Loading...
HomeMy WebLinkAboutOrdinance #89 ORDINANCE NO. 89 AN ORDINANCE CALLING A SPECIAL ELECTION TO BE HELD IN THE CITY OF HUNTINGTON BEACH, ON THE 22ND, DAY OF APRIL, 1912, AND SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY, A PROPOSITION TO INCUR AN INDEBTEDNESS FOR A PUBLIC IMPROVEMENT, TOWIT: A MUNICIPAL WHARF, AND PROVIDING FOR THE ISSUE OF BONDS THEREFOR, AND FOR THE LEVY OF A TAX FOR THE PAYMENT OF SAID INDEBTEDNESS, DESIGNATING THE POLLING PLACE, AND APPOINTING THE ELECTION OFFICERS OF SAID ELECTION. The Board of Trustees of the City of Huntington Beach, do ordain as follows: Section 1, Whereas, the Board of Trustees of the City of Huntington Beach, at its adjourned regular meeting held on February 10 . 1912, by a vote of two thirds of all its members, duly passed and adopted a resolution determining that the public interest and necessity of the City of Huntington Beach demanded the construction of a certain municipal improvements; estimating its cost and determining that said cost will be to great to be paid out of the ordinary annual income and revenue of said city, which said resolution was and is in the words and figures following, to-wit; Resolution No. 239 A Resolution determining and declaring that the public interest and necessity demand the acquisition, construction and completion by the City of Huntington Beach, of a certain municipal improvement, towit; a wharf the estimated cost of which will be to great to be paid out of the ordinary annual income and revenue of said City. The Board of Trustees of the City of Huntington Beach do hereby resolve as follows; Section 1. That this Board of Trustees does hereby determine and declare that the public interest and necessity demand the acquisition, construction and completion by the City of Huntington Beach, of a certain municipal improvement, towit: to acquire, own, construct, maintain and operate upon the water front of the City of Huntington Beach, between the Southerly extension of the Easterly and Westerly side property lines of Main Street in said City, and extending into the Pacific Ocean from the bluff along the coast line of said City and at said front, a wharf together with the necessary approaches to connect the same with the main land at that point and together with necessary landing places for ships and shipping, ORD. 089 1 Section 2, That the place where said wharf is to be constructed as described in Section one of this Resolution, is included within the corporate limits of the City of Huntington Beach, and the ocean water at said point is manageable and the said water front between the said extended lines of said Main Street there of is owned by the State of California, and controlled by the said City of Huntington Beach for wharfage purposes. Section 3, That the estimated cost of said improvement is $70,000.00, and that the said cost of said improvement is and will be to great to be paid out of the ordinary annual income and revenue said City. Section 4, The City Clerk shall certify to the passage of this Resolution and shall cause the same to be filed in his office, and shall copy the same at length into the minutes of this meeting. Section 5, The City Clerk shall cause notices of the passage of this Resolution to be published and printed once in the "Huntington Beach News," which is a newspaper of general circulation printed and published less than six days a week, towit, weekly in the said City of Huntington Beach, Section 6, This resolution shall take effect and be in force from and after its adoption and passage by this Board and its approval by the President of this Board of Trustees. Passed and adopted and approved this 10th, day of February, 1912, Ayes: Helme, Seely, Stewart, French, Manning. Noes: None. Absent: None. Ed Manning President of the Board of Trustees of the City of Huntington Beach, State of California. Attest: C.E. Lavering. City Clerk and ex-officio Clerk of the Board of Trustees of the City of Huntington Beach, California, Section 2. And Whereas, said resolution was thereafter on said 10f, day of February, 1912, duly approved by the Chief Executive, of said City of Huntington Beach, to-wit; the President of the Board of Trustees of said City. Section 3, And whereas, the estimated cost of said municipal improvement described in said resolution is and will be too great to be paid out of the ordinary annual income and revenues of said City of Huntington Beach, ORD. 089 2 Section 4, It is therefore ordered that a special election be and the same is hereby called to be held in the City of Huntington Beach on the 22nd. day of April, 1912, for the purpose of submitting to the qualified voters of said City of Huntington Beach the proposition of incurring the said indebtedness for the purposes set forth in said resolution and hereinafter states, Section 5, That the object and purpose for which said indebtedness is proposed to be incurred are the following, for the acquisition, construction and completion by the City of Huntington Beach of a municipal wharf upon the water front of the City of Huntington Beach , between the Southerly extension of the Easterly and Westerly side property lines of Main Street in said City, and extending into the Pacific Ocean from the bluff along the coast line of said City and at said point; together with the necessary approaches to connect the same with the main land at that point, and together with the necessary landing place for ships and shipping. That the estimated cost of said municipal improvement is the sum of Seventy Thousand dollars ($70,000.00), and that such cost till be too great to be paid out of the ordinary annual income and revenue of the City of Huntington Beach, and that the rate of interest to be paid on said indebtedness in five and one half per cent(5 '/z%)per annum, pay able semi-annually, and seven (7) to be made payable each and every year on the 1st day of June of each year after the date and year of thus issue, at the office of the City treasurer of said City, together with interest on all sums unpaid at said date, untill all of said funds have been paid, Section 7. That for the purpose of paying the principal and interest of said bonds, the City Trustees of said City shall at the time of fixing the general tax levy, and in the manner for such tax levy provided, levy and collect annually each year untill all of such bonds are paid, or untill there shall be in the treasury of said city, set aside for that purpose, sufficient to meet all sums coming due for principal and 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 day of fixing the next general tax levy. Said 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 funds and accruing interest. Section 8. The Polls for such election shall be opened at six (6) o'clock of the morning of the day of the election, and shall be kept open untill six (6) o'clock in the afternoon of the same day, when the polls shall be closed. The ballots to be used at such election shall be printed in the following form: "Instructions to Voters" ORD. 089 3 "To vote, Stamp a cross in the Voting square after the word "Yes" or after the word"No-," "All marks except the Cross (x) are Forbidden. All Distinguishing Marks or Erasures are Forbidden and Make the Ballot Void." "If you Wrongly Stamp, Tear or Deface This Ballot, return it to the inspector of election and obtain another. "Shall the City of Huntington Beach incur a Bonded Yes. debt of$70,000.00 for the acquisition, construction and completion of a Municipal Wharf upon the water front?" No. Section 9. Polling Place, That the polling place for said election in said city shall be at the City hall on the North side of Walnut Avenue, East of Main Street in said City. Officers of Election. That the officers of election shall be: Judges. . L.R. Whitney and Joe Washburn. Inspectors - - J.T. Reed and Fritz Bruggenman. Clerks - - Geo. W. Wardwell and E.C. Wright. Ballot Clerks - - Jas. A. Lake and J.E. Brunton, Section 10, That in all particular not recited in this ordinance, such election shall be held as provided by law for holding municipal election in cities of the sixth class. Section 11. The City Clerk of the City of Huntington Beach shall certify to the passage and adoption of this ordinance by a vote of two-thirds of all members of the Board of Trustees of said City, and shall cause the same to be published once a week for two weeks in the Huntington Beach News, a newspaper published less than six days a week in the said City of Huntington Beach, and the said City Clerk shall cause this ordinance to be posted in three public places in said City for two weeks, as provided by Section 3 of an Act of the Legislature of the State of California, entitled "An Act Authorizing the Incurring of Indebtedness by Cities, Towns and Municipal Corporations for Municipal Improvements, and Regulating the Acquisition, Construction or Completion Thereof," which became a law under constitutional provision, on February 25 , 1901, Statutes of 1901, Chapter XXXII. Passed March 4 , 1912. Ed Manning President of the Board of Trustees of the City of Huntington Beach. ORD. 089 4 I hereby certify that the whole number of members of the Board of Trustees of the City of Huntington Beach is five, and that the foregoing ordinance was passed and adopted by a vote of more than two-thirds of all the members of the said Board of Trustees at its regular meeting held on March 4 , 1912, and by the following vote: Ayes: Helme, Seely, French, Manning. Nays: None, Absent: Stewart. C.E. Lavering City Clerk and exofficio Clerk of the Board of Trustees of the City of Huntington Beach, I hereby approve the foregoing ordinance this 41-h, day of March 1912. Ed Manning President of the Board of Trustees of the City of Huntington Beach. I, C.E. Lavering City Clerk and ex-officio Clerk of the Board of Trustees of the City of Huntington Beach, California do hereby certify that the foregoing ordinance was read to the Board of Trustees of said City on the 20, day of February, 1912, and that the same was again read to said Board of Trustees and adopted by them at their regular meeting held on the 4th. day of March, 1912 by the following vote, Ayes: Helme, Seely, French, Manning. Nays: 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 Mar. 8 — 1912. I C.E. Lavering City Clerk, and Ex-Officio Clerk, of the Board of City Trustees of the City of Huntington Beach, hereby certify that the foregoing is true and correct copy of an ordinance of the City of Huntington Beach, numbered 89, and entitled An Ordinance calling a special election to be held in the City of Huntington Beach on the 22nd day of April 1912, and submitting to the qualified voters of said City a proposition to incur an indebtedness for a public improvement towit: A municipal wharf and providing for the issue of bonds therefore and for the levy of a tax for the payment of said indebtedness designating the polling place and appointing the election officers for said election. and that the same was published twice in the Huntington Beach News, a weekly newspaper, ORD. 089 5 printed and published in the City of Huntington Beach according to law on the 8"' day of March 1912. C. E. Lavering City Clerk and Ex-Officio Clerk of the Board of City Trustees of the City of Huntington Beach, California. ORD. 089 6 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.