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HomeMy WebLinkAboutOrdinance #55 ORDINANCE NO 55 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH CALLING A SPECIAL ELECTION TO BE HELD AT THE SAID CITY ON THE 25n'DAY OF JULY, 1910, FOR THE PURPOSE OF VOTING THEREAT UPON CERTAIN PROPOSITIONS FOR THE ISSUANCE OF BONDS OF THE CITY OF HUNTINGTON BEACH IN THE AMOUNTS AND FOR THE PURPOSES IN PAID ORDINANCE STATED, AND APPOINTING OFFICERS OF SAID ELECTION AND, DESIGNATING THE PLACE OF SAID ELECTION AND FIXING THE COMPENSATION OF PAID OFFICERS OF SAID ELECTION. The Board of Trustees of the City of Huntington Beach do ordain as follows: - Section 1. That whereas the Board of Trustees of the said City of Huntington Beach did at a regular adjourned meeting of said Board, held on June 14r—� 1910, in the City Hall of said City, by a vote of more than two thirds of all its members, pass and adopt a resolution determined at the public interest and necessity of the City of Huntington Beach demand the construction of certain municipal improvements; estimating their cost, and determining that said cost will be too great to be paid out of the ordinary annual income and revenue of said City, which paid resolution was and is in the words and figures following, the wit: - Resolution No 130 A resolution of the Board of Trustees of the City of Huntington Beach determining and declaring that the public interest and necessity demand the construction acquisition and completion of certain municipal improvements, specifying the same and declaring its institution to call a special election for submission to the qualified voters of the City of Huntington Beach of the proposition of incurring indebtedness for the purpose of the acquisition, construction, and completion of the same. The Board of Trustees of the City of Huntington Beach do resolve as follows: - Section 1. That the Public Interest and necessity demand: - First: The acquisition by said City of Huntington Beach, by purchase, condemnation, or otherwise of a certain municipal improvement, to wit: - a piece or pieces of land within the City of Huntington Beach, for the erection and construction thereon of a gas plant, with its accessories; that the estimated cost of the same is $2000.00 and that said cost is too great to be paid out of the ordinary annual income and revenue of the said City of Huntington Beach, and that it is the intention of Board of Trustees of the said City of Huntington Beach, for the proposition of incurring a debt in the sum of$2000.00 for the purpose of acquiring said land or lands; and that the acquisition of the said land, or lands is necessary and convenient to carry out the objects, purposes and powers of the said City of Huntington Beach. ORD. 055 1 Second The Acquisition construction and completion of said City of Huntington Beach of a certain municipal improvement to-wit: A gas manufacturing plant, container or containers, pipes, conduits, meters and appurtenances required for and usually hand in connect with a Gas Manufacturing Plant, to be erected in the said City of Huntington Beach that the estimated cost of the same will be $37500.00 and that said cost is too great to be paid out of the ordinary annual income and revenue of said City of Huntington Beach, and that it is the intention of the said Board of Trustees to call a special election for the submission to the qualified voters of the Said City of Huntington Beach of the proposition of incurring a debt in the sum of $37,500.00 for the purpose of the acquisition, construction and completion of the said improvements; and that the paid acquisition, construction and completion by said city of Huntington Beach of the said improvements is necessary and convenient to carry out the objects, purposes and powers of the said City of Huntington Beach. Section 2 The City Clerk shall certify to the reading and adoption of this resolution and shall cause the same to be published once in the Huntington Beach News. a weekly newspaper, printed, published and circulated in the City of Huntington Beach and hereby designated for that purpose, and thereupon and thereafter it shall take effect and be enforced. Passed and adopted by the Board of Trustees of the City of Huntington Beach, this 131-h day of June, 1910. Ed Manning President of the Board of Trustees of the City of Huntington Beach, California. I hereby approve above resolution this 13th day of June, 1910. Ed Manning. President of the Board of Trustees of the City of Huntington Beach California. Attest. C.E. Lavering City Clerk and exofficio Clerk of the Board of Trustees of the City of Huntington Beach, California. State of California ) County of Orange ) SS. City of Huntington Beach ) I, C.E. Lavering, City Clerk of the City of Huntington Beach and ex-officio Clerk of the Board of Trustees of said city, do hereby certify that the foregoing resolution was read to ORD. 055 2 and adopted by the said Board of Trustees and attested by the said City Clerk of the said City, at a regular adjourned meeting of the said Board of Trustees held on the 13"'day of June 1910, and that this resolution was adopted by the following vote: - Ayes. — Helme, Seely, French, Manning. Noes. — None Absent— Stewart. C.E. Lavering. City Clerk and ex-officio Clerk of the Board of Trustees of the City of Huntington Beach, California. Date of Publication, June, 17 , 1910. Section 2 And whereas said resolution was thereafter on said 13th day of June, 1910 duly approved by the chief executive of the said City of Huntington Beach, to wit: - The president of the Board of Trustees of said City; and was thereafter on the 17th day of June, 1910 published once in the Huntington Beach News, a weekly newspaper printed and published in the City of Huntington Beach, and designated for that purpose. Section 3. And whereas the estimated cost of each, every, and all of said municipal improvements enumerated in said resolution is and will be too great to be paid out of the ordinary annual income and revenue of said city of Huntington Beach. Section 4. It is therefore hereby ordained and ordered that a special election be, and the same is hereby called, to be held in the said City of Huntington Beach, on the 25Lh day of July, 1910, for the purpose of submitting to the qualified voters of the said City of Huntington Beach the respective propositions for incurring the several indebtednesses for the purposes set forth in paid resolutions, and hereinafter stated: - Section 5. It is further ordained and ordered that the respective objects and purposes for which said several indebtednesses are proposed to be incurred, the estimated cost of the same, and the rate of interest to be paid thereon, are as follows: - (A)the acquisition for said City of Huntington Beach by purchase, condemnation, or otherwise of a certain municipal improvement, to wit: - A piece of pieces of land within the City of Huntington Beach for the erection and construction thereon of a gas plant, with it accessories; that the estimated cost of the same is $2000.00 and that said cost is too great to be paid out of the ordinary annual income and revenue of the said City of Huntington Beach; and that it is the intention of the Board of Trustees of the said City of Huntington Beach to call a special Election for the ORD. 055 3 submission the the qualified voters of the said City of Huntington Beach of the proposition of incurring a debt in the sum of$2000.00 for the purpose of acquiring said laud or lauds and the rate of interest to be paid upon said indebtedness is and shall be five percent(5%)per annum. (B) The acquisition, construction and completion by said City of Huntington Beach of a certain municipal improvement to-wit: a Gas Manufacturing Plant, container or containers, pipes, conduits, meters, appliances and appurtenances required for and usually had in connection with a Gas Manufacturing Plant, to be erected in said City of Huntington Beach; that the estimated cost of the same will be $37,500.00 and that said cost is too great to be paid out of the ordinary annual income and revenue of the said City of Huntington Beach, and that it is the intention of the Board of Trustees of the said City of Huntington Beach to call a special election for the submission to the qualified voters of the said City of Huntington Beach of the proposition of incurring a debt in the sum of $37500.00 for the purpose of the acquisition, construction, and completion of the said improvements; and the rate of indebtedness is and shall be five percent(5%)per annum. Section 6. It is further ordained and ordered that the said several propositions that are to be voted on at the said election so to be held as aforesaid are the following: - (A) The issuing of bonds of the City of Huntington Beach in the sum of$2000.00 in accordance with the provision of an act of the Legislature of the State of California, entitled, "As act authorizing the incurring of indebtedness by cities, towns, and municipal corporations for municipal improvements, and regulating the acquisition, construction or completion thereof," becoming a law February, 25, 1901, and any amendments thereto and with the general incorporation act of the said State of California for Cities of the Sixth Class, for the purpose of the acquisition, construction and completion of said City of Huntington Beach of a certain municipal improvements to-wit: - The acquisitions of said City of Huntington Beach by purchase, condemnation or otherwise of a certain municipal improvement, to-wit: - a piece or pieces of laud within the said City of Huntington Beach, for the erection and construction thereon of a gas plant, with its accessories. That said bonds shall be twenty (20)in member: that they shall be designated "Municipal Gas Plant Bonds, Series, No. 1, 1910," and they shall be issued in the following denominations, towit; The twenty bonds shall each be of the denomination of On Hundred ($100.00)Dollars and the principal and interest thereof shall be payable in lawful money of the United States; the said Bonds shall be dated October 31d 1910 and shall bear interest at the rate of Five percent(5%)per annum, payable, semiannually on the first day of April and the fist day of October of each and every year until said bonds are respectively paid. The said bonds shall be payable in the following manner: one of the said bonds shall be payable on the Pt day of October 1910 and one of the said bonds on the Pt day of October of each and every year thereafter at the office of the City Treasurer of the said City of Huntington Beach, County of Orange, States of California, together ORD. 055 4 with interest at five per cent(5%)per annum on all same unpaid at such date; and the said bonds shall be numbered 1 to 20 inclusive. Section 7. It is further ordained and ordered that for the purpose of paying the principal and interest of said bonds the City Trustees of the said City of Huntington Beach shall at the time of fixing the general tax levy, and in the manner for such general tax levy provided, levy and collect annually each year until all such bonds are paid, or until there shall be a sum in the treasury of said city set apart for that purpose to meet all sums coming due for principal and interest on such bonds, a tax sufficient to pay the annual interest on such bonds as shall have been issued under the provisions hereof and also such part of the principal thereof as shall come due before the time of fixing the next general tax levy. Provided , however, that if the maturity of the indebtedness created by the issue of bonds made to begin move than one year after the date of the issuance of such bonds, such tax shall be levied and collected at the time and in the manner aforesaid, annually each year, sufficient to pay the interest on such indebtedness as is falls due, and also to constitute a sinking fund for the payment of the principal thereof on or before maturity. Such tax shall be in addition to all other taxes levied for municipal purposes, and shall be collected at the same time and in the same manner as the municipal taxed are collected and shall be used for no other purpose than for the payment of said bonds and accruing interest. Section 8. It is further ordained and ordered that the said propositions shall be present at said election to the qualified electors of the said City of Huntington Beach by means of questions or propositions printed upon the ballots used at said election; and the said question shall be printed in substantially the following form: - (A) Shall bonds of the City of Huntington Beach in the sum of$2,000.00, other and different from any other bonds mentioned in this ballot be issued for the purpose Yes of the acquisition of said City of Huntington Beach of a certain municipal improvements, to-wit: -the acquisition by said City of Huntington Beach by purchase, condemnation or otherwise of a certain municipal improvement, to wit: - a piece or pieces of land within the said City of Huntington Beach for the No erection and construction thereon of a Gas Plant with its accessories ? (B) Shall bonds of the City of Huntington Beach in the sum of$37,500.00 (other and different from any other bonds mentioned in this ballot) be issued for the Yes acquisition, construction and completion of the City of Huntington Beach of a certain municipal improvement: to-wit: - A Gas Manufacturing Plant, Container or No ORD. 055 5 Containers, pipes, conduits, meters, and appliances and appurtenances required for and usually had in connection with a Gas Manufacturing Plant? The said ballots shall be in all other respects in accordance with the general election laws of the State of California insofar as said general election laws apply to Municipal Corporations. Section 9 It is further ordained and ordered that the said special election shall be in every manner other than hereinabove specially set forth, held in accordance with the election laws of the State of California insofar as said election laws are applicable to Municipal Elections in cities of the Sixth Class. Section 10. It is further ordained and ordered that the following qualified electors of the said City of Huntington Beach are hereby designated and appointed as election officers for the offices set opposite their names, at such elections and the polling place is hereby designated to be as follows, to wit: - (George Martin Republican Inspectors (H.B. Parks Democrat. Judges (L.W. Stearns Republican Q.T. Reed Democrat. Clerks (H.T. Sundbye Republican (Owen Peters Democrat. Ballot Clerks (George Franklin Republican (George Wardwell Democrat. Polling places: - City Hall of the City of Huntington Beach. Section 11 It is further ordained and ordered that each and every member of such Election Board receive as compensation for his services on such board the sum of $5.00 Section 12 The City Clerk of the city of Huntington Beach shall certify to the reading, passage and adoption of this ordinance by a vote of more than two thirds of all the members of the Board of Trustees of said City, and shall cause the same to be published once each week for two successive weeks in the Huntington Beach News, a weekly newspaper published and circulated in said City of Huntington Beach, hereby designated for that purpose and thereupon and thereafter the same shall take effect and be in force. The foregoing ordinance was adopted at a regular meeting of the Board of Trustees of the City of Huntington Beach held on the 5th day of July, 1910, by the ORD. 055 6 affirmative vote of more than two thirds of all the members of the said Board of Trustees, to-wit: - Ayes. Helme, Seely, French, Manning. Noes. None Absent. Stewart; Ed Manning. President of the Board of Trustees of the City of Huntington Beach Orange County, California. Attest: C.E. Lavering City Clerk and exofficio Clerk of the Board of Trustees of the City of Huntington Beach, Orange County, California I approve the above ordinance this 5th day of July 1910. Ed Manning. President of the Board of Trustees of the City of Huntington Beach Orange County, California. I, C.E. Lavering, City Clerk of the City of Huntington Beach and ex-officio Clerk of the Board of Trustees of the said City hereby certify that the whole numbers of members of the said Board is five (5) and that the foregoing ordinance was read to the said Board of Trustees at a regular meeting of the said Board held on June 20, 1910, and again at its regular meeting on July 51h, 1910 at which it was passed and adopted by a vote of more than two thirds of all members of said board, the vote being as follows: Ayes. Helme, Seely, French, Manning. Noes. None Absent. Stewart. And I further certify that the said ordinance was approved by the president at the Board of Trustees of the said City of Huntington Beach on the said 5th day of July 1910. C.E. Lavering City Clerk and ex-officio Clerk of the Board of Trustees of the City of Huntington Beach California. Date of Publication July 8 - 15 — 1910 ORD. 055 7 I, C.E. Lavering City Clerk and exofficio Clerk, of the Board of the City Trustees of the City of Huntington Beach, hereby Certify that the foregoing is a true and correct copy of an ordinance of the City of Huntington Beach, numbered 55, entitled. An ordinance of the City of Huntington Beach calling a special election to be held at the said City on the 25th, day of July 1910, for the purpose of voting thereat upon certain propositions for the issuance of Bonds, of the City of Huntington Beach, in the amounts and for the purposes in said ordinance stated, and appointed officers of said election, and designating the place said election, and fixing the compensation of said officer of said election. And that the same was published in the Huntington Beach News, a weekly newspaper printed and published in the City of Huntington Beach, according to law on the 8 and 15th days of July 1910, C.E. Lavering City Clerk of the City of Huntington Beach, California ORD. 055 8 phis Ordinance was reproduced from a handwritten original in its exact form to maintain its historicaCtntegrtty. This typewritten format allows for keyword searching. the handwritten originaCs can be vie wed in the City Clerks office on request.