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HomeMy WebLinkAbout52 - Balboa Island Annexation0 a Resolution W. 53. 4 0 A Resolution of the Board of Trustees of the city of Newport Beach, ae the legislative body thereof, call- ing and ordering to be held a special election in the city of Newport Beach, and also in certain territory outside of the city of Newport Beach, for the purpose of submitting to the electors of the city of Ne; <<port Beach, and to the electors residing in said outside territory, the proposition or question of the annexa, tion of said territory to the city of Newport Beach, fixing the dateof such election, establishing voting precincts, and places at which the polls will be open- ed, appointing officers of election, and directing the giving of notice of said election. Whereas, there was presented to, received and filed by the Board of Trustees of the city of Newport Beach on the let day of May, 1916, a written petition proposing that the boundaries of the city of Newport Beach be altered and new territory annexed thereto, incorporated and included therein, and made a part thereof, containing a description of the new territory asked to be annexed to said city and signed by more than one -fifth in number of the aualified electors of the city of Newport Beach, computed upon the number of votes cast at the last general election held therein; and Whereas, the said new territory described in said petition is contiguous to the city of Newport Beach, and at the time said petition was presented did not form and does not now form any part of any incorporated town or city; and Whereas, the city of Newport Beach has incurred and also further authorized the incurring of bonded indebtedness for the acquisition, construction and also for the completion of certain municipal improvements in and for the city of Newport Beach; and Whereas, the petition presented contains the request that the question to be submitted to the electors of the city of Newport 154 r 0 0 Beach and to the electors residing w the territory proposed by eu04,.petition to be annexed to t city of Newport Beach shall be Whether such new territory shall be annexed to, incorporated in and made a part of the city of Newport Beach, and the property therein be after such annexation subject to taxation equally with the property within the city "116f Newport Beach to pay any such bonded indebtedness of the city of Newport Beach outstanding at the date of such annexation or theretofore authorized and to be represented by bonds hereafter to be issued: The Board of Trustees of the city of Newport Beach do resolve and declare as follows: - Section 1- Resolved that a special election is hereby called and ordered to be held and shall be held at and within the city of Newport Beach, and also at and within that certain new territory proposed to be annexed to, incorporated and included in and made a part of said city of Newport Beach, the boundaries of which new territory is specifically described as follows: - Beginning at Station seventy -two (72) of the Patent boundaries of the Rancho San Joaquin, as per map recorded in Book 1, page 147 of Patent Records of Los Angeles County, Cal. Thence Southwesterly to a point in the North- easterly boundary line of the City of Newport Beach, said point being three hundred and seventy -eight (378) feet southeasterly from the intersection of said northeasterly boundary line with the section line, between Sections 34 and 35 Township 6 South Range 10 west, S.B.M. Thence Southeasterly along said Northeasterly boundary line of the city of Newport Beach to a point South Seventeen (17) degrees and thirty (30) minutes east two hundred (200) feet distant from the southeasterly corner of Balboa Island; Thence North sixty -three (63) degrees east four hundred and eighty (480) feet to station seventy -eight (78) of said Rancho boundary; Thence northwesterly along said Rancho bonndary line to the point of beginning. 2 Section 2- Resolved that said election shall be a special election and shall be held on the 27th day of June, 1916, the said special election is called and will be held for the purpose and no other of submitting to the electors of the city of Newport Beach, and to the electors residing in the described new territory the proposition or question, and there is hereby submitted to said electors the proposition or question: Whether such new territory shall be annexed to, incor- porated in and made a part of the city of Newport Beach, and the property therein be after such annexation subject to taxation equally with the property within the city of Newport Beach to pay the bonded indebtedness of the city of Newport Beach, incurred by the city of Newport Beach, and outstanding at the date of such annexation, and indebtedness theretofore authorized and to be represented by bonds thereafter to be issued for the acquisition and construction and also for the completion of municipal improve- ments in the city of Newport Beach." Section 3- Resolved that the city of Newport Beach has incurred and also further authorized the incurring of bonded in- debtedness for the acquisition and construction and also for the completion of municipal improvements in the city of Newport Beach and there is now outstanding and also further authorized bonded indebtedness as follows: - a) Incurred for the acquisition and construction of a municipal water works in and for the city of Newport Beach, a bonded indebtedness in the sum of forty thousand dollars ($40,000) upon which the maximum rate of interest is five (5) per cent. per annum, payable semi - annually and of which sum there is outstanding and unpaid the sum of thirty -four thousand dollars ($34,000). b) Incurred for the completion of the municipal water works in and for the city of Newport Beach a bonded indebtedness in the sum of twenty -five thousand dollars ($25,000) upon which 3 0 the maximum rate of interest is six (6) per cent. per annum, payable semi - annually and of which sum there is outstanding and unpaid the sum of twenty -three thousand dollars (;23,000). c) Incurred for the acquisition and construction of an electric street lighting system, in and for the city of Newport Beach a banded indebtedness in the sum of twenty thou- sand dollars ($20,000) upon which the maximum rate of interest is six (6) per cent. per annum payable semi- annually, and of which sum there is outstanding and unpaid the sum of Nineteen thousand dollars ($19,000). d) Incurred for the acquisition and construction of a gas distributing system in and for the city of Newport Beach a bonded indebtedness in the sum of twenty -three thousand dollars ($23,000) upon which the maximum rate of interest is five (5) per cent. per annum, payable semi- annually, and of which sum there is outstanding and unpaid the sum of twanty- three thousand dollars ($23,000) and al6o for the acquisition and construction of said gas distributing system further author- ized bonded indebtedness in the sum of seven thousand dollars 7,000) to be represented by bonds hereafter to be issued, and upon which the maximum rate of interest is to be five (5) per cent. per annum, payable semi- annually. Section 4- Resolved that for the purpose of holding and conducting said special election in and for the territory proposed to be annexed to the city of Newport Beach, the Board of Trustees of said city hereby establishes a voting precinct and the place at which the polls will be opened in such terri- tory, and appoints election officers therefor,as follows- a) All of that territory proposed to be annexed to the city of Newport Beach,the exterior boundaries of which territory is specifically described in Section 1 of this Re- solution, shall constitute one voting precinct, and shall be 4 a a 9 0 i and is hereby established as the voting precinct for said special election in said territory. b) On the day of said special election the polls will be open at that one story -frame store building which fronts wester- ly on Agate Street and is situated on the easterly side of said Agate Street and near Newport Bay, all within said territory, which building is established as the place at which the polls will be open in said territory proposed to be annexed. c) In and for said voting precinct election officers are hereby appointed, each of whom is and shall be a qualified elector of said voting precinct , which election officers shall hold, conduct and make returns of said special election as pro- vided and required by law; the said election officers shall con- sist of two fudges and one inspector as follows: - Judge Arthur Garrison Judge Fred B. Sanders Inspector L. W. Collins Section 5- Resolved that for the purpose of holding and conducting said special election in and for the city of New- port Beach the Board of Trustees of said city hereby establishes voting precincts and the place at which t1t polls will be opened in the city of Newport Beach, and appoints election officers there- for; the city of Newport Beach shall/constitute two voting precincts and shall be numbered voting precinct No. 1 and voting precinct No. Z, as follows: - a) All that portion of t1s city of Newport Beach lying northwesterly of ' the following described line: Com- mencing at the point of intersection of the center line of 15th St. extended northeasterly with the northerly city limits of said city; thence southwesterly along said extended center line northeasterly and along center line of 15th St. and along said center line of 15th St. extended southwesterly to an intersection with the southerly boundary line of said city: shall constitute one voting precinct, and shall be and is hereby established as voting precinct No. 1 for said special election in the city of Newport Beach. -5 b) On the day of "id special election the polls will be open at the westerly ground floor room of the City Hall, being the place commonly used within said precinct as a voting place, and which place is eetablished as the place at which the polls will be opened in such voting precinct No.l. c) In and for said voting precinct No. 1 election officers are hereby appointed each of whom is and shall be a qualified elector of said voting precinct No. 1, which election officers shall hold, conduct andmake returns of said special election as provided and required by law, the said election officers shall consist of two fudges and one inspector as follows: Judge John Royal Lemon Judge Arthur N. Smith Inspector David Clark Winans. d) All that portion of the city of Newport Beach lying southeasterly of the following described line: Commencing at the point of intersection of the center line of 15th St. extended northeasterly with the norther- ly city limits of said city; thence southwesterly along said extended center line northeasterly and along center line of 15th St. and along said center line of 15th St. extended southwesterly to an intersection with the southerly boundary line of said city: shall constitute one voting precinct,and shall be and is hereby established as voting precinct No. 2 for said special election in the city of Newport Beach. e) On the day of said special election the polls will be open at the Fire Hall fronting Northerly on Bay Avenue and being on the southerly side of said Bay Avenue,and between Main and Washington Streets, all in said voting precinct No. 2, said Fire Hall being the place commonly used within said voting precinct as a voting place; which place is established as the place at which the polls will be opened in said voting precinct No. 2. f) In and for said voting precinctNo. 2. election officers are hereby appointed, each of whom is and shall be a qualified elector of said voting Precinct No. 2, which election 6 a officers shall hold, conduct and make returns of said - special election as provided and required bylaw, the said election officers shall con- silt of two judges and one inspector as follows: - Judge Cana Baker 4?, Judge Robert P. Wilson lt*ope E. Tricksy Section 6- Resolved that the ballots used at such election, the opening and the closing of the polls, and the hold- ing and conducting of such election shall be in conformity as far as may be with the general laws of this State concerning elections and the qualified electors of the city of Newport Beach and the qualified electors residing in said territory so proposed to be annexed thereto be and they are hereby invited to vote upon such proposition or question by placing upon their ballots the words: For Annexation" or "Against Annexation" or words equivalent there- to, and the votes cast at said special election shall, be by print- ed ballot and the said printed ballots shall be substantially in the following form: At the top of the face of each of the ballots there shall be printed: INSTRUCTIONS TO VOTERS: To vote in favor of annexation stamp a cross (R) in the voting square at the right of the words. "For Annexation ". To vote against annexation stamp a cross (X) in the voting square at the right of the words: "Against Annexation" If you VRONGLY STAMP, TEAR, OR DEFACE THIS BALLOT return it to the Inspector of Election and obtain another. For Annexation Against Annexation Section 7: If at said special election a voter shall have stamped a crosa(X) in the voting square at the right of the words "For Annexation" his or her ballot shall be counted in favor of annexation, and if at said special election a voter shallhave 7 stamped a oross M in the voting square at the right of the words "Against Annexation" his or her ballot shall be counted against annexation. Section 8- Resolved, that upon the canvass of the a returns of the votes cast at said special election held hereunder, if it shall appear that two - thirds of all the votes cast in such outside territory proposed to be annexed and a majority of all the votes cast inside of the city of Newport Beach are in favor of annexation, a copy of the record of such canvass shall be trans- mitted to the Secretary of State of the State of California, as requird by law, and from and after the date of the filing of said document in the office of the said Secretary of State the annexation of the territory described in Section 1 of this Resolution to the city of Newport Beach shall be complete, and thenceforth said annexed territory shall be to all intents and purposes a part of the city of Newport Beach, and the property within such annexed territory shall be taxed to pay the bonded indebtedness or liability of the city of Newport Beach incurred and outstanding at the date of such election and indebtedness theretofore authorized and to be represented by bonds thereafter to be issued, equally with the pro- perty within the city of Newport Beach as it existed prior to such annexation. Section 9- Resolved, that the Clerk of the City of Newport Beach is Pereby directed to give notice of said special election by the publication of a notice thereof in the NEWPORT NEWS, a Newspaper printed and published in the city of Newport Beach, and also by the publication of a notice thereof in the SANTA ANA BULLETIN, a newspaper printed and published outside of the city of Newport Beach, but in the County of Orange, that being the county in which the territory proposed to be annexed to the city of Newport Beach is situated. Said publication of said notice of said special election shall be made in each of said newspapers at least once a week for a period of four successive weeks next preceding the said date of such spedial election. -8 _ The notice of election shall distinctly state the proposition to be submitted, namely,- that it is proposed to s annex to, incorporate in and make a part of the city of Newport Beach the territory sought to be annexed, specifically describ- ing the boundaries thereof, and that the property thereinehall after such annexation be subject to taxation equally with the property within the city of Newport Beach to pay the bonded in- debtedness of the city of Newport Beach outstanding at the date of such annexation and indebtedness theretofore authorized and to be represented by bonds thereafter to be issued. The said notice shall in addition distinctly specify the improvement or improvements for which such indebtedness was so incurred or authorized and state the amount or amounts of such indebtedness already incurred outstanding at the date of the first publication of such notice, and the amount of such indebtedness theretofore authorized and to be represented by bonds thereafter to be issued and the maximum rate of interest payable or to be payable on such indebtedness. The said notice shall designate the voting precincts hereinbefore established and the places at which the polls will be opened in each of said voting precincts, and state the names of the officers of election appointed, and the election office to which each has been appointed in each of said voting precincts. That in said notice of election the qualified electors of the city of Newport Beach and the qualified electors residing in said territory proposed to be annexed shall be invited to vote upon such proposition or question by placing upon their ballots the words "For Annexation" or "Against Annexation" or words equivalent thereto. Section 10- Resolved that all acts, steps, and pro- ceedings taken,or to be taken,concerning the annexation of the territory described in Section 1 of thiis Resolution are and shall be had and taken as provided in an Act of the Legislature of the State of California, entitled: "An Act to provide for the 9 I alteration of the boundaries of and for the annexation of terri- tory to incorporated towns and•ces, and for the incorgporation of such annexed territory in and as a part of such municipali- ties, and for the districting, government, and municipal control of annexed territory. ( Approvdd March 19, 1889, State. 1889, p. 358) and all acts amendatgXy thereof. The above and foregoing Resolution No. 52 was passed and adopted at a regular meeting of the Board of hrustees of the city of Newport Beach held on the 15th day of May, 1916, by the vote of the following named Trustees, /t-o -wit: Ayes, Trustees /_ Noes, Trustees mfr < Absent, Trustees ZZ_10_ r/ The abovefand foregoing Resolution No. 52 is approved by me this 15th day of May, 1916. Preside of the Board of Trustees City of Newport Beach. i- Attest : Clerk of the city of Newport Beach. 10