HomeMy WebLinkAboutOrdinance #257 yJ �
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` ORDINANCE Y 0.-//
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An Ordinance of the City of Huntington Beach; a munici-
3 pal corporation of the Sixth Class, incorporated under the Lags
of the State of California, ordering the submission to the quali-
4 f ied voters of said City, the proposition of incurring a bonded
debt of said City W the purpose of the acquisition, construction
5 and completion by and in said City of municipal improvements,
providing for the issuing of bonds therefor , the rate of interest
6 thereon and the levy of a tax for the payment of said bonds and
the interest thereon; fixing the date on which such election is
7 to be held, the manner of holding such election, the polling place
of such election and the officers thereof, and providing that in
8 all particulars not recited in this Ordinance, such election
shall be held as provided by law for holdng municipal elections
9 in the City of Huntington Beach, California.
10 WHEREAS, on the 8th day of January, 1923 , at a regular
meeting of the Legislatibe Body of the City of Huntington Beach,
11 California, toswit : The Board of Trustees of said City, by a
vote of more than two-thirds of all the members of the said Board
12 of Trustees, there was passed and adopted Resolution No. 388 of
said Board of Trustees, which said Resolution is in words and
13 figures as follows, to writ : `
14 RESOLUTION YO— 388. �I
15 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY
OF HUNT I NGTON BEACH, CALIFORNIA DETERMINING A-14JD
16 DECLARING THAT THE PUBLIC INTEREST AND NECESSITY
DEMANDS THE ACQUISITION, CONSTRUCTION AND COMPLE-
17 `_"ION BY SAID CITY OF CERTAIN EUNICIPAL IP.PROVE1,11E TS.
18 BE IT RESOLVED by the Board of Trustees of the City of
Huntington Beach, California, as follows :
19
Section 1. .That it is hereby determined by the Board of
20 Trustees of the said City of Huntington Beach, California that
the public interest and necessity demands the acquisition, con-
21 struct4on and completion in the City of Huntington Beach, Cali-
fornia, of the following municipal improUlemen.ts , to,rit :
22
(1) The acquisition, construction, and completion of
23 y-ex aIr street work, consisting of the improvement of the -Win
and connected thoroughfares , into and from said city and, more
24 particularly described as the lighting of Ocean Avenue and the I
paving and improvement of Ocean Avenue, a portion of `seventeenth
25 Street, and a portion of Delaware Avenue in the said City of
Huntington Beach, California.
26
Section 2. That it is hereby determined that the said
27 municipal improvement is necessary and convenient to carry out
28 the object, purpose and powers of said City of Huntington Beach.
29 Section 3. ! That it is hereby determined that the cost
of said municipal improvement described as follows, to,wit :
The. acquisition, construction, and completion of certain street
30 work, consisting of the improvement of the main and connected
thoroughfares into and from said city and more particularly de-
scribed as the lighting of Ocean Avenue and the paving and im-
32 provement of Ocean Avenue, a portion of Seventeenth Street and
a portion of Delaware Avenue in the said City of Huntington Beach,
Blodget & Blodget California, is and will be too great to be paid. out of the or-
Attorneys-at-Law
Huntington Beach,
California
1 d inary annual income and rev&nue of the said City of Huntington
2 Reach and that the estimated cost of said janprovement is Three
Hundred `thousand .Dollars (0300, 000. 00) and that it is and will
be necessary for the City of Huntington Beach, California, to
3 incur a bonded debt for the purpose of the acquisition, con-
4 struction, and completion of said municipal improvement .
5 Section 4. That the City Clerk shall attest this reso-
lution and shall certify to_ the passage and adoption thereof
6 and the vote thereon; and shall c aLise uac� Game together with his
said certificate to be entered in the Book of Resolutions of
7 said City, and shall make a minute of the pa2Rak,e �,�a �.aoption
thereof in the minutes of the. meeting at w-llich the same is
8 passed and adopted.
9 PASSED AND ADOPTED by the Board of Trustees of the Cit3a
of Huntington Beach, California, by a vote of more than two-third
10 of all its members at a regular meeting of said Board held on
the 8th day of January, 1923.
..:• 11
Richard Drew
12i President of the Board of Trustees
of the City of Huntington Beach,
13 California.
ATTEST:
14 W. R. Wright
15 City Clerk and ex-of. icio Clerk of 1
The Board of Trustees of the City
16 of Huntington Beach, California.
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18 STATE OF CALIFORNIA, )
COUNTY OF OR_ ITGE, s s.
19 CITY OF IaUNTI JGTON BEACH.
20 I, W. R. t%Tright , the duly mil, qualified and acting
City Clerk of the City of Huntington Beach, and ex-off is io Clerk
21 of the Board of Trustees of said City, do hereby certify that the
whole number of members of the said Board of Trustees of the City
22 of Huntington Beach is five (5) , that the foregoing Resolution
was passed and adopted by vdte of more than two-thirds of all the
23 members of the said Board of Trustees of said City of Huntington
Beach at a regular meeting of said Board, held on the 8th day of
24 January, 1923, by the following vote :
25 Ayes, Trustees : Onson, Obarr, Andrews, D-revr,.
Noes, Trustees : none_
26 Absent, Trustees Macklin. _
27 W. R. Wright . _
City Clerk and Ex-officio Clerk
28 of the Board of Trustees of the Ci
City of Huntington Beach, Cal i-
29 f ornia.
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30
Y-ND VTHM;EAS, it was determined by said Board of Trustees
31 by a vote of more than tiro-thirds (2/3 ) of all its members thht
tale cost of said municipal improvements-is and will be too great
32 to be paid out of the ordinary annual income and revenue of
Blodget & Blodset said. City of Huntington Beach and that the estimated cost of
Attorneys-at-Law said improvement described as ; The acquisition, construction
Huntington Beach,
California
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1 and completion of certain street work, consisting of the impro-
vement of the main and connected thoroughfares, into and from
2 said city and more pa t,icularly described as the lighting of
3 Ocean Avenue and the paving and improvement of Ocean Avenue, na:'.
p:o.rtion of Seventeenth Streef, and a portion of Delaware Avenue
4 in the said City of Huntington Beach, California, is Three
Hundred Thousand Dollars ($300, 000. 00) .
5 -NCW THEREFORE, at this, a subsequent meeting of the
said Board of Trustees of said City, to the meeting 'atiwhich
6 said Resolution Yo. 388 of said Board of. Trustees was passed
7 and adopted, and at which it was so determined that said Muni-
cipal Improvement was necessary and zonvenient and that the
8 public interest and necessity demanded the acquisition, con-
struction and completion thereof, and that the cost of it w.,41 &_
9 too great to be paid out of the ordinary annual income and re-
venue of said City:
10
The Board of Trustees of the City of Huntington Beach
11 do ordain as follows :
12 Section I. That a special election be held in the
City of Huntington Beach, California, .for the object and purpose
. N of submitting to the qualified voters and electors of said City
of Huntington Beach the proposition of incurring, a. bonded debt
14 by said City for the objects and purposes set forth in said
15IResolution No. 388 of the Board of Trustees of said City and
hereinafter set forth.
16 Section II• That the object and purpose for which
said bonded debt is proposed to be incurred is the acquisition,
17 construction and completion of municipal improvements, to wit :
The acquisition, construction, and completion of certain street
lg work, consisting, of the improvements of the gain and connected
thoroughfares, into and from said city and more particularly
19 described as the lighting of Ocean Avenue and the paving; and
improvement of Ocean Avenue, a portion of Seventeenth Street,
20 and arpovtiDnnbfcBela�are,�Av.enug anythVsaid_City of Huntington
Beach, California,
21
�e_c_+,a o-n III. That the words "street work" as and
22 whenever used in this Ordinance shall mean and be construed to
mean the public improvement mentioned in Section II of this
23 Ordinance.
24 Section IV. That the eztimated cost of said public
improvement, to wit : said street Mork is the sum of Three Hun-
25 dred Thousand ($300, 000. 00) Dollars.
26 Section V. That the amount of the principal of
the indebtedness to be incurred by said City for the acquisition,
27 construction and completion therein of said public improvement,,
to,wit : said street work, is Three Hundred Thousand Dollars
28 0300, 000. 00)
29 Section Vl. That the maximum rate of interest to
be paid on such indebtedness is Six per-cent ( 6%) per annum. and
30 said interest shall be paid seam-annually.
31 Section VII. That the estimated cost of said pro
posed improvement and the indebtedness which it is proposed to
32 incur therefor, together with all efisting indebtedness of said
Blodget & Blodget City does not exceed F teen per cent (15%) of the assessed
Attorneys-at-Law value of all the . real personal property of said City of Hunt-
Huntington Beach,
California ington Beach.
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112
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1 Section VIII. That the cost of the acquisition,
2 construction and completion by the said City of Huntington Beach
of said municipal improvement is and will be too great to be
3 paid out of the ordinary annual income and revenue of said City,
that such cost, in addition to other expenditures of said City
4 will exceed -the income and revenue provided for in any one year;
that the acquisition, construction and completion by said City
5 of Huntington Beach of said muni_c_i.nal__ improvement is necessary
and convenient to carry out the object and purposes of the mu-
6 nicipality of the City of Huntington :Beach, and that the cost
of the acquisition, construction and completion of said munici-
7 pal improvement requires an expenditure greater than the amount
allowed for such improvement by the annual tax levy.
8 Section IX. That an election is hereby called and
9 ordered to be held at and within . City of Huntington Beach,
California on the _day of
_,, 1923, which day
10 is hereby fixed at the date on -which .
hich such lection Will be held;
twat the said election shall be a speciallelection and shall be
11 held separately from all other elections, and at sudld special
election there shall be submitted to the qualified voters of
12 said City of Huntington Beach, the proposition of said City in-
curring a bonded debt and of issuing bonds of said City for the
13 Purpose and object of the acquisitionD1 construction and comple-
t. on by said City of a municipal improvement, to-wit : Certain
14 street trrork, in the sum of Three Hundred Thousand Dollars
($3 00, 000. 00)
15
Section X. That the manner of holding such special
16 eltection on said day and the voting for or against incurring
such bonded debt shall be as follolr7s : The proposition of incur-
17 ring a bonded debt of said City, and issuing bonds of the said
City therefor for the acquisition, construction and completion
18 by said City of said municipal improvement shall be submitted
to the qualified votery of the said City of Huntington Beach by
19 printed ballot and the ballots used at such election, except as
otheinuise provided for in this Ordinance shall be prepared, print
20 ed, furnished and distributed as provided by law for preparing
printing, furnishing and distributing ballots at municipal elec-
21 tions in the City of Huntington Beach,
22 Each ballot shall be printed in substantially the fol-
lowing form:
23
Ho. _ Marls crosses (X) on Ballot one with
24 rubber stamp never with pen or pencil.
25 MUNICIPAL TICKET
26 Instructions to voters.
27
To vote on any question or proposition, stamp a cross
(X) in the voting square after the word "YES" or after the word
28 "INTO". All marks except the cross (X) are forbidden.. All dis-
tinguishing marks or erasures are forbidden and make the Ballot
29 void.
If you wrongly staxiip, tear or deface this Ballot return
30 it to the Inspector of election and obtain another.
31 PROPOSITIOIT 1T0� I.
32 Shall the City of Huntington Beach, California, Yes
incur a bonded debt in the sum of $300, 000. 00 for the
Blodget & Blodget
Attorneys-at-Law object and purpose of the acquisition, construction
Huntington Beach, and completion of certain street trork, consisting of
California
—4—
1 the Amprovement of the main and connected thorough-
fares, into and from said city and more particularly
2 described as the lighting of Ocean Avenue and the No.
paving and improvement of Ocean Avenue, a portion
3 of Seventeenth Street, and a portion_ of Delaware Avenue
in the said Cites of_Huntington Bea,ch_California.
Section X.I. That for the holding of said election, said
5 City of Huntington Beach is hereby divided tnto two 'opecial
Election Precincts, which said Precincts shall be known as
6 "Huntington Beach Special Election Precinct No. l" and"Hunting-
ton Beach Special Elect-ion Precinct No. 211. Said Hunt ington
7 Beach Special Election Precinct No. 1 shall embrace the sa#2.
territory as and have the same exterior boundries as , and *6.lki
8 include all territory within Huntington Beach General Election
Precincts No. 1 and No. 2. That said Huntington Beach Specidl
9 Election Precinct No. 2 shall embraceathe sa territory as,
and -- have the same exterior boun �T'ies as and 5h&a�. include
10 the same territory as the Huntington Aeach�General Election Pre-
cincts No. 3 and No, 4. That said General lection. Precincts
ll are the precincts last established and designated by the Board
of Supervisors of the County of Orange, State of California,}
12 for the holding of general state elections, and that iiblthetd
13 of said Special Election Precincts embraces more than tvro of
the said general election precincts.
14 That the polling places of said Huntington Beach Speci- �
15 al Election Precinct No. 1 shall be the City Hall of the said
city, at No. 220 Fifth Street in said City of Huntington Beach,
16 California.
That the Polling place of said Huntington Beach Specia;
�. CLaVVt"Stv? ET
17 Election Precinct No. 2 shall be at the corner of � a,nd
ol^Avenue in said City of Huntington Beach, California,
18 That the following named persons, each of whom is actually
19 a resident of and a, registeVed and qualified elector of one of
th?e Precincts of which Huntington Beach Special Election Precin(at
20 Nt 1 is composed are hereby appointed as a Board of Electior, to
hold, conduct and make -returns of said Special Election; sUd
21 Board of Election to consist of one Inspector, two Judges and
three Clerks, each of which persons shall receive as compensa-
tion Lion for his services as an election officer the sum of $/ 00
lawful money of the United States
23
"HUi "I I1TGTON BEACH SPECIAL ELECTION PRECINCT NO, 1"
I
24
POLLING PLACE CITY HALL.
25 Inspector .
Judge R,.e� �- �.
26 Judge
Clerk
27 Clerk Wo_�2
Clerk
28
That the following named persons, each of whoa is aibtually
29 a resident of and a regX%istered and qualified elector of a•ne of
the Precincts of which Huntington Beach Special Election Pre-
.-cinct No. 2 is composed are hereby appointed as a Board of Elec -
tion to '_gold, conduct and make returns of said. Special Election;
31 said Board of Election to donsist of one Inspector, two Judges
and three Cldlks, each of which persons shall receive as com-
32 pensation for his services as an election officer the sum of
� . 00 lawful money of the United States,
Blodget & Blodget
Attorneys-at-Law
Huntington Beach,
California
1 It
HUIdTINGTON BEACH SPECIAL ELECTION PRECINCT TRIO. 2"
2 POLLING PLACE -
3 Inspector. ✓� .C�,M�oo-�R
Judge
4 Judge
Clerk
5 C 1 e rk $', �J•l-e a��,�
6 C 1 e rk�:el.eh�,� �C�.�•��
That if any of said members of said BoardQ of Election
7 are not qualified to act or fail to appear at the opening of the
polls on the morning of the day set for such election the .,elec -
8 tors of tuch Special Precinct present at the time, shall appoint
in her or his place one who is qualified who will take the re-
9 quired oath of office as provided by the general Laws of the
State of California.
10
Section XII. The Polls at the Polling places Terein-
11 loeFore designated for said elecV-ro--r, be opened at six
otclock in the morning of the day of the election and shall be
12 kept continuously open until seven otclock in the afternoon of
the same day, when the polls shall be closed, and that fact
13 t. shall be proclaimed aloud at such place of election and after
such proclamation no ballots shall be received; provided, how-
14 ever, that if at the hou6 of closing there are any voters in
the polling place, or in line at the door, who are qualified to
15 vote and who have not been able to do so since appearing at
said polling place, the polls shall be kept open a, sufficient
16 time to enable them to vote ; but no one, laho shall arrive at
the polling place after seven o1clock in the afternoon, shall
17 be entitled to vote, although the polls may be open when he
arrives.
18
Section XIII. In all particulars not recited in this
19 Ordinance, said special election shall be held and conducted as
provided by Law for holding Ldlunic ipal Elections in the City of
20 Huntington Beach.
21 Section XIV. Any qualified voter may at said special
election, vote in favor of the proposition submitted, by sta4np-
22 ing a cross (X) on his or her ballot in the voting square at the
23 right of the word "YES" following the proposition voted upon
and any qualified voter may vote against the proposit-ion sub-
24 pitted by stamping a cross (X) on his or her ballot in the vot-
ing square at the right of the word "NO" following 'the pr opo-
25 sition voted upon.
26 Section XV. , If any voter. at . said special election shall
have stamped a cross (X) on his or her ballot in the voting .
27 square � the right of the tivord "XES'" following the proposition
voted upon, his or her llot shall be counted in favor of in-
28 curring the bonded debt mentioned in said proposition; and if
any voter at said special election, shall have stamped a cross
29 (X) on his or her ballot in the voting square at the right of
the word "NO" following the proposition voted upon, his or her
30 ballot shall be counted against incurring the bonded debt men-
tioned in said proposition.
31
Section XVI. The City Clerk is hereby directed to pro-
32 care all supplies that may be necessary to pjooperly and lWv-
fully conduct said special election.
Blodget & Blodget
Attorneys-at-Law
Huntington Beach,
California
—6—
1 That when the polls are closed, 'the returns of said
election shall forthwith be made to the Board of Trustees of
2 said City and signed by the WSW of election and shall be
by them deposited with the City Clerk, together with the ballots
3 cast at said election and the Board of Trustees of said City
shall meet and canvass said returns in the council chamber at
4 the City Hall of said City, being the regular meeting place of
said Board of Trustees on the day of IS
5 1923, at the hour of seven thirty o r clock P. lI. of sal day,
and if upon such canvass, it shall be found that at least two
6 thirds of the qualified voters of the said City of Huntington
7 Beach, votAg' at said special election, voted in favor of said
proposition, then bonds of the City of Huntington Beach, Cali-
8 fornia, shall be issued by said City in the amount mentioned in
the proposition for which at least I-thirds of the qualified
9 voters of said City of Huntington Beach voting at said Special
Election voted favorably, which said bonds shall be issued for
10 the purpose of the acquisition, construction and completion of
the municipal improvement favorably voted upon; said bonds shall
11 not be sold for less than the par value and the proceeds fro4i
the sale of such bonds shall be placed in the treasury of the
12 City of Huntington Beach to the credit of Special Funds and shall
be applied exclusively to the purposes and objects mentioned in
I3 this Ordinance and for which the same was favorably voted.
14 Section XVII. That for the purpose of paying the prin-
cipal and inte5est of said bonds, the Board of Trustees of said
15 City shall, at the time of fixing the general tax levy, and in
the manner for such general tax levy provided, levy and collect
16 annually each year until such bonds are paid, or until there be
a sum in the treasury of said City set apart for that, purpose
17 to meet all sums coming; due for principal and interest on 'said
bonds, a tax sufficient to pay the annual interest on said bonds
18 and also such part of the principal thereof as shall become due �
before the time for fixing the next general tax levy; provided
19 however, that if the maturity of the indebtedness created by i
the issuance of said bonds be :Wade to begin more than one -year
20 after the date of the issuance of said bonds, such tax shall be
levied and collected at the time and in the manner aforesaid,
21 annually each year, sufficient to pay the interest on such in-
debtedness as it falls due and also to constitute a sinking fund
22 for the paypent of the principal thereof on or before rmatu-rity�
That such taxes shall be in addition to all other taxes levied
23 for municipal purposes and shall be collected at the time and
in the same runner as other municipal taxes are collected and
24 shall be used for no other purpose than the payment of said bonds
and accruing interest.
25
Section XVIII. The City Clerk shall certify to the pass-
26 age and adoption of this ordinance by more than two-thirds vote
of all the members of the Board of Trustees of said City of
27 Huntington Beach.
28 Section XIX. There being no newspaper published in said
City of Huntington Beach, at least six days a week, therefore,
29 this Ordinance shall be published once a week for three weeks
by one insertion each week for three successive weeks in the
30 Huntington Beach News, a weekly newspaper of general circulation,
printed and published in said City of Huntington Beach, California.
31
Section XX. No other notice of said election than the
32 publication- ordered in Section XIX of this Ordinance shall be
Blodget & Blodeet deemed necessary and said publication of this Ordinance shallbe
Attorneys-at-Law sufficient for all purposes,
Huntington Beach,
California
—7—
114
PASSED AITD ADOPTED by the Board of Trustees of the C 1 ty of
Hu 6tng ito- Beach, Orange County,y,
n 00-�/ 1923- California, this =`�-Z .day of
Te—�n-T�MTthe�:ff� a
4 e-7TTe:i Tt��— S 0 rustees 7
5 of the City of Huntington Beach
California.
6 ATTEST :
oo 0
7
10
8 City Clerk and Ex: 'iicio Clerk of
the Board of Trustees of the City of
9 Huntington Beach, California.
10 --------
11 STATE OF CALIFORNIA
COU.171Y OF ORYUTGE, SS6
12 CITY 01P HU17 ING 11.1 ON BEACH
13 I. Uft R. Wright, City Clerk and Ex-off icio Clerk of the
Board of Trustees of the City of Huntington Beach, do hereby
14 certify that the foregoing ordinance No. was intro-
duced and read to the Baard of Trustees of —s--id- City at its
15 regular meeting, held - on the � Iday of Jqnuary, 19-23 and
.. was again read to said B - d of Trustees at its regular meeting
t16 on the day of 1923, and was at said
17 meeting passed and adopted7lTy the following vote :
Ayes, Trustees :
18 i
Hoes, TrusteesE _
Absent, Trustees
20
21
22 City Clerk and E--i/-off icio Clerk of
the Board of Trustees of the City I
23 of Huntington Beach, California.
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Blodget & Blodget.
Attorneys-at-Law
Huntington Beach,
California