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HomeMy WebLinkAbout84 - Special Election for Uninhabited Territory2 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 30 RESOLUTION NO. 84 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY OF NEWPORT BEACH, A MUNICIPAAITY, AS THE LEGISLATIVE BRANCH OF SAID CITY, SUBMITTING TO THE ELECTORS OF SAID MUNICIPALITY THE QLESTION OF THE EXCLUSION OF CERTAIN UNINHABITED TERRITORY THERE* FROM, CALLIN:. A SPECIAL ELECTION FOR THAT PURPOSE, FIXING THE DATE OF SAID ST-ECIAL ELECTION, DESIGNATING VOTING PRECINCTS, APPOINTING OFFICERS OF SUCH SPECIAL ELECTION ATID DIRECTING THE PUBLICATION OF NOTICE. Whereas, on the first day of October, 1917, there was received by the Board of Trustees of the city of Newport Beach, as the legislative body of said municipal corporation, a written petition proposing that the boundaries of the city of Newport Beach be altered and that certain uninhabited territory be ex- cluded therefrom, which written petition contained a description of the uninhabited territory proposed to be excluded fromsaid city of Newport Beach, and was signed by not less than one -tenth in number of the qualified electors of such municipla corporation computed upon the number of votes cast at the last general muni- cipal election field therein; and Whereas, the Board of Trustees of the City of Negyport Beach did thereafter,and without delay, to -wit: - on the 2nd day of October, 1917, notify the Board of Supervisors of the County of Orange, California, that being the County in whcih the city of Newport Beach is located, of the fact of the filing of said petition, and Whereas, the Board of Supervisors of Orange County, Californ upon receipt of said notification, caused a notice thereof to be published and notive was published in the County of Orange for a period of a least five successive days in a daily newpaper published therein, to -wit: EVENING BLADE, which said notice as published set forth the description of the land sought to be excluded from the city of Newport Beach, and announced the time and place when and where objections to said excluded would be heard; and Whereas, no person or persons owning any land sought to be excluded filed a written remonstrance with the said Board of Supervisors, nor at the time specified in said notice objected to or remonstrated against the exclusion of said uninhabited territory, or any part thereof, and Whereas, no person or persons owning any land sought to be excluded or any other person or persons remonstrated a gainst or objected to the exclusion of said uninhabited territory, or any part thereof, from the city of Newport Beach; and Whereas, the Board of Supervisors of the County of Orange, California, did thereafter, to -wit: on the 7th day of November 1917, b a resolution consent of the exclusiong of said unin- habited territory by the city of Newport Beach: Now therefore, the Board of Trustees of the city of Newport Beach do hereby determine,resolve and declare as follows:- Section 1- There shall be submitted and is hereby submitted to the electors of the city of Newport Beach the question whether or not that certain uninhabited territory located and existing within the present municipal boundaries of the city of Newport Beach and proposed to be excluded shall be excluded therefrom; the said uninhabited territory described in the said petition, -1- 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 32 T r, f', ..A received by the Board of Trustees of the city of Newport Beach on the first day of October, 1917, and the exclusion of which was consented to by Resolution of the Board of Supervisors of the County of Orange,California, on the 7th day of November, 1917; and which uninhabited territory is described as follows, to -wit:- Located in the city of Newport Beach, County of Orange, State of California, more particularly described as: Coumencing at the point of intersection of the East Boundary line of the Rancho Los Bolsas, which line is also the present westerly boundary line of the city of Newport Beach, and the north bank of the Santa na River, the said point being between Stations sixty- seven(67) -and sixty- eight)68) of the above mentioned boundary line of the RanchoLos Bolsas; thence south- westerly along the easterly bondary line of the Rancho Los Bolsas and the presnt westerly boundary line of the city of Newport Beach to a point where the southwesterly prolongation of the easterly line of Summit Street, as said street is laid out and shown on a Map of the Seashore Colony Tract, as recorded in Maps Book 7, page25, Records of Orange County, California, intersects the present westerly boundary line of the city of Newport Beach; thence northeasterly along the southwesterly prolongation of the easterly line of said Summit Street and along the easterly line of said Summit Street and along the northeasterly prolong- ation said easterly line of said Summit Street to a point at the intersection with the north bank of the Santa Ana River and the presnet northerly boundary line of the city of Newport Beach; thence westerly along the north bank of the Santia Ana 1liver and the northerly boundary line of the city of Newport Beach to a point, the place of beginning. Section 2. Such question shall be submitted at a special election to be held for that purpose, and for the purpose cf the submission to the electors of the city of Newport Beach the said question a special election is hereby called and ordered to be held at and with- in the city of Newport Beach on Monday, the 24th day of December, 1917, Section 3. For the purpose of holding said special election called and ordered to be held by Section 2 of this Resolution, two voting precincts are hereby established and d6signated as voting precinct No.l, and voting precinct No. 2, as follows:- Voting precinct No.l shall embrace all of 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 Street extended northeasterly with the northerly city limits of said city, thence southwesterly along said extended center line and along the center line of 15th Street and along said center line of 15th Street extended southwesterly to an intersection with the southerly bourdary line of said city. Voting precinct No. 2 shall embrace 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 Street extended northeaste rly with the northerly city limits of said city, thence southewesterly along said extended center line and along the center line of 15th Street and along said center line of 15th Street extedned southwesterly to an intersection with the southerly boundary lire of said city. -2- 1 2 3 4 5 6 ii, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 In and for each ofsaid voting precincts a polling place or a place atcwhich the polls will be open therein are hereby established and designated as follows: - Voting precinct No. 1 Polling place,- westerly ground floor room of the building occupied by the City Hall. Voting precinct No. 2 Polling place,- the building occupied and used as a Fire Hall at Balboa. Section 4.- Officers of election is and for each of said voting precincts arehereby appointed to hold, conduct and make returns of said special election, which officers of election are and each of them shall be qualified elector of the city of Newport Beach and of the election precinct for twidhh they are appointed, and shall be as follows: - Voting Precinct No. 1 David Winans Judge 28 Terrell Jasper Judge 29 Hugh Mc Millan Inspector 30 Voting Precinct No. 2 F.W. Beckwith Judge 31 Judge 32 In and for each ofsaid voting precincts a polling place or a place atcwhich the polls will be open therein are hereby established and designated as follows: - Voting precinct No. 1 Polling place,- westerly ground floor room of the building occupied by the City Hall. Voting precinct No. 2 Polling place,- the building occupied and used as a Fire Hall at Balboa. Section 4.- Officers of election is and for each of said voting precincts arehereby appointed to hold, conduct and make returns of said special election, which officers of election are and each of them shall be qualified elector of the city of Newport Beach and of the election precinct for twidhh they are appointed, and shall be as follows: - Voting Precinct No. 1 David Winans Judge Terrell Jasper Judge Hugh Mc Millan Inspector Voting Precinct No. 2 F.W. Beckwith Judge C.L. Lancaster Judge Arthur Garrison Inspector Section 5.- The judges and inspectors of sixth special election shall immediately upon closing of the polls in their respective voting precincts count the ballots, make up and certify the returns of the ballots cast at their respective polling places in the manner provided in the laws of this State, and deposit all of said returns with the Clerk of the city of Newport Beach. Section 6.- All proceedings had under this resolution in- cluding the holding of the said special election sahll be had, done, and performed pursuant to and in accordance with an act of the legislature of the State of California, entitled: "An act to provide for changing the boundaries of cities and muni- cipal corporations, and to exclude uninhabited territory there- from." (Approved June 11, 1913) Section 7.- Notice of the special election called and ordered to be held by Section 2 of this Resolution shall be published in the NEWPORT NEWS, a newspaper printed, published and circulated in the city of Newport Beach and said notice shall be published in said P.EWPORT NEWS at least once each week for a period of two weeks, next preceeding the date fixed for said special election; the said notice of said 61ection shall state that it is proposed to exclude the territory sought to be ex- cluded from the city of Newport Beach and invite the electors of said city to vote upon such propostion by placing a ctoss(X) upon the electors ballot opposite the words "For Exclusion" or the words "Against exclusion" to indicate whether they vote for ar against the exclusion of such territory. In such Notice the territory sought to be excluded my be generally described in such a manner as to appraise the voters of the particular land or territory sought to be excluded, and shall designate the vottirg precincts and places at which the polls will be opened in said city; said Notice of Electors shall be signed by the Clerk of the city of Newport Beach; -3- 1 2 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 u`1 Section 8.- The Board of Trustees of the city of Newport Beach, as the legislative body thereof, shall, at the time provided for its regular meeting next after the returns of said election are filed with the Clerk of said city, meet and pro- ceed to opne and canvass the said returns, and immediately upon the completion of said canvass cause a report thereof to be made and entered upon its minutes, showing the whole number of votes cast, and the number cast in favor of exclusion, ai-d the number cast against exclusion. If it shall appear from such canvass that a majority of votes cast is in favor of exclusion, then the Clerk of the city of Newport Beach shall make up and certify under the Seal thereof and transmit to the Secretary of State of the State of California, and to the Board of Supervisors of the County of Orange, in which the city of Newport Beach is located, a copy of said report, together with a statment showing the date of said election, and the time and result of said canvass; from and after the date of filing of said document in the office of the Secretary of State and the office of the Board of Supervisors of the County of Orange, the exclusion of such territory,so proposed to be excluded, mnd hereinbefore in this Resolution described, shall be deemed and shall be completed and thence- forth such excluded territroy shall cease to be a part of the city of Nev.port Beach for all intents and purposes; provided that such excluded territory shall not be relieved in any manner whatsoever from any liability for any debt contracted by the city of Newport Beach prior to such exclusion. And the city of Newport Beach shall hereafter levy and collect from the territory so excluded such sums fo money as shall b e due from said territory on account of its just proportion of liability for any payment on the r.rincipal and interest of such debt. The above and forgoing Resolution No.84 was passed and adopted by the Board of Trustees of the city of Newport Beach at a regular meeting thereof held on the 19th day of November, 1917, and onsaid day approved by the President of said Board of Trustees; the said Resolution being adopted by the affirmative vote of the following named members of the said Board of Trustees AYES, TRUSTEES:H.A. Robinson, J.J. Schnitken, Geo.P. Wilson, M NOES, TRUSTEES: None ABSENT TRUSTEES:None The above and foregoing Resolution No. 84 is approved by me this 19th day of November, 1917. ATTEST: President of the Board City of Newport Beach. J. Royal Lemmon Clerk of the city of Newport Beach. -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF NEWPORT BEACH) I, C. K. PRIESTS 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. 84 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 19 day of November 9 1917 , by the following vote, to wit: AYES, COUNCILMEN: H. A. Robinson, J. J. Schnitker, Geo. P. Wilson, J. C. McCain NOES, COUNCILMEN: None. ABSENT COUNCILMEN: None Dated this 25th day of March 9 X955 City Clerk an Ex-Officio Clerk of the City Council, City of Newport Beach, State of California.