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HomeMy WebLinkAbout64 - Ordering a Special Election1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 C01-Y RESOLUTION NO. 64 k Resolution of the Board of Trustees of the City of Newport Beach, as the legislative body thereof, calling and ordering to be held a spe- cial 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 Newport Beach, and to the electors residing in said outside terri- tory, the proposition or question of the annex- ation of said territory to the City of Newport Beach, fixing the date of such election, estab- lishing voting precincts, and places at which the polls will be opened, appointing officers of elec- tion, and directing the giving of notice of said election. COPY Whereas, there was presented to, received and filed by the Board of Trustees of the City of Newport Beach, on the 8th day of January, 1917, 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 there- of, containing a description of the new territory asked to be an- nexed to said city and signed by more than one -fifth in number of the qualified 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 pe- tition 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 ac- quisition, construction and also for the completion of certain mun- icipal improvements in and for the City of Newport Beach; and Pjhereas, the petition presented contains the request that the question to be RAmitted to the electors of the City of New- port Beach and to the electors residing in the territory proposed by such petition to be annexed to the City of Newport Beach shall be whether such new territory shall be annexed to, incorporated in and made a part of the City cC Newport Beach, and the property -1- P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 therein be after such annexation subject to taxation equally with the property within the City of Newport Beach to pay any such bond- ed indebtedness of the City of Newport Beach outstanding at the date of such annexation or theretofore authorizeddand to be rep- resented by bonds hereafter to be issued: The Board of Trustees of the City of Newport Beach do resolve and declare as follows: - Section 17 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 the intersection of the south- westerly prolongation of the center line of Irvine Avenue as per map of First Addition to Newport Heights, as recorded in book of Miscellaneous Maps 4, page 94, of the records of Orange County, Cali- fornia, and the present Northeasterly boundary line of the City of Newport Beach, which point of inter- section is 1341 ft. North 8° 58' East from the com- mon section corner of Sections 27- 28- 33 -34, town- ship 6 South, Range 10 West, S.B.M. thence along the southwesterly prolongation of the center line of Irvine Avenue and the center line of Irvine Avenue as shown on aforesaid map of First Addition to Newport Heights, North 40° 30' East, 3009 ft. to a point of the intersection to the center line of 15th St. as shown on aforesaid map of First Addition to Newport Heights; Thence }forth 490 30' Vest 3240 ft. along the center line of said 15th Street to a point of in- tersection with the center line of Westminster Ave- nue, as shown on aforesaid map of First Addition to Newport Heights; Thence along the center line of said West- minster Avenue South 39° 50' West 707.C3 ft. to point of the intersection with the center line of Old County Road, as shown on Tract No. 27 Boulevard Addition to Newport Heights, being part of Lot 169 Block 2 Irvine Subdivision as recorded in Miscel- laneous Maps, Book 9, page 26, of the records of Orange County, California; -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 091 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ,.,;Thence South 12° 30' East 521.66 ft. along the said center line of the Old County Road; thence South 361 18, West 440.43 ft. along the center line of the Old County Road; thence south 70° 6' West 496.06 ft. along the said center line of the Old County Road; thence South 560 59' West 783.92 ft. along the said center line of the Old County Road to a point of the intersection with the easterly line of the County Highway, as shown on Tract No. 27, Boulevard Addition to Newport Heights, being part of Lot 169, Block 2, Irvine Subdivision, as recorded in Miscellaneous Maps, Book 9, page 26, of the records of Orange County, California; Thence Southerly along the easterly line of the County Highway as located and described in the petition for public tighway, Newport Beach road, and recorded in Deed Book 25C, page 73, records of Orange County, California, to a point of the inter- section with the present northerly boundary line of the City of Newport Beach ; Thence easterly pursuing the present northerly boundary line of the City of Newport Beach tD the point of beginning. Section 2 - Resolved that said election shall be a special election and shall be held on Tuesday, the 2Cth day of Feb ruary, 1917, 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 de- scribed 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 rep- resented by bonds thereafter to be issued for the acquisition and construction and also for the completion of municipal improvements in the City of Newport Beach." -3- #I 1 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 bond indebtedness in the sum of forty thousand dollars ($40,000) upon whic1A 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 stun 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,OOC) upon which maximum rate of interest is six (6) per cent per annum, payable semi - annually, and of which sum there is outstanding and unpaid sum of twenty -two thousand dollars ($22.,000). (c) Incurred for the acquisition and construction of an electric street lighting system in and for the City of Newport Beach, a bonded indebtedness in the sum of twenty thousand dollars, ($20,000), upon which the maximum rate of interest is six per cent per annum, payable semi - annually, and of whicta sum there is out- standing and unpaid the sum of eighteen thousand dollars ($18,CGC). (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 thirty thousand dollars ($30,000) upon which the maximum rate of interest is five per cent per annum, payable semi - annually, and of which sum there is outstanding and unpaid the sum of thirty thousand dollars ($30,000). (e) Incurred for the acquisition and construction of a jetty in and for the City of Newport Beach a bonded indebtedness -4- 1 2 60 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Tke dal-. o/-- W /D/, c b C Q zt 4 a.a4 --� /...lid !`cdh�..� i. Z the additional sum of $23,437.50, to be represented by bonds here- after to be issued, and uponwhich bonded indebtedness, both incurr and authorized, the maximum rate of interest is five per cent per annum, payable semi- annually, and of which sum there is outstand- ing and unpaid the sum of $101,562.5C. 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 territory, 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 Resolution, shall constitute one voting precinct, and shall be and is hereby estab- lished as the voting precinct for said special election in said territory. (b) On the day of said special election the polls will be opened at and within the store room of the mercantile business known as the Mesa Grocery, which is located on the East side of Santa Ana Avenue and between Broad Street and Fourteenth Street, as said streets are laid out and shown on a map of First Addition to Newport Heights, which map is recorded at page 94, Book 4, yis- cellaneous Maps, Records of Orange County, California, all within said territory and which store room is established as the place at which the polls will be opened in said territory proposed to be annexed. There is in said territory no place commonly used as a voting place. (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 cf ficers shall hold, conduct, and make returns of said special election as pro- -5- r: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 vided and required by law; the said election officers shall con- sist of two judges and one inspector as follows: - Judge Byron Hall Judge Daisy E. Hall Inspector Enos Kersey Section 5 - Resolved that for the purpose of holding and conducting said special election in and for the City of Newport Beach the Board of Trustees of said City hereby establishes voting precincts and the place at which the polls will be opened in the City of Newport Beach, and appoints election officers therefor; the City of Newport Beach shall constitute two voting precincts and shall be numbered voting precinct No. 1 and voting precinct No. 2, as follows: - (a) All that portion of the City of Newport Beach lying northwesterly of the following described line; commencing at the point of intersection of the center line of 15th St. exttaded north easterly with the northerly city limits of said city; thenc south- westerly along said extended center line northeasterly and along center line of 15th St. and along said center line of 15th St. ex- tended 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 theCity of Newport Beach. (b) On the day of said 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 established as the place at which the polls will be opened in such voting precinct N.. 1. (c) In and for said voting precinct No. 1 election of- ficers are hereby appointed each of whom is and shall be a quali- fied elector of said voting precinct No. 1, which election officers shall hold, conduct and make returns of said special election as provided and required by law, the said election officers shall con- sist of two judges and one inspector as follows: - M r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Judge J. Royal Lemon Judge Terrell Jasper Inspector John Wood (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 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 the 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 Precinct No. 2 election of- ficers are hereby appointed, each of whom is and shall be a qualifi d elector of said voting precinct NO. 2, which election officers shall hold, conduct and make returns of said special election as provided and required by law, the said election officers shall con- sist of two judges and one inspector as follows: - Judge Robert R. Wilson Judge Mrs. Mary E. Collins Inspector Floyd Gage Section 6 - Resolved that the ballots used at such elec- tion, the opening and the closing of the polls, and the holding a conducting of such election shall be in conformity as far as may with the general laws of this State concerning elections and the qualified electors of the city of Newport Beach and the qualified -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 29 30 31 32 electors residing in said territory so proposed to be annexed thereto be and they are hereby invited to vote upon such proposi- tion or question by placing upon their ballots the words: "For Annexation" or "Against Annexation" or words equivalent thereto, and the votes cast at said special election shall be by printed 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 (X) in the voting square at the right of the words "For Annexation ". Tovvote agains annexation stamp a cross (X) in the voting square at the right.of the words: "Against Annexation ". If you WRONGLY 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 cross (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 shall have stamped a cross (X) 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 re- turns 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 Californiq, as required by law, and from and after the date of the filing of said 1 2 4P 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4p28 29 30 31 32 document in the office of the said Secretary of State the annexati of the territory described in Section 1 of this Resolution to the city of Newport Beach shall be complete, and thenceforth said an- nexed 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 liabil- ity 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 property within the city of Newport Beach as it existed prior to such annexation. Section 9 - Resolved, that the Clerk of the City of New- port Beach is hereby directed to give notice of said special election by the publication of a notice thereof in the NEWPORT NEW a newspaper printed and published in the City of Newport Beach, an also by the publication of a notice thereof in the HUNTINGTON BEAC NEWS a newspaper printed and published outside of the City of New- port 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 special election. The said notice of election shall distinctly state the proposition to be submitted, namely, -that it is proposed to annex to incorporate in and made a part of the City of Newport Be-sch the territory sought to be annexed, specifically describing the boun- daries thereof, and that the property therein shall after such an nexation be subject to taxation equally with the property within the city of Newport Beach to pay the bonded indebtedness of the City of Newport Beach outstanding at the date of such annexation -9- 1 I'I 2 3 4I 5' 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 in- curred or authorized and state the amount or amounts of such in- debtedness 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 equiv- alent thereto. Secti "on 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 this 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 alterati Of the boundaries of and for the annexation of territory to Incor- porated towns and cities, and for the incorporation of such annexed territory in and as a part of such municipalities, and for the dis- tricting, government, and municipal control of annexed territory. (Approved March 19, 1889, Stats. 1889• P. 358) and all acts amend - 1,atory.thereof. -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The above and foregoing Resolution No. 64 was passed and adopted at a regular meeting of the Board of Trustees of the City of Newport Beach held on the 15th day of January, 1917, by the vote of the following named Trustees, to -wit: Ayes, Trustees: S. R. Jumper, Glenn Helms, G. P. Wilson, J. C. Mc- Cain. Noes, Trustees: None Absent, Trustees: H. A. Robinson The above and foregoing Resolution No. 64 is approved by me this 15th day of January, 1917. Attest: Claude M. Crego�� Clerk of the 'its y of Newport Beach -11- S. R. Jumper President of the Board of Trustees City of Newport Beach. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF NEWPORT BEACH) I, C. K. PRIEST, City Clerk Of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and main- tained in my office, the foregoing Resolution No. 64 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the �5 day of January 9 �9 17 , by the following vote, to wit: AYES, COUNCILMEN: S. R. Jumper, Glenn Helms, G. P. Wilson, J. C. McCain NOES, COUNCILMEN: None ABSENT COUNCILMEN. H. A. Robinson Dated this 10 day of February , 19 55 City Clerk and Ex- Officio Clerk. of the City Council, City of Newport Beach, State of California.