HomeMy WebLinkAboutOrdinance #330 i I
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ORDINANCE - N0: 330
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An Ordinance of the City of Huntington Beach, a municipal corporation
of the Sixth Class, incorporated under the Laws of the State of California,
ordering the submission to the qualified voters of said City, the proposi
tion-of incurring a bonded debt of said City for the purpose of the acqui-
sition, construction and completion by and in said City of municipal imp
rprovements, providing for the issuing of bonds therefor, the rate of in-
terest 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 to be held,
the manner of holding such election, the polling place of such election,
and the officers thereof, and providing that in all particulars not re-
cited in this Ordinance, such election shall be held as provided by law
for holding municipal elections in the City of Huntington Beach, California.
WHEREAS, on the 16th day of December, 1929, at a regular adjourned
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meeting of the Legislative Body of the City of Huntington Beach, California,
to-grit: the City Council of said City, by a vote of more than two-thirds i
of all the members of the said City Council, there was passed and adopted
Resolution No. 623 of said City Council, which said Resolution is in words
and figures as follows, to-wit:
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"RESOLUTION NO. 623 ,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH, DETERMINING AND DECLAR-
ING THAT THE PUBLIC INTEREST AND NECESSITY j
DEMANDS THE ACQUISITION, CONSTRUCTION AND COM-
PLETION WITHIN THE CITY OF HUNTINGTON BEACH,
3 CALIFORNIA, OF CERTAIN MUNICIPAL IMPROVEMENTS.-
"BE IT RESOLVED by the City Council of the City of Huntington Beach,
California,, as follows:
"SECTION 1. That it is hereby determined by the City Council of the +
f said City of Huntington Beach,, California, that the public interest and
necessity demands the acquisition, construction and completion in the City
- of Huntington Beach, California, of the following municipal improvements
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and each of them, to-wit:
�� (a) RECONSTRUCTION OF WHARF: The acquisition, construction and
completion of a municipal wharf, together with such equipment and appur-
tenances as may be necessary or convenient to the use thereof; said
wharf to be so constructed and completed^to include such portions as may
be suitable therefor of the present wharf now extending into the Pacific
ocean from the termination of Main Street in said City at the coast line
of said ocean. {
111(b) EXTENSION OF WHARF: The acquisition, construction and comple-
tion of a municipal wharf, together with such equipment and appurtenances
as may be necessary or convenient to the use thereof; said wharf to ex-
tend into the Pacific ocean a distance of five hundred (500) feet from
the outer end of the municipal wharf now extending into the Pacific ocean
from the termination of Main Street in said City at the coast line of
said ocean.
"SECTION 2. . That it is hereby determined that the said municipal im-
provements and each of them are necessary and convenient to carry out the
objects, purposes and powers of said City of Huntington Beach.
"SECTION 3. That it is determined that the cost of_ said municipal
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improvements and each of them is and will be too great to be paid out ; of.
the ordinary annual income and revenue of the said City of Huntington
Beach, and that the estimated cost of the said improvement described in
subdividion (a) of Section 1 of this resolution is Sixty Thousand Dollars
($60,000.00) ; and that -the estimated cost of said improvement described
in subdivision (b) of Section 1 of this resolution is Sixty-two Thousand
Dollars ($62,000.00) ; 'and that it is and will be necessary for the City
of Huntington Beach, California, to incur a bonded debt for the purpose
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of the acquisition, construction and completion of said municipal improve-
ments and each or either of them,
"SECTION 4. That the City Clerk shall attest this resolution and
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shall certify to the passage and adoption thereof and the vote thereon;
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and shall cause the same together with his said certificate to be entered
in the Book of Resolutions of said City, and shall make a minute entry of _
the passage and adoption thereof in the minutes of the meeting at which
the same is passed and adopted.
11PASSED AND ADOPTED by the City Council of the City of Huntington
Beach, California, by a vote of more than two-thirds of all its members
at a regular adjourned meeting of said City Council held on the 16th day
of December, 1929.
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S. R. BOWEN
Mayor of the City of Huntington Beach
"ATTEST:
C. R. FURR
City Clerk and Ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
" STATE OF CALIFORNIA )
COUNTY OF ORANGE ( ss
CITY OF HUNTINGTON BEACH) '
III, C.R. FURR, the duly elected, qualified and acting City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council
of said City, do hereby certify that the whole number of members of the
City Council of the City of Huntington Beach is five (5) , that the fore-
going Resolution was passed and adopted by the affirmative vote of more
than two=thirds of all the members of said City Council at a regular ad-
journed meeting of said City Council held on the 16th day of December,
1929, by the following vote, to-wit: '
! "AYES TRUSTEES BUTCHER, CONRAD, MITCHELL; HARRIS, BOWEN
"NOES TRUSTEES None
"ABSENT : :TRUSTEES None
C. R. FURR
City Clerk and Ex-officio Clerk
of the City Council of the City
of Huntington Beach, California"
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AND WHEREAS, it was determined by said City Council by a vote of
more than two-thirds of all its members that the cost of said municipal
improvements and each of them is and will be too great to be paid out of
the ordinary annual income and revenue of said City of Huntington Beach,
end that the estimated cost of said improvement described as the acquisi-
tion, construction and completion of a municipal wharf, together with such
equipment and appurtenances. as may be necessary or convenient to the use
thereof; said wharf to be so constructed and completedhto include such
portions as may be suitable therefor of the present wharf now extending
into the Pacific ocean from the termination of Main Street in said City
at the coast line of said ocean is Sixty Thousand Dollars ($60,000.00) ;
and that the estimated cost of said improvement described as the acquisi-
tion, construction and completion of A municipal wharf, together with such
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equipment and appurtenances as may be necessary or convenient to the use
thereof; said wharf to extend into the Pacific ocean a distance of five
hundred (500) feet from the outer end of the municipal wharf now extending
into the Pacific ocean from the termination of Main Street in -said City at
the coast line of said ocean is Sixty-two Thousand Dollars ($621000.00) ;
NOW THEREFORE, at this, .a subsequent meeting of the said City Council
of said City, to the meeting at which said Resolution No. 623 of said
City Council was passed and adopted, and at which it was so determined
that said municipal improvements and each of them were necessary and con-
vehient and that the public interest and necessity demanded the acquisi-
tion, construction and completion thereof, and that the cost of each of
them was too great to be paid out of the ordinary annual income and rev--;
enue of said City; I
The City Council of the City of Huntington Beach do ordain as follows:
SECTION 1. That a special election be held in the City of Huntington
` Beach, California, for .the object and purpose of submitting to the quali-
fied voters and electors of said City of Huntington Beach the proposition
of incurring a bonded debt by said City for the objects and purposes set
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forth in said Resolution No. 623 of the City Council of said City and
hereinabove set forth.
SECTION 2. That the object and purpose for which said bonded debt
is proposed to be incurred is the acquisition, construction and comple-
tion of municipal improvements, towit: *
(a) RECONSTRUCTION OF WHARF: - The acquisition, construction and
completion of a municipal wharf, together with such equipment and appur-
tenances as may be necessary or convenient to the use thereof; said
wharf to be so constructed and completed to include such portions as may
be suitable therefor of the present wharf now extending into the Pacific
ocean from the termination of fain Street in said City at the coast line
of said ocean.
(b) EXTENSION OF WHARF: The acquisition, construction :� and com-
pletion of a municipal wharf, together with such equipment and appurte-.
nances as may be necessary or convenient to the use thereof; said wharf j
to extend into the Pacific ocean a distance of five hundred (500) feet i
from the outer end of the municipal wharf now extending into the Pacific
ocean from the termination of Main- Street in said City at the coast line
of said ocean.
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SECTION 3. that the words "reconstruction of wharf" as and whenever
used in this Ordinance shall mean and be construed to mean the public
improvement mentioned in subdivision (a) of Section 2 of this Ordinance;
and the words "extension of wharf" as and whenever used in this Ordinance
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shall mean and be construed to mean the public improvement mentioned in
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subdivision (b) of Section 2 of this Ordinance.
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SECTION 4. That the estimated cost of said public improvement de-
scribed as "reconstruction of wharf" is Sixty Thousand Dollars ($60,000.00) ;
and the estimated cost of said public improvement described as "extension
of wharf" is Sixty-two Thousand Dollars ($62,000.00) .
SECTION 5. That the amount of the principal of the indebtedness to
be incurred by said City for the acquisition, construction and completion
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therein of said public improvement, . to-wit; (a) RECONSTRUCTION OF WHARF,
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is Sixty Thousand Dollars ($60,000.00) ; and the amount of the principal f
of the indebtedness to be incurred by said City for the acquisition, con-
struction and completion therein of said public improvement, to-wit: (b)
EXTENSION OF WHARF, is Sixty-two Thousand Dollars ($62,000.00) .
SECTION 6. That the maximum rate of interest .to be paid on such f
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indebtedness is six per cent. (6%) per annum and -said interest shall be
paid semi-annually.
SECTION 7. That the estimated cost of said proposed improvements
and the indebtedness which it is proposed to incur therefor, together with
all existing indebtedness of said City does not exceed fifteen per cent.
(15%) of the assessed value of all the real and personal property of said
City of Huntington Beach.
SECTION 8. . That the cost of the acquisition, construction and comple-
tion by the said City of Huntington Beach of said municipal improvements
and each. of them is and will be too great to be paid out of the ordinary
annual income and revenue of said City, lthat such cost,
in -addition to oth-
er expenditures of said City)will exceed income and revenue provided for '
in. any one- year; that the acquisition, construction and completion by said
City of Huntington Beach of said municipal improvements and each of them is !
Cnecessary and convenient to carry out the objects and purposes of the munic�
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ipality of the City of Huntington Beach, andthat the cost of the acquisi-
tion., construction and completion of- 'said municipal improvements and each
of them requires an expenditure -greater than the amount allowed for such
improvements by the annual tax levy.
SECTION 9,. That an election is hereby called and ordered to be
held at and within the City of Huntington Beach, California, on the lath �
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day of February, 1930, which day is hereby fixed as the date on which !
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such election will be held; that the said election shall be a special
election- and shall be held separately from all other elections, .and at I
such special election there shall be submitted to the qualified voters i
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of said City of Huntington Beach, the proposition of said City incurring
a bonded debt and of issuing bonds of said City for the purpose and ob-
ject of the acquisition, construction and completion by said City of
municipal improvements, to-wit: (a) reconstruction of wharf at a cost
of Sixty Thousand Dollars ($60,000.00.: and (b) extension of wharf at
a cost of Sixty-two *Thousand Dollars -($62,000.00) .
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SECTION 10. That the manner of holding such special election on
said day and the voting for or against incurring such bonded debt shall
be as follows:
The proposition of incurring a bonded debt of said. City, and
issuing bonds of the ' said City therefor for the acquisition, .construct-
Fion and completion by said City of said municipal improvements shall be
submitted to the qualified voters of the .said City of Huntington Beach
by printed ballot and the ballots used at such election, except as other-
wise provided for in this Ordinance shall be prepared, printed, furnished j
and distributed -as provided b law for p y preparing, printing, furnishing
and distributing ballots at municipal elections in the City of Huntington
Beach.
Each ballot shall be printed in substantially the following
form:
No. bark crosses (X) on Ballot only--with rubber
stamp never with pen or pencil.
MUNICIPAL TICKET
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` Instructions to voters.
To vote on any question or proposition, stamp a cross (X) in
the voting square after the word "YES" or after the word 11NO11 . 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
Y the Inspector of election and obtain another.
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PROPOSITION NO. 1
Shall the City of Huntington Beach, California,
incur a bonded debt in the sum of Sixty Thousand
Dollars (w60,000.00) for the object and purpose of
the acquisition, construction and completion of a YES
certain municipal improvement, to-wit:
RECONSTRUCTION OF WHARF: The acquisition,
construction and completion of a municipal wharf,
together with such equipment and appurtenances as
may be necessary or convenient to the use thereof;'
` said wharf to be so constructed and completed a&-U0
include such portions as may be suitable therefor NO
of the present wharf now extending into the Pacific
ocean from the termination of Main Street in said
City at the coast line of said ocean.
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PROPOSITION NO. 2
Shall the City of Huntington Beach, California, ~�
incur a bonded debt in the sum of Sixty-two Thous-
and Dollars (062,000.00) for the object and purpose
of the acquisition, construction and completion of YES
a certain municipal improvement, to-wit:
EXTENSION OF WHARF: The acquisition, construct-
ion and completion of a municipal wharf, together
with such equipment and appurtenances as may be nee- .- :
essary- or convenient to the use thereof; said wharf .
to extend into the Pacific ocean a distance of five
hundred (500) feet from the outer end of the munici- NO
pal wharf now extending into the Pacific ocean from '
the termination of Main Street in said City at the 1
coast line of said ocean. I
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r.; SECTION 11. That for the holding of said election said City of Hunt-
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ington Beach is hereby divided into three (3) Consolidated Election Pre-
cincts, which said precincts shall be known as "Huntington Beach Consol-
idated Election Precinct No. A« and "Huntington Beach Consolidated
Election Precinct No. B" and ItHuntington Beach Consolidated Election
! Precinct No. C. 11
Said Huntington Beach Consolidated Election Precinct No. A shall .em-
brace the same territory as and have thesame 'exterior boundaries as, and
shall include all territory within Huntington Beach General Election Pre-
cincts Nos . 1, 2 and 3. That said Huntington Beach Consolidated Election
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Precinct No.B shall embrace the same territory as, and havethe same exter-
ior boundaries as, and shall include all-: territory within Huntington Beach
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General Election Precincts Nos-: 7 and 8. That said Huntington Beach
Consolidated Election Precinct No. e shall embrace the same territory as,
and have the same exterior boundaries as, and shall include all terri-
tory in Huntington Beach General Election Precincts Nos. 4, 5 and 6.
That said General Election . Precincts are the precincts last estab-
lished and designated by the Board of Supervisors of the County of Orange, .
State of California, for the holding of general State or County elections, �f
and that none of said Consolidated Election Precincts embraces more than l
three of the said General Election .Precincts.
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That the polling place of said Huntington Beach Consolidated Election I
Precinct No. A shall be at the City Auditorium of the said City, on Fifth
Street next to the City Hall in said City of Huntington Beach, California.
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That the polling place of said Huntington Beach Consolidated Election
Precinct No. B shall be at Maggie Hallicy' s store, at the southeast corner
of Frankfort Street and-Alabama Avenue, in said City of Huntington Beach,
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California.
That the polling place of said Huntington Beach Consolidated Election
Precinct No. C shall be at the Grammar School, corner of Fifteenth Street
and Palm Avenue, in said city of Huntington Beach, California. I
That the following named persons, each of whom is actually a res-
ident of and a registered and qualified elector of one of the precincts i
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i of which Huntington Beach Consolidated Election Precinct No. A is com-
posed are hereby appointed as a Board of Election to hold, conduct and
make returns of said Election; said Board of Election to
consist of one Inspector, one Judge and two Clerks, each of which persons
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shall receive as compensation for his services as an election officer '
the sum of $10.00 lawful money of the United States.
j rrh-UNTINGTON BEACH CONSOLIDATED ELECTION PRECINCT NO. All
r POLLING PLACE CITY AUDITORIUM
Inspector, Myrtle .E,'Herlinger
Judge, Margaret Stevens
Clerk, Helen L Darst
Clerk, Della Bergey
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That the following named persons, each of whom is actually a resi-
dent of and a registered and qualified elector of one of the precincts
of which Huntington Beach Consolidated Election Precinct No. B is com-
posed are hereby appointed as a Board of Election to hold, conduct and
make returns of said d Election; said Board of Election to
f consist of one Inspector, one Judge . and two Clerks, -each .of which per—
sons shall receive as compensation for hi_s services . as an election of-
ficer the sum of $10.00 lawful money of the United States.
f1HUNTINGTON BEACH CONSOLIDATED ELECTION PRECINCT NO. BIT
POLLING PLACE MAGGIE HALLICY' S STORE
Inspector , Anna M Flaws
Judge , Zula Creamer
Clerk , Eunice M,George
Clerk , Stella R White
That the following named persons, each of whom is actually a resi-
dent of and a registered and qualified elector of one of the precincts
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of' ;;vhich Huntington Beach Consolidated *Election Precinct No. C is com-
posed are hereby appointed as a Board of Election to hold, conduct and
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make returns of said Election; said Board of Election to
consist of one Inspector, one Judge and two Clerks, each of which per-
sons shall receive as compensation for his services as an election of-
ficer they sum- of $u 0.00 lawful money of the United States.
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11HUNTINGTON BEACH CONSOLIDATED ELECTION PRECINCT No. CII
POLLING PLACE GRAMMAR SCHOOL
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Inspector, Gertrude Catching
Judge , Jessie C.Stump
Clerk ' Ada V.King
Clerk _ . Charlotte King
\ That if any of said members of said Boards of Election are not quali-
fied to act or fail to appear at the opening of the polls on the morning
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such
of the day set for such election, the electors of,,Consolidat.ed. Precinct
present at the time, shall appoint in her or his place one who is qual-
ified who will take the required oath of office as provided by, the general
Laws of the State of California. I
SECTION 12. The Polls at the polling places hereinbefore designated
for said election shall be opened at six o'clock in the morning of the
day of the election and' shall be kept continuously open until seven o' clock
in the afternoon of the same day, when the polls shall be closed, and that
fact shall be proclaimed aloud at such place of election and after such
proclamation no ballots shall be received; provided, however, that if at
j the hour of closing there are any voters in the polling place., -or in 'line
at the door, who are qualified to vote and who have not been able to do
so since appearing at said polling place, the polls shall be kept open a
sufficient time to enable them to vote; but no one, who shall arrive at
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the polling place after seven otclock in the afternoon, shall be entitled
to vote, although the polls may be open when he arrives. '
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SECTION 13. In all particulars not recited in this Ordinance, said
special election shall be held and conducted as provided by law for hold-
ing Municipal Elections in the City of Huntington Beach.
SECTION 14. .Any qualified voter may at said special election, vote �
in favor of the proposition submitted, by stamping a cross (X) on his or
her ballot in the voting square at the right of the word t1YES11 following
the proposition -voted upon; and any qualified voter may vote against the
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proposition submitted by stamping a cross (X) on his or her ballot in the
voting square at the right of the word ttNOtt following the proposition
voted upon.
SECTION 15. If any voter at said special election shall have stamped
a cross (X) on his or her ballot in the voting square at the right of the
word ttYEStt following the proposition voted upon, his or her ballot shall
be counted in favor of incurring the bonded debt mentioned in said proposi-
tion; and if any voter at said special election shall have stamped a cross
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(X) on his or her ballot in the voting square at the right of the word
TINOft following the proposition voted upon, his or her ballot shall be
counted against incurring the bonded debt mentioned in said proposition.
SECTION _16.-- The City Clerk is hereby directed to procure all sup-
plies -that-- may be necessary to. properly and lawfully conduct said special
election.
That when the polls are closed the returns of said election shall
forthwith be made to the City Council of said City and signed by the of-
ficers of election and shall be by them deposited with the City Clerk, to-
gether with the ballots cast at said election and .the City Council of said
City shall meet and canvass said returns in the council chamber at the
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.City Hall of said City, being the regular meeting place of said City
Council, on the 24th day of February, .1930, at the- hour of seven-thirty
otclock P.M. of said day, and if upon such canvass it shall be found that
at least two-thirds of the qualified voters of the said City of Huntington
Beach voting on either proposition number 1 or proposition number 2 voted
in favor of- said proposition, then bonds of the City of Huntington Beach,
California, shall be issued by said City in the amount mentioned in the
for which at least two-thirds of the qualified voters of the
proposition
said City of Huntington Beach voting on said proposition at said special
election voted favorably, which said bonds shall be issued for the pur-
pose of the acquisition, construction and completion of the municipal
improvement favorably voted upon; said bonds shall not be sold for less
than the par value and the proceeds from the sale of such bonds shall be
placed in the treasury of the City of Huntington Beach to the credit of
Special Funds and shall be applied exclusively to the purposes and objects
mentioned in this Ordinance and for which- the same was favorably voted.,
cast
The voteskfor and against each proposition shall be counted sep-
arately, and when two-thirds of the qualified electors voting on any one
such proposition vote in favor thereof such proposition shall be deemed
adopted and bonds shall be issued as above provided.
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SECTION 17. That for the purpose of paying the principal and in-
terest of said bonds the City Council of said City shall, at the time of
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fixing the general tax levy, and in the manner for such general tax levy
provided, levy and collect annually each.-year until uch bonds are paid,
or until)there, be a sum in the. treasury of said City set apart for that
purpose to meet all sums coming due for principal and interest on said
bonds, a tax sufficient to pay the annual interest on said bonds and also
such part of- the principal thereof as shall become due before the time
for fixing the next general tax levy; provided, however, that if the
maturity of the indebtedness created by the issuance of said bonds be
made to begin more than one year after the date of the issuance of said
bonds, such tax shall be levied and collected at the time and in the man-
nor aforesaid, annually each year, sufficient to pay the interest on such
indebtedness as it falls due and also to constitute a sinking fund for
the payment of the principal thereof on or before maturity. . That such
taxes shall' be in addition to all other taxes levied for municipal pur
poses and shall be collected at the time and in the same manner as other
municipal taxes are collected and shall be used for no other purpose than
the payment of said bonds and accruing interest.
SECTION 18. The City Clerk shall certify to the passage and adoption
of this Ordinance by more than two-thirds vote of all the members of the
City Council of said City of Huntington Beach.
SECTION 19. There being no newspaper published in said City of Hunt-
ington Beach at least six days a week, therefore this Ordinance shall be i
published once a week for two weeks by one, insertion each week for two
successive weeks in the Huntington Beach News, a weekly newspaper of gen-
\\ oral circulation, printed and published in said City of Huntington Beach,
California.
SECTION 20. No other notice of said election than the publication
ordered in Section 19 of this Ordinance shall be deemed necessary and
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said publication of this Ordinance shall be sufficient for all purposes.
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PASSED AND ADOPTED by the City Council of VIZ City of Huntington
Beach, Orange County, California, this 1.3t 1930.
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Mayor of the City of
Huntington Beach, California
City Clerk and Ex-officio Clerk
of the City Council of the City
l of Huntington Beach, California
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STATE 'OF `CALIFORNIA )
COUNTY OF ORANGE ( ss
i CITY OF HUNTINGTON BEACH)
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I, C.R.. FURR, City Clerk and ex-officio Clerk of the City Council of
the City of Huntington Beach, do hereby certify that the foregoing Ordin-
ance No. 330 was introduced and read ,to the City Council of the said
City at its regular meeting held on the :=.6th day of
.� g --- ---- g Y J&ataar3t-�,,
adjourned
193.0, . and was again read to said City Council at its regular/meeting on
the 1 thday of January , 19L0 , and was at said meeting passed and
adopted by the following vote:
AYES TRUSTEES Butcher, Mitchell,Harris, Bowen
NOES TRUSTEES None -
ABSENT . TRUSTEES Conrad
City Clerk and Ex-officio Clerk
of the CityCouncil of the City
of Huntington Beach, California
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