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HomeMy WebLinkAboutOrdinance #112 ORDINANCE NO. 112 AN ORDINANCE CALLING AND PROVIDING FOR A SPECIAL ELECTION IN AND FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY THE PROPOSITION TO INCUR A BONDED INDEBTEDNESS TO PAY THE COSTS OF CERTAIN PUBLIC MUNICIPAL IMPROVEMENTS IN AND FOR SAID CITY, TO WIT: THE ACQUISITION, CONSTRUCTION AND COMPLETION OF SEWERS IN SAID CITY,THE COST OF WHICH MUNICIPAL IMPROVEMENTS WILL BE TOO GREAT TO BE PAID OUT OF THE ORDINARY ANNUAL INCOME AND REVENUE OF SAID CITY OF HUNTINGTON BEACH. -----0----- WHEREAS,the legislative branch of said City of Huntington Beach did on the 2 1"day of October, 1913, by a vote of two-thirds of all the members of said legislative branch, determine in due and proper form that the public interest and public necessity of the people of Huntington Beach demand that the following improvements be acquired, constructed, completed and procured,to wit: That the sewers be acquired, constructed and completed in and along the following named streets, alleys, avenues, and public places in said city,to wit: In the first alley Northeast of Ocean Avenue, from the first alley Northwest of Thirteenth Street to First Street. In First Street from the first alley Northeast of Ocean Avenue to Ocean Avenue. In Ocean Avenue and a private right of war from First Street to a septic tank approximately twenty-eight hundred(2800)feet Southeast of First Street. In the First alley Northwest of First Street from the first alley Northeast of Ocean Avenue to Atlanta Street. In Atlanta Street from the first alley Northwest of First Street to Huntington Avenue. In Huntington Avenue from Atlanta Street to Chicago Street. In Chicago Street from Huntington Avenue to California Avenue. In California Avenue from Chicago Street to Detroit Street. In Detroit Street from California Avenue to the first alley East of California Avenue. ORD. 112 1 In the first alley East of California Avenue from Detroit Street to Elmira Street. In Elmira Street from the first alley East of California Avenue to Delaware Avenue. In Delaware Avenue from Elmira Street to Frankfort Street. In Frankfort Street from Delaware Avenue to the first alley East of Delaware Avenue. In the first alley East of Delaware Avenue from Frankfort Street to Geneva Street. In Geneva Street from the first alley East of Delaware Avenue to Florida Avenue. In Florida Avenue from Geneva Street to Indianapolis Street. In addition to the above the sewer system includes a septic tank and an outfall into the ocean from the septic tank. AND, WHEREAS, said resolution was thereafter, to wit: on the 21 sc day of October, 1913, duly approved by the chief executive of said city,to wit: the President of the Board of Trustees of said City: Section 1. NOW, THEREFORE, IT IS HEREBY ORDAINED,that a special election be and is hereby called to be held in the City of Huntington Beach, California, on Tuesday,the 30''day of December, 1913,to submit, and at which election shall be submitted,to the qualified voters of said City the following proposition to incur indebtedness by said City,to wit: The proposition to incur a bonded indebtedness of$35,000.00 in gold coin of the United Stated of America for the object and purpose of paying the cost of acquiring, constructing and completing sewers in and along the following named streets, alleys, avenues and public places in said City,to wit: In the first alley Northeast of Ocean Avenue, from the first alley Northwest of Thirteenth Street to First Street. In First Street from the first alley Northeast of Ocean Avenue to Ocean Avenue. In Ocean Avenue and a private right-of-way from First Street to a septic tank approximately twenty-eight hundred(2800) feet Southeast of First Street. In the first alley Northwest of First Street from the first alley Northeast of Ocean Avenue to Atlanta Street. ORD. 112 2 In Atlanta Street from the first alley Northwest of First Street to Huntington Avenue. In Huntington Avenue from Atlanta Street to Chicago Street. In Chicago Street from Huntington Avenue to California Avenue. In California Avenue from Chicago Street to Detroit Street. In Detroit Street from California Avenue to the first alley East of California Avenue. In the first alley East of California Avenue from Detroit Street to Elmira Street. In Elmira Street from the first alley East of California Avenue to Delaware Avenue. In Delaware Avenue from Elmira Street to Frankfort Street. In Frankfort Street from Delaware Avenue to the first alley East of Delaware Avenue. In the first alley East of Delaware Avenue from Frankfort Street to Geneva Street. In Geneva Street from the first alley East of Delaware Avenue to Florida Avenue. In Florida Avenue from Geneva Street to Indianapolis Street. In addition to the above the sewer system includes a septic tank and an outfall into the ocean from the septic tank. Sec.2. The object and purpose for which said special election is called is to submit to the qualified electors of the City of Huntington Beach the following proposition,to wit: The proposition to incur a bonded indebtedness of$35,000.000 in gold coin of the United States of America for the object and purpose of paying for the cost of the laying, acquiring,constructing and completing of sewers along the streets, alleys, avenues, public places and portions thereof in said City as more particularly hereinbefore described, and as set forth in the Resolution no. 222, adopted by the Board of Trustees of the City of Huntington Beach on the 215t day of October, 1913,to which reference is hereby made for a more particular description and specification. Sec.3. The estimated cost of the acquisition, construction and completion of said municipal improvements,to wit: said sewers in said City of Huntington Beach above specified, is$35,000.000. ORD. 112 3 Sec. 4. And it is hereby ordained that is the proposition above mentioned to incur said indebtedness in said sum of$35,000.00 for the object and purpose above mentioned shall be accepted by the qualified voters of said city as in this ordinance and by law provided,then and in that cause, bonds of said City to the amount of$35,000.00, gold coin of the United States of America aforesaid, for the payment of the cost of the acquisition, construction and completion of said sewers as hereinbefore set forth, and that said bonds shall be negotiable in form and shall be issued pursuant to said election and shall bear interest from their issuance until paid at the rate of five and one-half(5 '/2%) per cent. per annum payable semi-annually and the principal and interest of said bonds shall be payable in gold coin of the United States in the manner following,to wit: One/thirty-fifth 91/35th)part of the whole amount of the principal of said indebtedness shall be paid each and every year at the City Treasury of the said City of Huntington Beach on a day and date to be hereafter fixed by the legislative branch of said municipality,together with interest on all sums unpaid at such dates; and provided further,that said interest shall be evidenced by the proper coupons attached to said bonds, a separate coupon being attached to each bond for each semi-annual payment of the interest to become due on such bond. And it is further ordained that the total indebtedness authorized to be created at said election shall be represented by bonds payable in the manner aforesaid and that said bonds shall be issued in such denomination or denominations as the Board of Trustees of said City shall authorize, and that said bonds shall be known as"Sewer Bonds of the City of Huntington Beach, California." Sec. 5. The proposition to be submitted to the qualified electors of the City of Huntington Beach at the aforesaid election on said date is as follows: "Shall Sewer Bonds be issued for$35,000.00 by the City of Huntington Beach, thereby incurring a bonded indebtedness of$35,000.00 to pay for the cost of laying, acquiring, constructing and completing sewers along the said streets and avenues and portions thereof in said City of Huntington Beach?" Sec. 6. It further ordained that the official ballot used at said election shall contain,besides the other things required by law,the following proposition and question in substantially the following manner: "Shall sewer bonds be issued for$35,000.00 by the City of Huntington Beach, thereby incurring a bonded indebtedness of$35,000.00 to pay for the cost of laying, acquiring, constructing and completing sewers along the said streets and avenues and portions thereof in said City of Huntington Beach?" Yes No ORD. 112 4 If, at said election,an elector shall stamp a cross(X) in the voting square after the printed word"YES"his vote shall be counted in favor of the proposition. If an elector shall stamp a cross (X) in the voting square after the printed word"NO"his vote shall be counted against the proposition. In all other respects said ballot shall be in accordance with the general election laws of the State of California so far as the said election laws apply to municipal corporations of the sixth class. Sec. 7. It is further ordained that the said election shall be held in accordance with the general election laws of the of the State of California in so far as the said election laws are applicable to municipal elections in cities of the sixth class. The polling place must be opened at six o' clock in the forenoon of the day of election and must be kept open until seven o' clock in the afternoon of the same day, when the polls shall be closed. Sec. 8. That for the purpose of said special election the said City of Huntington Beach shall be and the same hereby is now divided into a regularly constituted, and established as, one election precinct to be known as designated as the "City of Huntington Beach Municipal Election Precinct;"the boundaries of which precinct shall be and hereby are fixed as co-extensive with the exterior boundaries of said City of Huntington Beach. in said precinct the polls will be held in the City Hall, said place being one in which election have usually been held and being in said precinct. Sec. 9. It is further ordained that the following qualified electors of the City of Huntington Beach are hereby designated and appointed as election officers for the offices set opposite their names at said election: Inspectors J.D. Porter—S.E. Hearn Judges Joe Washburn, Fritz Bruggemen Clerks Geo. W. Wardwell, -H. T. Sundby See. 10. It is further ordained that each and every member of said election board shall receive as compensation for his service on said board the sum of$500. Sec. 11. The City Clerk of the City of Huntington Beach shall certify to the passage of this ordinance and shall cause the same to be published one each week for two succeeding weeks in the Huntington Beach News, a weekly newspaper published and circulated in the said City of Huntington Beach, and thirty (30) days after the last publication thereof it shall take effect and be in full force. W.D. Seely, President of the Board of Trustees of the City of Huntington Beach, California. ORD. 112 5 ( SEAL ) ATTEST: C.E. Laveriniz City Clerk and ex-officio 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 and ex-officio Clerk of the Board of Trustees of the City of Huntington Beach, California, do hereby certify that the whole number of all the members of the Board of Trustees of the City of Huntington Beach is five, and that the foregoing ordinance was read to the Board of Trustees of the City of Huntington Beach at their-------regular meeting held on the 3d day of November, 1913; and that the same was passed and adopted by the said Board at their adjourned regular meeting held on the 12`h day of November, 1913, by the following vote,to wit: Ayes Helme,Howard,French, Seely Noes None Absent Rosenberger The above named member voting for the foregoing ordinance comprise more than two-thirds of all the members of said Board of Trustees of the City of Huntington Beach, California. C.E. Lavering City Clerk and ex-officio clerk of the Board of Trustees of the City of Huntington Beach, California. ( SEAL) Date of Publication November 14'h 1913. 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 a true and correct copy of an Ordinance of the City of Huntington Beach, numbered 112, and entitled an ORD. 112 6 Ordinance calling and providing for a special election in for the City of Huntington Beach, California, for the purpose of submitting to the qualified electors of said city the proposition to incur a bonded indebtedness to pay the costs of certain public municipal improvements in and for said city,to wit;the acquisition, construction and completion of sewers in said city,the cost of which municipal improvements will be too great to be paid out of the ordinary annual income and revenue of said City of Huntington Beach. and that the same was published once in the Huntington Beach News, a weekly newspaper, printed and published in the City of Huntington Beach,according to law, on the 14I' day of November 1913. C.E. Lavering, City Clerk and Ex-Officio Clerk of the Board of City Trustees of the City of Huntington Beach, California ORD. 112 7 phis Ordinance was reproducedfrom a lool lool handwritten original in its exact form to maintain its historicaCtntegrity. This tyyewrttten format alCotivs for keyword searching. the lool lool handwritten originaCs can be viewed in the City Cterk 's office on request.