� T-�r C,r•r�= .
- WHEREAS: the C 1.y recently has bc:cn incorporated and is
desirous of contras J.l`_n`; with the County V;f for"' the performance of
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• street, rs '.a_n t nance and improvement h unc ions thin i 1 s. bounc a
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• . ries by the County of Los An eies through the Road Coi n s3 ion r
thereof; and _ •
/ WHEREAS, the County of Los Antseles is a`ree b1e to re dor ins
such services on the terms and conditions here inaf toi set forth;
and •
•BE EAS, such contract is at}t hor1 z cl and provided for by the
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provisions of Section 56 of the Charter of the County of Los
An1e1e s and Article 1, Chapter 1, Part ) v i don 1, Title 5 of
the Go ernmc..n t. Code; .-
VOt=I, THEREFORE, IT IS AGREED as follows :
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1 . County agrees by - and through it3 Road Department, to per-
form for. said City any and all functions coming within the jui'is-
diction of the Road Commissioner re1.atJ.n • to the' construction c;nct .
maintenance of streets, subject to the gene rat terms and cc. :c i-
•bons here .naf ter set forth.
2, Sas.ci i;o,.Li I par. t,..l nt. .11_,.:1 con:. truc:'t . reconstruct,
r in-
V a m n and rv�p�l� z7.11 w � L = n �►,cid City with the
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same pgwor with reference thereto as if said streets wore withIn
thc: unincorporated area of said County, the City Council of said
Cl.ty exercising the same authority with reference to said work on
said streets as the Board of Supervisors would exercise if said
. streets were in the unincorporated territory of the County. -
Nothing herein contained shall be 'construed as in any way
divestin3 the City of any of its powers with respect to the super-
- vision, management, and control of .streets within its 'boun6aries .
! 3. For the purpose of p2rformin3 said functions, County
shall furnish and supply all necessary labor, supervision,
machinery, equipment, and supplies other than those required to
be furnished by said City, necessary to carry out the instruc-
- tions of said City and to maintain said City streets in a condi-
tion at least equally suitable as County highways . Both parties
- agree that they and their officers and ac;ents shall cooperate in -
the carrying out of said functions and that the Road Commisr,loncr .
. shall have full authority, " possession and necessary control of •
the work with full assistance when necessary from the poiiie of
said City or such other law enforcement agency as may be render-
ing- police service therein .
For the purpose of facilitating the performance of said
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functions, it is hereby agreed that the City Council, upon
request of the Road Commissioner or his duly authorized represen-
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tative, will order the temporary closing to traffic of all
streets, or. portions thereof, necessary to be closed before any
work is commenced thereon .
4 . For the purpop of perfo3:1dinc; services hereunder the
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• woric ir; divided into two cutpgo:Aes, that is, (a) ordinary min-
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tenance and rOpair, ad (b) worn other than ordinary maintenanee
. . and repair.
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Ordinary maintenance and repair of streets wthin the City
shall be performd without demand and such streets •shall bc wain
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tamed and repaired in the sara:: manneI.). to the samc extent, and
- kept in- a simllar condition of suitability as similarly situated
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County hichways . . .
. Work • othcr than ordinary maintenance and operation will be
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peatformd only under order of the Council of said City or such
agent or representative thereof as may be designatod by such
Council of such city, and with the approval thereof by the Board
-. - of Supervisors of the County or such agent or representative • -
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-thereof as nay bc: designated by such Board of Supervisors. Such
work shall encompass all work not, in the opinion of the Road
Commissioner, ordinary maintenance and repair, and shall include, _
but not be lip.lited thei:ebyi the construction of new streets, .
- - - - bridges, or like facilities or structures, or the construction of
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new improvements therein or thereon; relocation of existing
street facilities; major street reconstruction or alterations;
the planting or preservation of ornamental shade. trees or of
_ ornamental planting strips and parkwaysi roadway weed abatement
programs; cleaning and sweepin of streets, and • the taking of . .
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- measures necessary to prevent or relieve from the effects of
storm ,or flood waters . Demands for services hereunder shall set
. - forth in detail the facilities and/or services desired. -.
5. • Durin the lfc of this agrc,c;I:2nt said City CouncH ,
-before the first day of July each year, shall map its street
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...ta, . - - . - ‘ . '
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_ - cops.truction, improven2nt ancl. maintennce prorrram for the ensulnt; .
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- fiscal year, and all spccial projects shall 1) . requested or con- .
- . ... sQnted . to by said City- Council . , - . '
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• . 6. • The Road- Department of the County of Los Angeles shall
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. - not perform any function hereundcr r)Ot comln2; within the scope of
the duties of such departhlent -In perform-in t; services for the
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. , County. Such services or functons shall be performed at the
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tims and under circumstances which do not interfere W.th the
performance of • regular County oporations . •
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i 7. No service shall bo performed hereunder unless said City
shall have available funds previously appropriated to cover the
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. cos thereof .
. . 8. Vhenever necessary for the Road Department of the County
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to maintain administrative headquarters in said City and such .
necessity is concurred in by the City Council, said City shall •
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furnish at its own cost and expense all necessary office space, .
furniture and furnishin5s, office supplies, janitor service,
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--- -telephone, light, water, and other utilitiep, and In all instances
where special supplies, stationery, notices) forms and the like ,•
must be issued in the namof said City, the same shall be sup- -
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plied by said City . • • '
It is expressly understood that in the event a local adminis-
. trative office is maintained in said City for any such . -
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officer or department, such quarters may be used by said County
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officer or department in connection with the performance of his
or its duty in territpry outside of said City and adjacent .
thereto, provido6 ho.;:cver, that the porformnce of such ol).tvide •
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• duties, shall pot be at any ac:c i t ionai c oz;t to said City. .
. 9. All .pe 'sons employed in the p .rfo mince of such cry i cE!
• and functions ons for said City shall be County eI ployees; and no
City e1Npl oyee c s s hail be t• lzcn over by said County and no
is j .... � •
person employed hereunder shall have any City pension, civil ser-
vice, or other status i ',t .
1 1 n 27 �l C L�� o �� 'Lr�t a
. , For the 1)U -P:se of pc rf ot'::: _n E; such services Lnd functions,
and for the - -� ' nc
'�e pvrl�, sv� of ��_��Ln" c��'=ci_�:1 s t��t;t�S to the ne�.=�.cY�r�_. e
thereon where c?. y, every CoL?n t•y officer and employee
engaged in perf or;;I _ng any such service or function shall be czeem a
to be an officer or employee of said City while performing service
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for said City 1•; thin the scope of this -agreement..
0 Said City shall not be called upon to assume any li a--
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bil t.y for the direct payment t of any salary, wages, or oth r co;ci-
pensat<on •to any County personnel pert or gins ser f ces hereunder
:yr
for said City, or any -liability other than that provided for in
this agreement. - _ . . . • .
Except c s herein otherwise . 1 : G. �L� , 5� �
City shall
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liable for compensation o r inde:r =t. - to any County employee for
injury or sickness arising out of his employment .
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:tl . Said County, its officers and employees, shall not he
assume any liability lit'; for the- negligence e of said City or
--deemed to ���.�u...�. � � �
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of an y officer or e :lovce thereof, nor for any defective or dan--
. gerous condition of the streets or property of said City, and
said C i V y shall col d said C o /nt y and i tc officers
and employees
hEirmlef3s from, and C} _ l d:2 ` _Zt 1t': . County an.:: the
officers ice? s G,.i.
r ft � r
:j�V c:► 1✓t .r.'C C ' a.:-. 11;z-;t, a n:i� c; !: l `!i. d L t'a g 2 s i. e s u •1 J l} . �,t i C 1 ..
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from. N provision of this a`r eemen t shall be construed `so as
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to relieve said City from any liability imposed by law upon it
arising from any such defective or dangerous condition of its streets
or property, and said City shall protect and save County, its
officers and employees , harmless from all claims , damages and costs ,
and assume the defense of all actions for any such damages or in-
juries alleged to have arisen out of the use of said City streets .
This paragraph shall not apply to any claim arising out of a public
work constructed prior to the date of incorporation, unless subse-
quent acts of the City or its officers or employees were the actual
and proximate cause of the injuries or damages on which the claim is
based.
12. To assist the County in the performance of its duties here-
under and to safeguard the City's streets, it is agreed that City
will forthwith enact and thereafter maintain during the duration of
this contract an ordinance in all material respects , including the
amount of the fees provided, identical to the Highway Permit Ordi-
nance, Los Angeles County Ordinance No . 3597, as amended.
City further agrees to enact amendments to said Ordinance
adopted by the Board of Supervisors , within 120 days after request
to do so by the County. The Road Commissioner, acting on behalf of
the County, may use his discretion and need not request City to
adopt amendments which do not apply to the City.
The County shall retain as other and further consideration for
services rendered hereunder, all the fees paid pursuant to said City
Permit Ordinance.
Regardless of anything to the contrary herein contained, this
contract shall sooner terminate at any time City fails to enact and
maintain, or to enact amendments to said Ordinance as herLinbefore
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provided for.
13 . By reason of the limitations upon the expenditure of
County funds provided for in Section 31 of Article IV of the
Constitution of the State of California, said City shall pay to
said County the entire cost to said County of performing each
function or service called for herein, including salaries and
wages of all employees engaged therein, all supervision over such
employees while so employed, a prorate of all overhead , clerical
work, office supplies, depreciation on machinery and equipment,
traveling expense, including mileage of employees, and all other
costs and expense incidental to the performance of each of such
functions . The rate charged for overhead shall be computed from
time to time and revised accordingly, and thereafter charged at
such revised rate.
In computing the cost of the use of machinery and equipment,
the full cost to said County of rented machinery and equipment and
any operator furnished therewith, and a reasonable rental rate on
County-owned machinery and equipment, shall be included.
14 . The Road Department shall keep a reasonable itemized
and detailed work or job record covering the cost of all services
performed, including salaries , wages and other compensation for
labor, supervision and planning, the reasonable rental value of
all County-owned machinery and equipment, rental paid for all
rented machinery and equipment, together with the costs of an
operator thereof and furnished with said machinery or equipment,
the cost of all machinery and supplies furnished by the County,
reasonable handling charges , and all additional items of expense
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. incith:n:;a1 to the perforr;.ancc of such functions or service .
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. 15. All work clone hereunder is subject to the lAmitations
• . - of the provisions of Section 23003 of the Government Coete, and
in accordance therewith, before any work is done or service . .
- rendered pursuant horeto, an amount equal to the cost or an amount
10% in excess of tho estimted cot must be reserved by thc CAty .
from its funds to insure paymant for work, services or m• terlals
- provided hereunder. - . .
. The Road Depaytmc.nt shall render to said City at the close
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of each calendar month an itemized statement covering all ser-
vices performed during said month; and said City shall pay County
therefor within 20 days after receipt of such statement. If such
- payment :is not received by the County within 30 days after rendl-
tiOn, of billing, County may satisfy such indebtedness from any
funds of the City on deposit with the County without givirm
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further notice to City of County ' s intention to do so .
- Notwithstanding anything in this paragraph to the contrary,
- -7-the County may bill the City for the entire ;cost of any specific •
- - • - -project at the completion thereof, and such cost will be paid .
within a reasonable time thereafter. The words "specific project"
as used herein shall include, but hall not be limited to , all
construction, .reconstruction, relocation, and other similar
capital projects . . . _ - -. . .
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16. If pursuant to this contract, the Road Department pre-
pares plans for any project to be constructed by a -private
conteactor, the City shall enter into the contract -with such
private contractor. All pins, profile , and the specificat:I.ons
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therefor, toc;othcr w:Lth tz tern;; of the contract z.:nd the acco.,-.1-
panyins bor043, shil be prepared by the Collnty but shali bc sub-
- mitted to .thci. City official as may be by rcc.olution dcsicnated by
such Council for that purpose . Inspoctio necessary to ascertain
the comp3ianc3 by the contrctor with the plans, profiles, and
specifications shall be rlafle by the County .and a report thoreon
submitted to the City. It sh?_11 1;2 the City ' s responsibility to
. ultimately dotemine the ac-,icuacy of sur.th perforymnce .and to
finally accept the WQil-C as cop1eted. .-
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. 17. It is agreed that paymnt for all work for which County
allocation of State motor vehc1 fuel license taxes and vehicle
registration license fees. nay be expended in cities In.7ty be made
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- from monies allocated by safi.d County to said City from such State
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fuel license taxes and rezistraticn fees, if any, subject to the
. provisions. of law applicable thcreto, provided that before any
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such Monies may be so uzed such allocation shall have first been
made as provith,=d for in Article 2 of Chapter 9 of Division 2 of•
the Streets and Highways Cofle .
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• 8. It is agreed that upon the completion of specific pro7
jects, payment of which_ is to be made with said
funds retaind by said County, said Road Commiss-loncr 1.).a1l
__furnish to said City statements of the amounts charL;ed by said
County against said. funds. In . the event that the unexpended .
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_ _amount of such funds retained by .said Colinty to .the credit of
said .City be in3ufficient to cover the charges azainst said City,
then said City shall pay to said County from other funds of said .
City such E.,t13:: &z; 1 .:::7 1.. nc:cc,;;;:.Dry fully tD reibur3c said County
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in accordance herewith . •
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19t If, oft; the termination of this a` cei:u f:, said County -
has on' hand any unexpended and unencumbered portion of such
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• � .allocations to said City or any find from any- other. source
C of?n t,� � . City
allocated or apportioned to said City, ' which is in excess of any
obligation of said City to said County for the performance or .
such functions by said Road Comm sinner, any such excess shall
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thereupon be paid to said C►.ty by said. County, in the same manner
the same �r poses as other 1.i.kc funds are paid to other
and for ih., s�L�j .. pl. � �.
cities - in said County. .
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2O Nothing herein shall prevent the City Council from
requesting, or the County from tr n nd.ttins to the City, those
ICU„ c, v� County
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funds descr t_bed in paragraph 17 hereof or portions thereof when
• •. so requested by resolution n of the City Council and approved by the
• Upon the transmittal of such funds from the
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Board of Supervisors .
County . to the City the funds so transmitted will not be subject to -
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any provisions of tile' of this aureeli`ent, I
21. This contract shall_ have an effective date of
- September 7 73 and unless sooner terminated as providccl
for herein, this agreement shall run for a period ending
19_22_, and at the option of the City Council of
said City, with the consent or the Board of Supervisors
1_y 1 renewable for successive periods of not to
County,, sha__1 be r. ene�,
---exceed five (5) years each
In the event said City wishes to renew this agreement for any
succeeding five-year period or less, the City Council, not later
e �-t next preceding* the expiration of this agreement,
than December _,_. ne preceding
shall notify the ? J of S� _ o t , of said t y that it
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• wi_shes to r-cnow the said B3ard S.o.r_Qrvisors,
- not later than th:; last day of Januar , shall notify the City
Council 1n writihc of its vi) lin&less to accept such Tencwal for
an additional five-year pario=a or such other term a it deems
advisable, otherwise such acrecznt shall finally terminate at
the end of such five-yeE:r per:Loci . •
Notwithstanc3jn3 the 1-.),'ovi_ s of this paratj'anh hercinbefor'.-
. set forth, either party 1--,:ay terinate this acrem:!nt as of the
first day of July of any year upon notice in 111'1'011f.; to .the other
party of not less than t-;:o calendar month prior to the date of
such terminatAon . •
IN WITNESS WHEREOF, the City of RANCHO PALOS VERDES •
- by resolution duly adoptera by Its City Council caused this agree-
TWW0 to be signed by its Mayor and attested by its Clerk, and the
County of IiO$ Anselcs, by order of it ; Board of Supervisors, has
caused thc s,.! presents to b subscribc,d by the Chair-it:an of said
Board and the seal of said Board to be plf!xed thereto and attested
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- by the Clerk of said Board, all on the day and year first above
written .
CITY OF -RAN CHO PALOS VERDES
. . .AT7EST: S vnayor
S. ity Clerk • .
COUNTY OF LOS ANGELES
p,y
ATTEST: ChairL-ln, Board of bul.-):-!rvisos
S. 7..1)1 -/-;3 , Executive 0 f Lr": co r ps 5.70 ro
Clerk of th?. of
•,T0i; D. ELHU , County Counsel
By /7
/ 1447 f
Deputy BY
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q--73