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HomeMy WebLinkAbout135 - Election Regarding Newport BayORDINANCE NO'. 135. sitinn and construction of a munici. It is hereby. determined that the -�• s pal improvement in the City of New- Hoard of Trustees of the City of NOW- AN ORDINANCE OF THE CITY OF port Beach, to -wit: the construction' port Beach propose to incur a bonded NEWPORT BEACH. A MUNICIPAL and improvement of a channel by debt to pay the cost of said municipal CORPORATION OF THE SIXTH widening, deepening. and straighten- improvement. to-wit: said channel. F CLASS. INCORPORATED UNDER ing the channel of Newport Hay In and to Issue and sell bonds of the THE LAWS OF THE STATE OF said City by dredging the same: the City of Newport Bow% to pay the CALIFORNIA. A CITY OF THIS said channel when widened. deepened cost of the acquisition and construc- STATE WHOSE CORPORATE and straightened to be approximately tion thereof. LIMITS INCLUDE A NAVIGABLE 125 ft. in width and 10 ft. In depth at Section 2. The objects and pur- _� BODY OF WATER. TO -WIT: A low water of the Pacific Ocean. and poses for which the Indebtedness Is PORTION OF NEWPORT BAY, A to extend from a point at or near proposed to be incurred Is to pay the ' NAVIGABLE ARM OF THE PA. Bulkhead Station No. 121. as said Sta- cost of the acquisition and construc- CIFIC OCEAN, ORDERING THE(i tion is located and appears upon the tion of said municipal Improvement SUBMISSION TO THE QUALIFIED map showing Harbor Lines of New- in the City of Newport Beach. to-wit: VOTERS OF THE CITY OF NEW- port Hay. approved by the War De• said channel. for the purposes of PORT BEACH THE PROP OSI- partment of the United States on the deepening. stra9ghtening and widen- TION OF INCURRING A DEBT' day of January. 1917. southeast. Ing the channel of Newport Hay. FOR THE PURPOSE OF THE AGE erly pursuing the waters of Newport which is necessary and convenient to QUISITION AND CONSTRUCTION Bay. and within the City of NewDorti the establishment, Improvement. con- IN THE CITY OF NEWPORT' Beach. to a point at or near Bulkhead duct. and malnjonance of a harbor by BEACH OF A MUNICIPAL IM_; Station No. 107. as said Station Is) the City of Newport Beach In New- . PROVEMENT. AS SET FORTH IN located and appears upon said map. port Hay, and for the furtherance of RESOLUTION NO. 82 OF SAIDI being the shore end of a jetty con• commerce and navigation. and the CITY. TO -WIT: structed at the entrance to Newport said municipal improvement being THE CONSTRUCTION AND IM-. Bay. necessary and convenient to carry out PROVEMENT OF A CHANNEL BY' The said municipal Improvement be- the objects. purposes and powers of WIDENING. DEEPENING AND, Ing necessary and convenient in or- the City of Newport Beach. STRAIGHTENING THE CHAN-• der to carry out the objects. purposes Section 3. The cost of the acgUi- _ NEL OF NEWPORT BAY IN SAID' and powers of the City of Newport sition and construction of said mu- CITY BY DREDGING THE SAME. -. Peach. the cost of which municipal nlcipal improvement. to-wit: said' THE SAID CHANNEL WHEN, Improvement will be too great to be channel. Is estimated to be $60.000.00. WIDENED. DEEPENED AND' paid out of the ordinary. annual in- and the amount of the principal of STRAIGHTENED TO BE AP -i come and revenue of the City of New - the Indebtedness to be IncurreA there -, !, PROXIMATELY 125 FT. IN WIDTH port Beach. for Is the sum of $50.000.00. which sums \f AND 10 FT. IN DEPTH AT LOW Now, therefore. at this. a subse-' is and will be too great to be paid out WATER OF THE PACIFIC OCEAN.' quent meeting of said Hoard of True-I of the ordinary, annual Income and AND TO EXTEND FROM A POINT I tees of the City of Newport Beach. revenue of the city of Newport Beach. AT OR NEAR BULKHEAD STA• after the passage. adoption and ap- Section 4. The rate of interest to TION NO. 121. AS SAID STATION: proval of said Resolution No. 82: be paid on the said principal of the in- IS LOCATED AND APPEARS The Board of Trustees of the City debtednees of $50.000.00 which it Is UPON THE MAP SHOWING HAR -1 of Newport Beach do ordain as fol- proposed to be incurred is hereby fixed BOR LINES OF NEWPORT BAY. 1 low-: at five and one-half (6%) Per cent per APPROVED BY THE WAR DE- - - -- and the said interest at said' PARTMENT OF THE UNITED. Section 1. It having been deter- lannum rate shell by pale semi-annually. ± � STATES ON THE 18TH DAY OFD mined and declared by Resolution No. Section 6. The Hoard of Trustees JANUARY. 1917. SOUTHEASTER. 82 of the City of Newport Beach. of the City of Newport Beach hereby LY PURSUING THE WATERS OP Passed, adopted and approved by the: orders the submission of the ei- NEWPORT BAY. AND WITHIN vote of more than two-thirds of ay ll tion of Incurring a bonded indebted- THE CITY OF NEWPORT BEACH.I the members of the legislative branch ness in the sum of $50.000.00 for the TO A POINT AT OR NEAR BULK- ti T said City. to-wit: the Hoard ofd Trustees Purposes set forth In sand Resolution HEAD STATION NO. 107. AS SAID thereof. that the public in- No. and this Ordinance herein STATION IS LOCATED AND AP -) terest and also the public necessity io before mentioned and described. be- before PEARS UPON SAID MAP. BEING demands the acquisition and con- the acquisition and wnstr� THE SHORE END OF A JETTY structlon In the City of Newport of said municipal Improvement. to -wit: of i CONSTRUCTED AT THE EN- Beach of a municipal Improvement. said channel. to the qualified voters of TRANCE TO NEWPORT BAY. to-wit • 'the City of Newport Beach. and for CALLING A SPECIAL ELECTION The construction and Improvement that purpose an election Is hereby ' FOR THAT PURPOSE. RECITING of a channel by widening, deepening. called to be held at and within the %�- THE OBJECTS AND PURPOSES and straightening the channel of New- City of Newport Beach on Monday. the FOR WHICH THE INDEBTED- port Hay in said City by dredging ging the Bing t e 24th day of December. 1917. which day NESS IS PROPOSED TO BE IN -, same, the said channel when is hereby fixed as the date on which; CURRED. THE ESTIMATED COST deepened and straightened to be ap- said election shall be held: the said OF THE PROPOSED PUBLIC IM- Proximately 125 ft In width and 10, election shall be a special election - PROVEMENi, THE AMOUNT OP ft. In depth ¢t low water of the Pa- i Section 6. At the special election: THE PRINCIPAL OF THE IN. cffic Ocean. and to extend from a called to be held and provided for by! j DEBTEDNESS TO BE INCURRED point at or near Bulkhead Statidn No. section 6 of this Ordinance there shall) EREFOR. AND THE RATE OF THEREFOR. 21. as said Station Is located and ¢p; be and is hereby submitted to the Pears upon the map Showing Harbor 1 INTEREST TO BE PAID ON SAID qualified vgters of the City of New. INDEBTEDNESS: FIXING THE Linea of Newport Hay. approved by , 1port Beach the proposition of incur - DATE ON WHICH SUCH SPECIAL the War Department of the United; ring a bonded debt by the,Clty of New - ELECTION WILL BE HELD. THE States, on the 18th day of January. port Beach In the sum of $60.000.001 MANNER OF HOLDING SUCH 1917, southeasterly pursuing the wa• with which to pay the Coat'of the so- ELECTION. AND THE VOTING ter@ of Newport Bay and within the qufsition and construction of the here - FOR OR AGAINST THE IN- city of Newport Beach, to a point at Inbefo mentioned and described 11111- CURRING OF SUCH INDEBTED-, or near Bulkhead Station No. 107• as i mprovement. to -wit: said chanan- NESS: AND PROVIDING THAT IN said station Is loeated and appears nel. the said municipal Improvement ALL PARTICULARS NOT RECIT- upon said map, being the shore end of being necessary and convenient to a jetty constructed at the entrance to ED IN THIS ORDINANCE. SUCH Newport Hay: in order to carry out carry out the objects, purposes and ELECTION SHALL BE HELD AS Powers of the City of Newport Beach. PROVIDED LAW FOR HOLD- the objects. purposes and powers of Section 7. The maser of holding ING MUNICIPAL ELECTIONS IN the City of Newport Beach, the coat such special election and the voting of which municipal improvement will THE CITY OF NEWPORT BEACH. be too great to be paid out of the or for or against Incurring said indebted- ? Whereas, on the 19th day of Septem- dfnary, annual Income and revenue ness shall be as follows: ber. 1917, at a regular meeting of the of the City of Newport Beach. The proposition of Incurring a bond- • legislative branch of the City of New- It Is hereby further determined and ed debt and the Issuing of the bonds port Beach. to -wit: the Hoard of Trus• declared that of the City of Newport Beach for the tees of said City. by a vote of more the use of the word •channel" hereinafter In this Ordinance acquisition and construction of said than two - thirds of all the members of shall mean and shall at all times be' municipal Improvement. to-wit: said said Hoard of Trustees. there was construed to mean the mid municipal' channel. In the sum of $50.000.00. shall passed. adopted and approved Reso- improvement described In Said Reso. be submitted to the qualified voters lution No. 82 of said City, being a determining declaring lotion No. 82, and as defined and de- of the City of Newport Beach by print Resolution and scribed in this section of this Ordl- ed ballot. and the ballots used at said. that the public Interest and also the - -- .. ..... .... ... _ __. -, nance. i special e'lectlon, except as other (_ provided for In this Ordinance, shall 19 be prepared, printed, furnished and ditstrlbuted as provided by law for preparing, printing, furnishing and distributing ballots at municipal else. dons In the City of Newport Beach. Each ballot shall have printed on the back thereof the words: MUNICIPAL TICKET BOND ELECTION CITY OF NEWPORT BEACH And on the top of the face of the iballot the following instructions to voters shall be, printed: , INSTRUCTIONS TO VOTERS: To vote In favor of the proposltlon stamp a cross (X) In the voting Isquare at the right of the word "Yes" ,following the proposition to be voted jupon. To vote against the propost' tlon stamp a cross (X) In the voting I square at the right of the word "No" Ifollowing the proposition to be voted ALL MARKS EXCEPT THE CROSS (X) ARE FORBIDDEN. ALL DIS- TINGUISHING MARKS OR ERAS URES ARE FORBIDDEN AND MAKE l THE BALLOT VOID. IY you WRONG- LY STAMP, TEAR OR DEFACE THIS I{ BALLOT return It to the Inspector of Election and obtain another. There shell be further printed on !. the face of each of said ballots, the following: PROPOSITION CHANNEL BONDS $50,000.00 Yee CHANNEL BONDS $60,000.00 No,l Section 8. For the purpose of said special election the City of Newport Beach Is hereby divided Into two spec - let' election precincts to be and they are hereby numbered Special Election Precinct No. 1 and Special Election Pre - clnet No. 2. Special Election Precinct No. 1 shall embrace all that portion of the City of Newport Beach lying north. westerly of the following descrl)jed line: Commencing at the point of Inter -f section of the center line of 15th Street, extended northeasterly with the northerly pity limits of Bald Clty, thence southwesterly along said ex- nd-od cente}• Ilne and along the 'call. y_ ter line oY 15th Street and along said center line of 16th Street a ended southwesterly to an Intersectl#n with the southerly boundary line of said City. Special Election Precinct No. 2 $hall embrace all that portion of the City of Newport Beach.lying southeasterly of the following described line: Commencing at the point of Inter- section of the center line of 16th Street, extended northeasterly with ,the northerly city limits of said City, 1 thence southwesterly along Bald ex- !,tended center llne and along the cem :ter line of 16th Street, and along said center line of 15th Street extended 'southwesterly to an Intersectlon with Ithe southerly boundary Ilne of said City. Said special election shall be held In said Special Election Precincts Nos. ) '1 and 2 at the polling places herein - !after named. and designated: The polling place for Special Else. thin Precinct No. 1 le established at .i the westerly ground floor room of the :'building occupied by the City of New= port Beacb as a City Hall. The polling place 'for Special Elec- ition Precinct No. 2 is established at the building. at Balboa, used by the City of Newport Beach as a Fire Hall. IThe following named persons, each of whom Is a qualified elector of the !special election precinct In which he is appointed, are hereby appointed as a Board of Election to hold, conduct -and make return of said special else- .,. thin for that precinct, said Board of Election In each precinct to consist of two Inspectors, two Judges and two Clerks, each of said persons shall re- ce4e for his services as an election officer the sum of $4.00, lawful money of the United States: Special Election Precinct No. 1: Inspector, Glenn Helms. Inspector, C. S. Hemstreet. Judge, A. N. Smith. Judge, Henry Starck. Clerk, A. Hermes. Clerk, Byron Hall. Special Election Precinct No. 2: Inspector, J. A. Ricker. Inspector, M. L. Orcutt. Judge, D. M. Young. Judge, Joseph Ferguson. Clerk, W. W. Wilson. Clerk, W. W. Crosier. Seetlon 9. The polls at the polling places herelnbefore designated and established In said Special Election Precincts Nos. 1 and 2 must be opened at six o'clock A. M. of the day of elec- tion, and must be kept opened until seven o'clock P. M. of the same day, when the polls shall be closed except; i as provided In Section 1164 of the Political Code of the State of Call-., 'fornla. Section 10. In all particulars not recited In this Ordinance said special election shall be held and conducted as provided by law for holding mu- nleipal elections in the city of *New- port Beach. Section 11. Any qualified voter may at Bald 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 "Yes" following the proposition voted upon, and any quail- fled voter may vote against the propo- sltion submitted by stamping a cross (X) on his or her ballot in the voting square at the right of the word "No" following the proposition voted upon. Section 12. IY any voter at said special election shall have stamped a cross (X) In the voting square at the right of the word "Yes" following tile' proposition voted upon his or her bal- lot shall be counted in favor of the) > Issuance of the bonds mentioned in Bald Proposition; and If he or she shall' have stamped a cross (X) in the.voting square at the right of the word "No" following the proposition voted upon, his or her ballot shall be counted against the issuance of the bonds men. tioned In said proposition. Section 13. If at said special elec- tion two-thirds or more of all the vot' ers voting thereat shall have voted In favor of the proposition of Incurring a bonded debt by the City of Newport Beach and the Issuance of the bonds thereof in the sum of $50,000.00 for the acquisition and construction of said municipal Improvement, to -wit: said channel, then the bonds of the City of Newport Beach shall be Issued' and Bold by the Board of Trustees of said City In the sum of $50,000.00 for said purpose; but none of said bonds .Shall be sold for less than their par value, and the proceeds of such bonds shall be placed In the municipal treasury of the City Of Newport Beach to the credit of the Channel Fund, and $ball be applied exclusively to the pur Poses and objects mentioned In this Ordinance. Section 14. The bonded Indebted. ness In the sum of $50,000.00 shall be evidenced by sixty -four (64) bonds, thirty -two (32) of said bonds shall be In the denomination of $1,000 each, and thirty-two (32) of said bonds shall be in the denomination of $562.50 each; 1 Bald sixty-four* bonds shall num-i bered consecutively from one to sixty -' Your, both Inclusive. All of said bonds .shall be dated the 1st day of FebruI ary, 1918, and shall bear Interest at , the rate of 5%% per annum from said let day of February, 1918, and the Im terest shall be evidenced by interest coupons attached to said bonds, and !i said interest coupons shall be num- bered consecutively. f Section 15. The bonds shall be signed by the President oY the Board of Trustees of the Clty oY Newport Beach, also signed by the Treasurer thereof, and countersigned by the Clerk. The interest coupons of said bonds shall be signed by the Treasur er. Thereafter, said bonds shall be paid as follows: Commencing on the 1st, day of February, 1919, bond No. 1 In the denomination of $1,000.00 and bond No. 2 In the denomination of $562.50 shall be paid, and annually) thereafter on the first day of February two of said bonds, one in the denoml- natlon of $1,000.00 and one in,the de. ,nomination of $562.50, in successive 'numerical order, shall be paid, mak • Ing as annual payment of $1,562.50 on' the principal of said indebtedness, the j same being not less than one-Yortleth part of the amount of such principal of the Indebtedness. The Interest on sold bonds shall be paid as follows: The first Install. ment of Interest on August 1st, 1918, and semi-annually thereafter on the first day of February and the first day of August In each year until all of said bonds, both principal and Interest, shall have been well and truly paid In gold coin of the United States. Both the principal and interest of said bonds shall be paid at the office of the j Treasurer of the City of Newport Beach in said City, County of Orange, State of California. I Section 16. The Indebtedness of 'i $50,000.00, which It Is proposed here- by to incur, together with all other in. debtedness heretofore incurred by the City of Newport Beach will not In the aggregate exceed fifteen per centum of the assessed value of all the real ' and personal property of the City of Newport Beach. A Section 17. All proceedings had l• under this Ordinance and the Issu- ance and sale of the bonds therein proposed tb be Issued shall be had In accordance with an act of the Legis- lature of the •State of California, en- titled: "An act authorizing the In -I curring of indebtedness by cities, towns, and municipal corporations, for municipal Improvements, and regm lating the acquisition, construction, or. completion thereof." (became a law , under constitutional provision without 1 Governor's approval Feb. 25, 1901) and any and all acts and parts of acts that are amendatory thereof. The money to be raised by the sale ! of the bonds therein proposed to be issued being for a purpose authorized ! by an act of the Legislature of the State of California, entitled: "An act granting to any city of the State whose corporate limits Include or i bound upon any harbor, bay, estuary,); or other navigable body of water, the i power to Improve the same and to es-; tabllsli, acquire, construct, Improve and maintain in, upon, and along they waters thereof works for use In con necilon therewith" (approved April (ith, 1917, in effect July 27th, 1917). Section I.S. There being no news- ; paper published in the City of New- ., port Beach at least six days a week, I 1 therefore the Clerk of the City of New.; v. V Port Beach is hereby ordered and di -. rected to publish this Ordinance, No. 135, in the NEWPORT NEWS, a week ly newspaper, published in the City of Newport Beach less than six days a week, to -wit: published therein once a week, by the insertion in said NEW - .PORT NEWS, each week for two sue -� cessive weeks, and this Ordinance and the publication thereof as provided for in this Section shall constitute tice of said special election, and no, other notice of said special election need be given. Section 19. This Ordinance being an Ordinance calling and otherwise relating to an election, the same shall go into effect and be in force from and after its final passage; and .The foregoing Ordinance, No. 135. was passed at a regular meeting of I the Board of Trustees of the City of Newport Beach, as the legislative branch thereof, held on the 19th day of :November, 1917, by the vote of more than two - thirds of all the members of said Board of Trustees, and on said day was signed and approved by the President of the Board of Trustees of said City, the said Ordinance being passed by the affirmative vote of the following named trustees: Ayes-- Trustees: H. A. Robinson, J. J. Schnitker, Geo. P. Wilson, J. C. Mc- Cain. Noes — Trustees: None. Absent — Trustees: J. P. Greeley. The above and foregoing Ordinance, No. 135, is signed and approved by me this 19th day of November, 1917. H. A. ROBINSON, President of the Board of Trustees, City of Newport Beach. Attest: J. ROYAL LEMON, Clerk of the City of Newport Beach. I, J. Royal Lemon. the duly appoint- ed, qualified and acting Clerk of the City of Newport Beach, do hereby certify that the whole number of the members of the Board of Trustees of the City of Newport Beach is five (5) and that the foregoing Ordinance, No. 135, was adopted and passed by said Board of Trustees at a regular meeting thereof held on the 19th day of November, 1917, by the following named members of said Board of Trustees: H. A. Robinson, G. P. Wilson, J. C. McCain, J. J. Schnitker. That each of said persons is and was at said time a duly elected, qualified and acting member of said Board of Trustees and that the said members ,voting for said Ordinance, No. 135, con - stituted more than two - thirds of all the members thereof. That on the 19th day of November, 1917, H. A. Robinson was and is the duly elected, qualified and acting President of said Board of Trustees, and on said day he signed and ap- proved the said Ordinance. In Witness Whereof, I have here- unto affixed my official signature and attested the same with the Seal of the City of Newport Beach this 19th day of November, 1917. J. ROYAL LEMON, Clerk of the City of Newport Beach. Nov. 23, 30 —Dec. 7- 14 -21, 1917. I,J.Royal Lemon, Clerk of the City of Newport Beaeh,do hereby certify that the foregoing ordinancefsis a true and correct copy of an ordinance passed by the Board of Trustees at a regular meetimg'held on the 19th.Day of November 1917, and that same hCs been printed and pub- lished according to law* Clerk of e t, y of Newport Beach, al.