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HomeMy WebLinkAbout369 - Special Election - 10-22-1929ORDINANCE. N0. 369 AN ORDINANCE OF THE CITY OF NEWPORT BEACH, CALF. F'ORNIA, PROVIDING FOR THE ISSUANCE OF BANDS OF SAID CITY IN THE AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($2(My99MW) FOR THE ACQUiISITION,' C 0 N - STRIICTTON' AND COMPLETION OF A CERTAIN MUNICIPAL IMPROVEMENT; TO -WIT, THE IMPROVEMENT (IF THE MU- NICIPAL HARBOR BY DEEP -1 ENING AND DREDGING THE' CHANNEL AT THE ENTRINCE THEREOF AND BY THE AC- QUISITION AND CONSTRUC- TION OF VARIOUS GROINS' FOR THE PURPOSE OF CON- TROLLING THE TIDE AND PROTECTING EXISTING JET -' TIES AND SHORELAIYDS AND INCLUDING FOR SAID PUR-1 POSE THE ACQUISITION OF LANDS AND RIGHTS -OF -WAY IN ACCORDANCE WITH AND AS AUTHORIZED BY THE SPECIAL ELECTION HELD IN SAID CITY ON THE `LAND DAY OF OCTOBE& I"- WHEREAS, a special election was held on the 22nd day of Oc- tober, 1929, in the City of Newport Beach, County of Orange, State of California, in accordance with the provisions and requirements of Resolution No. 526 of said City and of Ordinance No. 366 of said City, calling and providing for and giv- ing notice of an election, at which election there was submitted to the qualified voters of said C£ty. the following prepO0 Lo -Wit: Shall bonds of the City of New- port Beach in tine suns of two hun- dred thousand dollars ($200,000.00) be issued for tine acquisition and. construction by said City of New- port Beach of it certaini municipal improvement, to -wit, the improve- Mehl of tine municipal harbor by "deepening and dredging the than- eel at the entrance thereof, and by i the acquisition and` "construction of varirns groins for the purposo of c ondrolltng the tide and protecting (ue existing jetties and shorelands rml ncluding for said purpose ' the auluie;tum of lands and rights -of- way and ',\'IiLRE4.S, all and sir.guiar the r. - provernenT to-wit, the improve- thereof ", which became a law Feb - ment of the municipal harbor by ruary 25, 1901, and acts amenda- deepening and dredging the than- tory thereof, .and in pursuance of e,d at the entrance thereeof and by t the constitution and statutes of the acquisition and construction the State of California and the or-, of various groins for the purpose dinance of the City Of Newport of controlling the tide and protect - ing existing jetties and shorelands Beach, and be% been authorized by vote of more than two-thirds (2/3) and including for said purpose the of the qualified voters of said City ! acquisition of burls and rlghta -oh voting at a special election duly way, which bonds shall be desig- and regularly called, held and con- noted "City of Newport Beach Har- ducted in said City on the 22mi bor Improvement Bonds, 1929 . ,lay cf October, 1'929. I Said bonds shall be two hundred !: It is hereby certified, recited arai (200) In number and shall be declared that all acts, conditions' numbered from are (1) to two and things required by law to ex- hundred (200) inclusive, each in ist, happen and he performed pre - the denomination of one thous- to and in the issuance Of 00.00) and dollars ($10. All 04 said �eedent .this bond have existed, happene d' braids shall be da[ed December 1, and, been performed in due time'„ 1929. and shall bear Interest at a form and manmer as reghlred by rate not to exceed six per centj 11w4 and that the amount of this. if.%) per arum, payable semi- lband, together witli all other £n- annually on the first days of June debtedness of said' City does not and December in each year, said exceed any limit prescribed by interest rate Co be definitely fixed ithe ronstlt.ation or statutes of said hereafter by resolution, and the State and that provision has been principal and interest thereof shallimade is required by the constita- be. payable in lawful money of the Ftion and statutes Of aald State for United States of America. The.fUo collection of an annual tax principal of said bonds shall be sufficient to pay the interest on p::yable as follows: this bond as it falls due and tar Ten bonds shall be due and pay -,the payment of the prircipal of able on the first day of December this bond on or before maturity. for each of the years 1930 to 1949, The full faith and Credit of said inclusive. City are hereby pledged for the Section 2. Said bonds issued punctual payment of this bond and. hereunder shall be issued in ac- interest therema. cordance with the provisions of an IN WITNESS WHEREOF said Act of the Legislature of the State City of Newport Beach has caused � of California entitled "An Act this bond to be executed by Its Authorizing the Incurring of In- Mayor and President Of the City debtedness by Cities, Towns. and Council and Hoard of Trusteef, and Municipal Corporations for Mu- by its Treasurer, and couatersign- nicipal Improvements and Rego- sit by Its Clerk, and attested Dy the lating the Acquisition, Construe- Seal of said City this first day oY l Lion and Completion thereof ", December, 1929. parts dmthere and acts amendatory is and l the of the City of oY NewpBoard Beaeh, Cali- general municipal corporation acts of the State of California relating (SEAL) to cities of the sixth class and of -------------------------------------------------------- City Treasurer of the City of the constitution of the State of Newport Beach, California. California and the ordinance of the City of Newport Beach. Said bonds Countersigned: shall be substantially in the fol- ------ -'"""""""""""""-" " " " " " " " " " " " " " " " " " " " " " " " " " " " " City Clerk of the City of lowing form: (Form of Bond) •Newport. Beach, California. STATE. OF CALIFORNIA Coupons shall be attached to CITY OF NEWIORT BEACH each of said bonds for the inter - CITY OF NEWPORT BEACH eat accruing thereon, which said HARBOR IMPROVEMENT coupons shall be in substantially BONDS, 1929 the following form, to-wit: piovislous Of an Act of the Legla -II No . ............... ..... __ $1,000.00 taints of the State of CaH4ornia; Newport Beach, California. entitled "Ail Act Authorizing the II December 1, 1929. Incurring of Indebtedness by Cit -' For value received the City of its, Towns and Municipal Corpora - Newport Beach, a municipal cor- tions for Municipal Improvements �l potation, duly organized and ex- I and Regulating the Acquisition, isting under and by virtue of the Construction or Completion there laws of the State of California, lof", which became a lave Febru- hereby acknowledges its indebted- !, sty 25, 1911, and all acts er parts ness and promises to pay- to the i of acts supplementary thereto or I bearer on the first day of Deters- amendatory thereof and all the I bee 19........ (year of maturity) ONE general municipal corporation. acts THOUSAND DOLLARS ($1,000.00) of the State of California relating with interest thereon at tine rate to cities of the sixth class and of of ......-- ....... per cent per annum, Ithe constitution of the State of payable semi- annually on the first California and ordinances of the days of June ana December, on City of Newport Beach having presentation and surrender of the been in all particulars fully com- coupons hereto attached as they plied with so as to authorize the respectively become due, both Issuance of said bonds; principal and interest being pay - NOW, THEREFORE, the City I able to lawful money of the United Council and Board of Trustees of States of America at the office of the City of Newport Beach, Cali- the City Treasurer of said City of forma, does ordain as follows: Newport Beach. Section 1. That bonds of the This bond 1s issued utdor and City of Newport Beach in the. , in pursuance of an act of the amount Of TWO HUNDRED I Legislature of the State of Cali - THOUSAND DOLLARS ($200,000-1 fornia entitled "An Act Authorizing 00) be issued for the acquisition,) the Incurring of Indebtedness by construction and completion by Cities, Towns and Municipal Corn. said City of certain municipal im- porations for Municipal Improve- "ments and Regulating the Acquisi- tion, Construction and Com9letion No. $..—_......._.. On the first day of.- ..................... (month of maturity) 19 ------- . (year of maturity), the City of Newport, Bosch, California, will pay to j bearer at the office of the City Treasurer of said City the sum of .. ................... _ .... Dollars 0 ; ................I in lawful money of the United States of America, being six (6) months interest then due on its Newport Beach Harbor Improve- ment Bond 1929 No ...................... December 1, 1929. l ............................. _..11..11.... .... ......... City Treasurer of the City of Newport Beach, California - That interest coupons shall be. attached to each Bond to the num- ber of twice the number of years such Bond will run until maturity thereof; that the coupons so at- tached shall be In the amount of ....... _ ................... Dollars ($................). Section 3. That the Mayor of and the President of the City Connell and Board of Trustees of the City (it . Ne,*port Beach and the C City Treasurer of said City are Mhereby authorized and directed to, sign said bonds and the City.,Clerk of said City is hereby authorized and directed to countersign said bonds and to affix thereto the cor. porate seal of said City, and the•', City Treasurer o2 said city is for -until there shall be. a sum inT ADOPTED, SIGNED AND AP- , hereby authorized to sign all of the treasury of said City set apart PROVED this 4th day of November, I said interest coupons of said bonds. for that purpose sufficient to meet i 1929. by his printed, lithographed or en- it all sums coming due for principal MARCUS J. JOHNSON, graved -signature and to number, and interest on said bonds, a tax. Mayor of and ,President of the consecutively the coupons of each j sufficient to pay the annual inter -1 City Council and Board of Trustees of said bonds. est on such bonds and also such i of the City of Newport Beach, Cali - Section 4. That. all bonds is -' part of the principal thereof as fornia. sued in pursuance hereof shall be shall become tine before the time Attest: sold iu the manner provided by for fixing the next tax levy. All ALFRED SMITH, law for not less than their par taxes herein required to be levied City Clerk of the City of value. Said bonds shall bear inter - I shall be in addition to all of the Newport Reach, California. est at a rate not to exceed six taxes levied for municipal pur- STATE OF CALIFORNIA, ) per cent (64'0). The proceeds from I poses and shall be collected at the County of Orange, ) as. the sale of said bonds shall be and In the manner as other City of Newport Beach. ) placed in the treasury of the City municipal taxes are collected and �. I, .Alfred Smith, City Clerk of of Newport Beach to the credit of forthwith shall be turned 'over and i, the City of Newport Beach, do a fund to be known as "Newport paid into a fund of the City of hereby certify that the whole num- Beach Harbor Improvement Bonds Newport Beach to be known as her of members of the City Council 1929 Interest and Redemption "Newport Beach Harbor Improve+ and Board of Trustees of the City Fund," and shall be applied to the ment Bonds 1929 interest and Re- of Newport Beach is five (6); that purposes- and objects mentioned in demption Fund," and shall be used the foregoing Ordinance was pass - I Ordinance. to -wit, the im- for no other purpo -ee than the pay- ed by a vote of more than two - pthis rovement of the municipal harbor ment of said bonds and accruing thirds (2/3) of all the members of ��. by deepening and dredging the interest. said City Council and Board of channel ai the entrance thereof, Section 6. That the City Clerk Trustees and approved by the and by the acquisition and con- 1 shall certify to the passage and Mayor of and President of the City struction of various groins for the adoption of this Ordinance and to Council and Board of Trustees at I purpose of controlling the tide and its approval by the Mayor of and a regular (adjourned) meeting of protecting the existing jetties and President of the City Council and said Board duly held on the 4th I{ shorelands .ana including for said I Board of Trustees of the City of day of November, 1929, and that purpose the acquisition of lands Newport Beach, and shall cause said Ordinance was passed by the and rights -of -way. 1 this Ordinance to be published following vote, to -wit: Section 6. That for the purpose once in the Newport News, a , AYES: Councilmen, Hilmer, of paying the principal and inter- weekly newspaper published and 'Claire, Claire, Ellsworth, Williamson and est of said bonds the City Council circulated in said City of Newport Johnson. and Board of Trustees of the City Beach and hereby designated for NOES: Councilmen, None. of Newport Beach shall, at the that purpose, and said Ordinance ABSENT: Councilmen, None. time of fixing the general tax levy shall be In full force and effect (Seal) ALFRED SMITH, I and in the manner for such general thirty (30) days after its passage City Clerk of the City of tax levy provided, levy and collect and adoption. Newport Beach, California, auuually until said bonds are paid,! I, Alfred Smith, Clerk of the Cit- -,f ;ertify that the foregoing Ordinance No. 369 is if an Ordinance passed by the City Council at a in the 4th dajl of November, 1929, and that same )ublished according to law, Newport Beach do hereby a, true and correct copy regular meeting held was printed and n O D City Clerk of Plewport Beach,