HomeMy WebLinkAboutOrdinance #222 ORDINANCE NO. 222.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DECLAR-
ING THE INTENTION OF THE BOARD OF TRUSTEE'S OF SAID
CITY TO WIDEN FIFTH STREET IN SAID CITY; DESCRIBING
THE IMPROVEIMT A 1-D THE LAND ITIECESSARY AND CONVENIENT
TO BE TAKEN THEREFOR AND SPECIFYING THE BOUNDARIES
OF THE DISTRICT .TO BE BENEFITED BY SAID zl+.i"PROV 1 711NT
AND TO BE ASSESSED TO PAY THE EXPENSE THEREOF AND TO
BE KNOWN AS THE ASSESSIMNT DISTRICT.
The Board of Trustees of the City of, Huntington Beach .
do ordain as follows
SECTION 1. That the public interest and convenience
require and it is the intention of the Board of Trustees of the
City of Huntington Beach, Orange County, California, to order the
widening of Fifth Street in said City over its entire length and
running from its intersection with Ocean Avenue in said City to
its intersection with Main Street in said City to a width of Eighty
Feet (80) , by adding to said Street a strip of Land Ten ( 10) feet
in width on each side thereof over its entire length; that the
land necessary and convenient to, be taken for such street widening
is described as follows :
Commencing at the most Southerly ( S) corner
of Lot One (1) in Block one hundred and Five (105)
of the Huntington Beach. Tract , running thence North-
easterly (NE) along the North-westerly (Nff) boundary
line of Fifth Street in a straight line to its inter-
section with the. Westerly (W) boundary line of Main
Street , being at a point '�venty-three and ninety-six
hundredths (23.96), feet Southerly (S) from the North-
easterly (NE) corner of Lot Two ( 2) , Block. Five hund-
red and Five (505) of the Huntington Beach Tract,
running thence Northerly (N)- Fifteen and fourteon hund-
redths (15.14) feet along','the Westerly (W) boundary-
line of said Main Street, running thence South-,-niesterly
(SI) parallel to and Ten (10) feet distant from the
said North-westerly (NW) boundary line of Fifth Street
to a point in the North-easterly (NE) boundary line 'of
Ocean Avenue, Ten (10) feet from the point of beginning,
thence South-westerly (SE) along said boundary line of
Ocean Avenue to-rhe.point of beginning and commencing at
the most Westerly. (W) corner of Lot Ten (10) in Block' .
One hundred and Four (104) of -the Huntington Beach
Tract, running thence North-easterly (1�L) along the
South-easterly (SE) boundary line of Fifth Street ' to
its intersection with the South-westerly (ST) boundary
line of Magnolia Avenue, being the most Northerly ('N)
corner of Lot Fifteen (15) in Block Four hundred and
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S
r y .
Four (404) of Huntington- Beach Main Street Section
thence' South-easterly (SE) along the South-i+.resterly
(SW) boundary line of said %Magnolia Avenue, a distance
of Ten (10) feet, thence South-westerly (SM) p ralle11
to the South-easterly (SE) boundary line of Fiftlo Street
and Ten (10) feet distant therefrom to the North-west-
erly (M) boundary line of Ocean Avenue At a point
Ten (10) feet South-easterly ( SE) from the point of
beginning , thence North=aasterly (M) to the point of
beginning,. excepting therefrom any portion of any street
or alley which is included within the above described
- parcels of land.
That the boundaries of the district to be benefited by
said improvement and to be assessed to pay the expense thereof and
to be known as the assess:zient district . are as follmis :
All that portion of the City of Huntington Beach,
California, included within the following described boundary
lines, to-wit :
Commencing at the point of intersection of the
center line of Ocean Avenue with the center line of
Fifth Street , •in Laid City; thence in a straight ' '
line to the most westerly (W) ,corner of Lot Five ( 5)
Block One hundred and Five (105) , Huntington Beach
Tract ; thence in a straight line to the most North-
erly (N) corner of said Lot Five ( 5) , Block One' hund-
red and Five (105) Huntington Beach Tract , thence in
a straights line to the intersection of the center
line of the alley running through Blocks One hundred
i and Five (105) , Two hundred and Five (205) `and- Three
hundred and Five (305) , Huntington Beach Tract with
j the center line of Orange Avenue; thence in a straight
line to the most Westerly (W) corner of Block Four hund-
red and Five (405) , Huntington Beach Main Street Section;
thence cUong the South-easterly ( SE) line- of Sixth Street
to the most Northerly (N) corner of Block Five hundred
and Five ( 505) , Huntington Beach Main Street Section;
thence in a straight line along the North-easterly (NE)
boundary line of said Block Five hundred and Five ( 505)
Huntington Beach Main Street Section and its production
South-easterly (SE) to an intersection with 'the. center' .
line of Idain. St rest ; thence Southerly (S) along said
center line of Main Street to the point of intersection
of the Northerly line of Lot Te ._n (10) , . Block FoufhiIndred and Four �N)
404) , Huntington Beach Main Street
Section, produced Easterly (E) with said center line
of Main Street ; thence in a straight line to the point
of intersection of said Northerly (N) line of said Lot
Ten (10) , Block Four hundred and*Four (404) , Huntington.
Beach Main Street Section; produced V�Testerly (W) with
the center line of the Alley running through said Block
Four hundred and Four (404) ; thence following said
center lih�e of said Alley Southerly (S) and South-i,rester-
ly (SW) through. said Block Four hundred and Four (404)
and through Blocks Three hundred and Four (304) ,' Dvo
hundred and Four ( 204) and One hundred and Four (104) ,
Huntington Beach Tres_ to the most Easterly corner -of
Lot Six ( 6) , Block One hundred and Four (104) , Huntington
Beach Tract ;.thethe :gin a straight line to the most South-
erly (S) corner of said Lot Six ( o) , Block One hundred
and Four (104) , Huntington Beach Tract ; thence in a
straight line to the point of beginning; excepting
therefrom any portion of any street or alley which
is included within the above described district .
SECTION 2. Upon the passage of this Ordinance, the
Street Superintendant of the City of Huntington Beach shall cause
to be conspicuously posted along all Streets and parts of streets I
and public places, and rights of way .where any property is to be
taken for the widening of said Fifth Street, notices of the
passage of said ordinance, which said notices shall be posted so
that the 'same- areinatnzore than Three hundred (300) feet apart
and not less than Three (3 ) in a11, and said notices shall be
headed "Notices of Public Work", in letters not less than .One (1)
inch in length, shall be in legible characters and shall state the
fact and date of the passage of this/ordinance and describe the im-
provement proposed and Vefer to this
// ordinance of intention for a
description of the assessment district and for further particulars.
Said Street Superintendant shall also cause a notice similar in sub-
stance to be published by Two ( 2) insertions in the Huntington Beach
Nevis, a weekly ne,.Vspaper, published and circulated in the City of
Huntington Beach, ,,rhich newspaper is hereby designated by the City
.Council of the City of Huntington Beach for thaA purpose. Immediate-
ly upon the pub-lication of the notice above required, the City Clerk
shall mail, postage prepaid to each property owner in the assessment
district, at his last known address , as the same appears on the tax
rolls in the City of Huntington Beach, or ,4rhen no address so appears,
to the General Delivery, . a Postal Card, containing a notice which
shall be in the following or substantially the following^, to-wit:
"You are hereby notified that 'on the llth day of July, 1921 , the
legislative body of the City of Huntington Beach, California, by
virtue of The Street Opening Act of 1903, passed an ordinance of
intention No. 222, for the opening and widening of Fifth Street be-
tween Ocean Avenue and Main Street. Written. protests may be filed
with the City Clerk within 30 days afterthe 22nd day of July, 1921.
Your property is in the district to be assessed for, this improvement.
-3- City Clerk"
If any lots or parcels of land in the assessment district
be assessed 'to 49m "unknown owners" on the tax-rolls of said City,
no postal cards shall be Failed to the owners thereof, but the not-
ice of public work by the publication as herein provided shall be
deemed legal notice to such owners of such contemplated improvement.
The City Clerk shall ir:i-nediately upon the completion of the mailing
said postal cards, file or cause to be filed in the office of the
Superintendent of Streets, an affidavit stating the time and runner
of compliance within this requirement, but the names of the persons
to whom said postal cards were addressed need not be set forth in
said affidavit. The failure of the Citv Clerk to address said post-
al cards or any part thereof to the proper o;,rners of said property
or to mail said cards, or the failure of said property owners to
rece:.ve the same shall not affect the validity of the proceedings or
prevent the legislative body from acquiring jurisdiction to order
the vrork; provided, that the legislative body shall not pass any
ordinance ordering the i-tiprovement until such affidavit is made and
filed as herein prescribed.
.Any person interested, objecting to said improvement,
or to the extent of the assessment district, described herein, may
file a, written protest -.raith the Clerk of the City Council, within
Thirty days after the first publication of said notice provided for
herein. Every such protest must -contain a description of the prop-
erty in tihich each signer thereof is interested, sufficient to iden-
tify the same, and roust set forth the nature of his interest therein,
and must be accompanied by the affidavit of one of the signers thereof
that each signature thereof is the genuine signature of the person
whose name is thereto subscribed, and in case any signature is made
by an agent, there must be attached to the protest the affidavit of
the agent that he is duly authorized to sign such protest. Any pro-
test not complying with the foregoining requirements, shall not be
considered by the City Council. In the case-'of property held by ten-
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ancy in common, if any cotenant sign such protest, only the pro-
portionate share of the frontage thereof represented by his inter-
est therein, shall be counted in determining the amount of frontage
represented by such protest.. The Clerk shall indorse on every such
protest the date of its reception by him and,. at the next regular
meeting of the City Council, after the expiration of the time for
filing protests, he shall present to said City Council all protests
so filed with hilt. If such protests are. against said improvement,
and said. City Council finds that the same are signed by the owners
of a majority of the frontage of the property fronting on streets
or parts of streets •�,Tithin said assessment district, all further
proceedings under sia ordinance of intention, excepting in the
cases hereinafter otherwise provided, shall be barred, and no new
ordinance of intention for the sage improvement shall be passed
within six months after the presentation of such protest to the city
council, unless the owners of a majority of the property fronting
onstreets of parts of streets within said assessment district shall
in thekeantime petition therefor. If such protests are against the
.improvement, and the council finds that they are not signed by the
owners of a majority of the frontage of the property fronting on
said streets or parts of streets within said assessment district,
or if such protests are only against the extent of said assessment
district, the city council shall thereupon fix a time for hearing
said protests, not less than ten days after the meeting of the
council at which such time is so fixed, and shall cause notice of
the time of such hearing to be published for at least five days in
a daily newspaper, published and circulated in said city, or if
there b.e no such daily newspaper, by at least two insertions in a
weekly newspaper so published and circulated, the city coundil shall
hear said protests at the time appointed, or at any time to which
the hearing thereof m2Zr be adjourned, and pass upon the sa_ie, and its
decision thereon shall be final and, conclusive. If art , such protests
r '
are sustained, no further proceedings shall be had under this or-
dinance of intention, but a new ordinance of intention for the same
improvement may be passed at any time. If the protests are deniedt
the proceedings shall continue as if such protests had not been rude.
At the expiration of the time within which protests kay be filed, if
none are filed, or if protests are filed, :nd after hearing$ are de-
nied, as above provided, then upon such denial, the City Council
shall acquire jurisdiction to order the improvement described in tha
ordinance of intention.
SECTION •-3. The City Clerk shall certify to the passage
Of this ordinance and cause the s :me to be printed and published
by one insertion in the Huntington Beach News, a weekly newspaper
published, printed and circulated in said City and -, there-
it shall take effect and be in force
ATTEST : - - ----
Pre ent ofthe Board o Trustees
City Clerk an -officio'. Clerk
of the B of Trustees, of the
City of Huntington Beach.
STATE OF CALIFO.R',\?I A,' )
County of Orange`, ) ss.
City of Hunt ingt-on Beach. )
I, Chas. R, yuti;., City Clerk and Ex-officio Clerk of the
Beard of Trustees of the City of H=nntingrton Beach, do hereby certify
that the foregoing Ordinance No. 222 was introduced and read on the
5th day of July, . 1921, and was passed and adopted at an evening
regular meeting of the said Board of Trustees, held 'on the llth day
of July, 1921, by thefollowing vote :
AYES: Obarr, Onson, Andrews, Drew, . 'lHanning.
NOES : None.
ABSENT : None.
City Clerk mid _;w icio Clerk of
the Board rustees of the City of
H ingt on Beach, California.
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