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HomeMy WebLinkAboutOrdinance #166 � t � I Ordinance No. 166. kAn Ordinanes of the city of Huntington Beach, a munic-ipal corporation of the sixth class incorporated under the laws of the estate of California, ordering the submission 2a to the qualified voters of the said city the proposition of incurring a bonded debt for the, purpose .of. the acquisition 3' and construction in the city of Huntington Reach, of a municipal improvement , as set forth in Resolution No. 281 4 of said city, to-wit: a gas distributing system, and a calling a special election for that purpose , reciting the 5 objecteand purposes for which the indebtedness is proposed t be incurred , the estimated cost of the proposed improveLent 6 the amount of the principal of the indebtedness to be in- curred therefor, and the rate of interest to be paid on said 7 indebtedness , fixing the date on which such election is to be held, the tanner of holding such election, and the 8 voting for or against incurring such indebtedness , and providing that , in all particulars not recited in this 9.. Ordinance , such election shall be held as provided by law i for holding municipal elections :in the city of Huntington 10 °each. 11 rhoreas, on the first day of November, 1915, at a regular meeting of the legislative branch of the city of Huntington 9each 12 to-wit; the coard mf Trustees of said city, by a vote of more a than two-thirds of all the members of said Hoard of Trustees , 13 there was passed and adopted Resolution No. 281 of said city, being a Resolution determining and declaring that the public 14 interest and also the public necessity of the city of Huntington Peach, and the inhabitants thereof , demanded the acquisition 15 and construction of a municipal improvement in the ,city of � Huntington Beach, to-wit ; a systes,, of gas pipe lines , mains, 16 laterals, rosters and attachments for the distribution and supply of gas in said city, and including all other apparatus 17,1 and appliances necessary and proper for receiving gas at a source } of supply in the city of Huntington Roach and to transmit and 4 lg distribute the same to the inhabitants, public buildings and places thereof , for the purpose of light and heat . 19 The said municipal inprovesuent being necessary and convenient to carry out the objects , purposes and powers of the city ®f Hur.-� tin ton Teach the cost of which municipal Im 20� g rovesi:ent will be p p too great to be paid out of the ordinary annual incosze and 21M revenue of the city of Huntington Reach. 42? Now therefore, at this a subsequent meeting of the'said 1 Aoard of Trustees of the city of Huntington each after the 23 passage s.nd adoption of said Resolution No. 281: a The Board of Trustees of the city of Kuntington Reach Aces 24 ordain as follows.; j 261 Section 1, It having been determined and declared by I Resolution tlo. 281 of the city of Huntington Beach , passed and 26 adopted by a vets of more than two-thirds of all the members of i S7-1 the legislative branch of said city , tp-wit; The Board of Trustees thereof , that the public interest and also the public j necessity of the city of Huntington Beach and the inhabitants 28 thereof , demands the acquisition and construction in the city i of Fiuntinoton Reach of a municipal' improvement to-wit: a systesu 89 of gas pipi lines , mains , laterals , meters and attachss.ents for the distribution and supply of gas in said city, and inclu lAing 30 � all other apparatus and app3.1kncebtnecescozy and proper fo r 3 receiving gar at a source of supply in the city of Iiuntingtvn °cad? 81 k and to trenomit the same to the inhabitants, public buildings and places t"ereof , in order to carry out the ob�eets , purposes and L. 32 powere of the city of Huntington peach, the cost of Which au- nicipal Improvement will be too great to be ' ' 7 fpdd out of the y�' 3 ' 9 4 i (2) i 1 1 ordinary annual income and revenue 'of the city. of Huntington Beach. It is hereby declared that the *ioard of Trustees of the city ] of Huntington Beach, propose to incuTJ a bonded dobt' to 'pay':the j 3 cost of said municipal improvement ) to-wit: said gas distributing ; system, and to issue and sell the bonds of the city of Huntinitoni Reach to pay the cost of the acquisition and construction thereof It is further declared .that the use of the words "gas at distributing system" hereafter in this, ordinance shall mean and be construed to mean the said;rnunioipal improves,ent and the whole 8 thereof as set forth in said Resolutiog No. 281 and as described in this Section of this Ordinance. 7 Section 2 , The objects and purposes for which the indebted1 8 Hess is proposed to he incurred are to pay the cost of the acquis-i ition and construction of said municipal Improvement in the city � 9 of Huntington Beach, to-wit: said gas distributing system for the purpose of receiving gas as,V a source of supply in the city o 10 , Huntington Beach, transmit and distribute said gas to the inhabit-� ants -of said city of Huntington Beach and to the public buildings 11 and places thereof in order that the city of Huntington Reach { and the inhabitants thereof may receive and have a constant , '12 _ adequate and sufficient supply: of gas for the purpose of light and beat 13 - Section 31 The cost of the acquisition and construction 14 of the proposed municipal is:provaLent , to-wit: said gas distributin system, is estimated to be twenty thousand Dollars 16 ($20)000.00� and the amount of the principal of the indebtednessa to be incurred therefor is the sum of twenty thousand dollars 16 ($20,000.00) which sum is .and will be too great to be paid out of the ordinary annual incomo^and revenue of the city of 17 Huntington Reach. i 18 Section 4, The rate of interest to be paid on the said prin- cipal of the indebtedness of twenty thousand dollars ,(y2U,GGG.uGX1 19 which it is proposed to be incurred, is hereby fixed at (5) five perwont par annum and the said interest at said rate shall be 20 paid semi-annually. i 21 Section 6, The poard of Trusttes hereby orders the sub- mission of the proposition of ineurrin a bonded indebtedness ' • 22 in the our, of twenty thousand dollars f t'20,000 .00) for the pur- ppcoos set forth in said Resolution No. 281, and in this Ordinance 23 hereinbefors ment':oned and described, being the acquisition and XXX 24 construction of said municipal improvement , to-wit: said gas j distributing system, to the qualified electors of the city of 26 Huntington Reach, and for that purpces an election is hereby called to be held at and within the city of Huntington Reach on I 28 the 28th day of Decssber, 1915) which day is hereby fixed as the date on which such election will be hold; the said election shall be a special election and shall be held separately fron. 27 from all other elections , and at said special election no other question than the incurring of said indebtedness for said purpo sea 28 shall be submitted. 29 Section 6, At the special election called to he held and provided for by Soc.b of this Ordinance , there shall be 30 and is hereby submitted to the qualified voters of th^ city c: Rurtingter. Beach the proposition of incurring a bonded debt by 31 the city of Huntington Psaoh in the sun, of twenty thcuaand dollars , (020,000,00) with which to pay the cost of the ; 32 ecquisition and oenatruotion of the hereinbefors a,entluned (3) 1 and described municipal improvement , to-wit : the said ras 2 distributing system, the said municipal improvement minx necausary and convenient to carry out the ob3e.0t0,_pdrpoffieG,` 3 and pourers of the city of Huntington Reaoh. Section 7, The manner of holding such epecial election 4 and the voting for or-'against incurring such indebtedness 6 shall be as follows: The proposition of incurring a bonded debt and issuing .the 6 bonds of the city of Huntington 'Reach for the:, acquisition and' construction' of 'said municipal improvement , to-wit said as distributing system, in the sum of twenty thousand dollars 7 It2O,GOO.00) shall be submitted to the qualified voters of the 8 city of Huntington 'Reach by Iprinted ballot , and the ballots used at such special election, except as othirwiso provided for 9 in this Ordinance , shall be prepared , printed , furnished and distributed as provided by law for preparing, printing , furn 10 ishing and distributing ballots at municipal ,elect ions in the city of Huntington Beach; each ballot shall have printed on 11 the back thereof the words: 12 "Municipal Ticket Bond Election City of Huntington Beach." 13 and on the top of the faco of the ballot the following 14 instructions to voters shall be printed: 16 ",Instructions to,Veterx: To vote in favor of the proposition stamp across (X) in the 16 voting square at the right of the word "YES" following the proposition to be voted upon. To vote against the proposition 17 stamp a cross (X) in the voting square at the right of the word "NO" following the pro osition to be voted upon. 18 All marks except the cross (X) are forbidden. All distinguishing narks or erasures are forbidden and make the ballot void. If 19 you wrongly stamp, tear or deface this ballet return it to the Inspector of Flection and obtain another." 20 There shall be further printed on the face of each of said ballots the following: 21 Proposition, YES. a 22 "Gas Oistrtbuting Ronds , 1.?O,000.GO 23 NO." 24 Section 8, For the purpose of said special election all of the voting precincts of the city of Huntington 'Peach , being 26 two voting prooincbs , are hereby consolidated into, and shall constitute , one special election precinct to bt numbered 26 Special Election Precinct Plumber One , and the said Special Flection Precinct No. 1, shall embrace the same territory and 27 the exterior boundaries thereof shall be the Gaza as .the exterior boundaries of the city of Huntington Reach. 28 Said special election shall be held in said Special Election Precinct No, 1, at the polling place hereinafter 29 named and established and the following named persons , each of whoa, is a registered, qualified elector of one of the pre- j 30 cir.ote of which said Special election precinct ; a,l is corn- i posed, are hereby appo%nted as a Qoard of •Election to hold, 1 31 conduct and make returns of said special election; aaid Poard of election to considt of two Inspectors , two Judges , and 32 two Clerks , each of said persons shall receive for his ) ' services as an election officer the ours of ft.GG lawful money of the United States. I { (4) 1 Special Election Precinct. Namber One, 2 Polling Place , City hall, Inspector, J. "H.; Bi roh, 3 Inspector , F, Aruggemann, Judge , Joe Washburn, 4 Judge , W. H. Smith , Clerk, d W: Wardwell , 6 Clerk , H. .T. Sundbye , i 6 ; Section 9, The polls at the polling place here.-in-before designated must be openedtat six o'clock A. it. of the day of Electl 7 -ion and must be kept open until seven o'clock P.M. of the same day,. when the polls shall be closed, except as provided in Bectio 8 1164,of .the Political Code 8 Section 10, In all particulars not recited in this Ordinanom said special election shall be hold and conducted as provided by 10 lax for holding municipal elections in the city of Huntington Beach. 11 Section ll , Any qualified voted may at said special elect- 12 ion vote in favor of the proposition submitted by eta.m,ping a cress (X). en his or her ballot in the voting square at the right 13 of the word "YES" following the proposition voted upon and any qualified voter riay vote against the proposition submitted by 14 stamping a cress (X) on his or her ballot in the voting square at the right of the word �,N09 following the proposition voted i 16 upon. 16 Section 12 , If any vat er at said special election shall have stamped a cross (X) in the voting square at the right of the 17 word "YES" following the proposition voted upon, his or her ballot shall be counted in favor of the issuance of the bonds 18 mentioned in said proposition; and if he or she shall have stamped! a cress (X) in the voting square at the right of the word "NO" 19 following the proposition voted upon, his or her vote shall ba counted against the issuance of the bonds mentioned in said 20 proposition. 1 21 Section 13, If at said special election two-thirds or more of all the voters voting thereat shall have voted in favor s 22 of the proposition of incurring a bonded debt' by 'thes city of Bunt-! ington Bead; and the issuance of the bonds thereof in the sus: of j 23 twenty thousand dollars (t20jp000.00) for the acquisition and con- struction of said municipal improvement , to-gait ., said gas dis- 24 tributing system, then the bonds of said city shall be issued and j sold by the 9oard of Trustees of the city of Huntington Reach in 26 ths. sum of twenty thousand dollars (t20,00O.-10) for said pur- poses; but none of said bonds shall be .sold for less than their ; :26 par value and the proceed& of such bonds shall be pls.ced in thy= municipal treasury of the city of Huntington Reach to the credit 1 27 - of the "gas distributing system" fund and shall be applied ex- i elusively to the purposes and objects mentioned in this Ordinance . ', 28 Section 14, The bonded indebtedness in the sum, of twenty 39 thousand dollars Q20,000.00) shall be evidenced 1)y forty (4G) bonds , each in the denomination of five hundred dollars 80 said bonds shall be numbered consewutively from one(1) to forty (40) both inolusiva , all of said bonds shall be dated the first 81 day of. March , 1916, and shall bear interest at the rate of five percent (5f) per annum from said first day of ;,March , 1916, the 12 said'intersst *hall be evidenced by interest coupons �51 1 attached to said bonds , and said coupons shall be nur.bered con— secutively. 2 Section 15, The bonds s'-:all be signed by the President 3 of the hoard of Truettes of the city of Huntington Beach also signed by the Treasurer thereof , and countersi@ned by the Clerk. 4 The interest coupons of said bonds shall be signed by the Treasurer. Thereafter said bonds shall be paid as follows 6 Cosaiencing on the first day of March , 1917, Bonds Nos 1 and 2 shall be paid and annually thereafter on the first da-y of March 6 two of said Ronde , being not lass than one—fortieth part of the whole amount of such indebtedness , in successive numerical order 7 shall be paid. The interest on said bonds shall bo paid as follows; the first installment on Sept let , 1916, and semi—annual g thereafter on the first day•'of March and tho;first day of Septet— bar in each year until all of said bonds , both principal and g interest shall have been Pell and truly paid in gold coin of the United States. Both the principal and interest of said bonds 10 shall be paid at the office of the Treasurer of the city of Huntirg— ton Beach in said city , County of Orange , state of California. 11 Section 16, Tlie indebtedness of twenty thousand dollars 12 ($20,000.00) which it is proposed hereby to incur, together with all other indebtedness heretofore incurred by the city of 1£ 13 Huntington Beach, will not in the aggregate exceed fifteen per— eentuz of the assessed value of all the real and personal 14 property of the city of Huntington Reach. 16 Section 17, There being no newspaper published in the city of Huntington Reach at least six dkys a,�week, therefore 16 the Clerk of the city of Huntington Reach is hereby ordered and directed to publish this ordinance in the Huntington Reach Maws , 17 a weekly newspaper published in the city of Huntington Reach less than six days a week, to—wit : published therein once a week, by ore ' 18 insertion in said Huntington Peach News, each week , for twoKy succeedin weeks and this Ordinance and the g publication thereof 19 as provided for in this section , shall constitute a notice of said special election, and no other notice of said special elects n . 20 need be given. 21 Section 18, This Ordinance being an: ordinance calling and otherwise relating to an election, the same shall go into effect 22 and be in force from and after its passage: 33 The foregoing Ordinance No. 168 was passed at a regular meeting of the Board of Trustbts of the city of Huntington s s 24 Beach, as the legislative branch thereof , hold on the 29th day of November , 1915, by the vote of- more than tyro—thirde of all 26 its members , and on said day was signed by the President of the ?loard of Trustees of said city, the said Ordinance being g passed 26 by the affirmative vote of the following named Trustees; Ayes , Trustees , Helms , Huston, Tarbox , French. 27 does q . k Absent , Rosenberger . { 28 The above and foregoing Ordinance 1'0 . 166 is signed and ap,. -�; 29 proved by me this 29th day of November, 1915. 30 E. F. French , Pr:�sident of the hoard of Trust' 81 of the city of Hunt irgt on ''each. Attest , California. 32 Chas. 'R. Nutt , { City Clark and ex—officio Clerk of the Board of Trustees of the city of Huntington Reach , Calif . i s 1 I , Chas. R. Nutt the dulysleeted , qualified and acting Clerk of the city of• $untin£ton Reach, do hereby certify that the whole number of the members of the Roard of Trustees of the $ city of Huntington 'Reach, it five (5) and that the foregbitig Ordinance No. 166 was passedand adopted by said Board of 4 Trustees of the city of Huntington Beach at a regular e,eeting thereof hold on the 29th day of November, 1016, by the following named members of said Roard of Trustees% Ayes , Trustees , Helme', Huston, Tarbox, French. 6 Noes, None. Absent , Rosenberger. 7 That on said day E. E. French wa's the duly elected, qualified and acting President of the Roard of Trustees and that on said 8 day as .President he duly approved said Ordinance . That the above named members of said Board of Trustees voting in favor of said 9 Ordinance No. 166 , comprise more than two-thirds of all the members of said Roard of Trustees. 10 In witness whereof , I have hereunto affixed my official signature and the seal of the city of Huntington Reach this 11 29th day of November, 1916. 12 Attest , 64-0 o uTor"k o tyof 1oUif O13 t ` n : _ d ch. ..,-' 14 16 ChG s. R. 11ut t , vit,y cicrk,'utid,l:.v_0j tciu clerk;,of AA i,wirtivf Ci.tyTr»xtre,sof the City )f IlttQihe1t0rt ATINIM, htreby ,ll!r£ify tia<rt 16 the.fnrr;,toi-n. is•i frne urui correct copy bf an Oniiannea of the City of Rtot,t 16G ! 17 i„r7t„tltt,zch n„mbcrctl atuletaiiEttd ;an brdir, .nce cr'iriT, submie,;ion to the qualified v&ters the propcoitiQn of ir,:urrin 18 a bonded debt for the acquisition anti construction of a Paz - tributing eystera as set forth in Res. *o.2F1 , ; colii . � z e,'1f! 4;1 19 election, reciting the purpose , the estimated cost , he r:.. Cf interest , the date and manlier of holding vuch rxl^cticn 20 r.anncr of voting thereat , the nauos cf the of€ieialn to hvId the same. i 21 That the saLe was 2 published four (4j tip=es In �1_e 22 'each ',ewe , a weekly newspaper printed publichaddand in the city of • 23 10th , 17th and 2*th of City i.1ssTK scn fix-��C"ici :;i rf 24 t)f *}:y -Ir)a.r3 of r t 3 c;_' 4; 26 City of 'lint injto j.. ,:i_ • f . wtd thew' tilt aam4 was prdliiished 4 t�inV - t:nr;,,.. :;, 26 weekly newspaper, printed and ptabliAed in the City cJ Ilun I r 27 r _e--M% ih;to late,on.this � —d,ai, ICI to/nit ��qJ Mtn`,7tvj n' 28 i►m�ditYj u? rnII.I" "+'k,) ''t, lei ppgjjq'td gmb pv;uj.at `.ta,lt;,t<,;,su + ,s?1 tl sntn otttrt9 011 ;1, ,, i;," 'RttA�4�oivrra;I�n,1.f•: ,ti,rrll atj; lit _1'a f ryn 29 t 30 81 32 . . -.,