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HomeMy WebLinkAbout103 - Channel in Newport Bay• L Co' y RESOLUTION NO. 103 Ccl:y 1 A RESOLUTION OF THE CITY OF NEWPORT BEACH, A MUNICIPAL 2 CORPORATION OF THE SIXTH CLAS.,, INCORPORATED U.DER THE LAWS OF THE STATE OF CLAIFORNIA, A CITY OF THIS STATE WHOSE CORIORATE 3 LIMITS INCLUDED A NAVIGABLE BODY OF WATLR, TO -WIT: A PORTION OF NEWPORT BAY, A NAVIGABLE ARM. OF THE PACIFIC OCEAE, BY THE LEGISLATIVE BRArCH OF SAID CITY, BEING THE BOARD OF TRUSTEES 4 THEREOF, DETERDIP'ING AND DECLARING THAT THE PUBLIC II;TEREST AND 5 ALbO THE PUBLIC NECEbbITY DZ,ANDS THE COMPLETION OF A MUNICIPAL IMPROVEMENT IN THE CITY OF NEWPORT BEACH, TO WIT: 19 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 COMPLETION OF A CHATNEL BY FURTHER WIDENING, DEEPENING AhD STRAI HTENING THE CHAP,NEL OF YEWPORT BAY IN SAID CITY BY DREDGING THE SAME, THE SAID CHAIAN,L WHEN WIDENED, DEEPENED, STRAIGHTENED AT'D COMPLETED TO BE APIROXIMATELY 125 FT. IN WIDTH AND 10 FT. IN DEPTH AT LOW WATER OF THE IACIFIC OCEAN,AT.D TO EXTED.D FROM A POINT AT OR LEAR BULKHEAD STATION NO.121 AS SAID STATION IS LOCATED AND APiEARb UPON THE MAP SHOWI "G I'ARBOR LINES OF NEWPORT BAY, APPROVED BY THE WAR i�EPARTME2.T OF THE UNITED STATES 0., THE 18th DAY OF jANUARY,1917,SOUTHEAbTERLY PURSLIi G THE WAThRS OF LEWPORT BAY, AT.D b %lT:,IN THE CITY OF NEW- PORT BEACH, TO A POINT AT OR PEAR BULKrEAD STATION NO. lG %,AS SAID STATION IS IUCATED AND APPEARS UPON SAID MAP, BEING THE Si1ORh END OF A JETTY CUT:STRUCTED AT THE ENTRATCE TO NEWPORT BAY. THE,COMPEETION OF bA1D CIIAA:NEL IS NECESSARY AND COI':VEI:IENT TO THE ASTABLISHMET:T, IMPROVEMENT, CONDUCT APO MAINTE'"ANCE OF A HARBOR BY THL CITY OF NEWPORT BEACH IN NEWPORT BAY AID IS IN FUETHERANCE OF COMMERCE AiD NAVIGATION AND THE COMPLETION OF SAID MUNICIPAL IMPROVEMENT IS DECESSARY AND CONVED:IE.T TO CARRY OUT THE OB..ECTS, PURPOSES AND POWERS OF ThE CITY OF NEWPORT BEACH, THE COST OF WHCIHNUNICIPAL IMPROVEMEDT WILL Br. TOO GREAT TO BE PAID O;,T OF THE GRDIT ARY, ANNUAL ID:COM.E Ai D REI ENUE OF THE CITY OF NEWPORT BEACH. The Board of Trustees of the City of i\ewport Beach, a municipal corporation of the sixth cllss incorporated under the laws of the State of California, a city of this State whose corporate limits included a navigable body of water, as the legislative branch of said municipal corporation, does hereby resolve, determing and declare as follows: SECTION 1- Resolved that it is herby determined and declared by the Board of Trustees of the City of Newport Beach, as the legislative branch of said city, a city of this State whose corporate limits includes. a navigable body of water, to wit: a portion of Newport Bay, a navigable arm of the Pacific Ocean, that the public interest and also the public necessity demands the completion of a municipal improvement in the city of Newport -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 31 '32 • Beach, to wit; the completion of a channel by further widening, deepening and straig.tening the channel of Newport Bay in said city by dredging the same mom a point at or near Bulkhead station No. 121 as said station is located and appears upon the map showing harbor lines of Newport Bay, approved by the War Department of the Unfted States of the 16th day of January, 1917, southeasterly pursuing the waters of Newport Bay and within the city of Newport Beach to a point at or near Bulk- head station No. 107, as said station is located and appears upon said map, so that when said channel is widened, deepended, straightened and completed it will be approximately 125 ft. in width, and 1C ft. in depth at low water of the Pacific Ocean, and will extend from a point at or near Bulkhead station No. 121 to a point at or near Bulkhead station No. 1C7, all as said stations are located and appear upon the said map; the said Bulkhead station No. 107 being the shore end of a jetty constructed at the entrance to Newport Bay. The completion of said channel is necessary and convenient to the establishment, improvement, conduct, and maintenance of a harbor by the city of Newport Beach, in Newport Bay, and is if furtherance of commerce and navigation, and the completion of said municipal improvement is necessary and convenient to carry out the objects, purposes and powers of the city of New- port Beach. The use of the words "said channel" hereinafter in this Resolution is intedned to meat, shall mean, and at all times be construed to mean the municipal improvement to be completed and as described in Section 1 of this Resolution. SECTION 2- Resolved that it is hereby deter mined and declared that the estimated cost of the completion of said muni- cipal improvement, to wit: said channel, is and will be the sum of $65,CCO.00. -2- 1 SECTION 3 "- Resolved, that the completion of said municipal 2 improvement, to wit: said channel, is necessary and convenientt 3 to carry out the objects, purposes anc: powers of the city of 4 Newport Beach, and that the cost thereof will be too great to 'Alk 5 be paid out of the ordinary annual income and revenue of the city of Newport Beach. 6 SECTION 4- Resolved, that the objects andpurposes of the • 7 completion of said municipal improvement, to wit: said channel, 8 9 is to further deepen, widen, straighten, and complete the channi 10 of Newport Bay for the purposes of the establishment, improve - 11 ment, conduct and maintenance of a harbor by the city of New - 12 port Beach in Newport Bay and to further commermce and navi- 13 gation. 14 SECTION 5- Resolved, that in order that the city of New - 15 port Beach pay the cost of the completion of said municipal 16 improvement, to wit: said channel, the Board of Trustees of the 17 city of Newport Beach, as the legislative branch thereof, here - 18 by determines and declares that the public interest and also 19 the public necessity demands that the bonds of the city of 20 Newport Beach be issued and sold in the sum of 665,COO.00,which 21 is the estimated cost of the completion,of said channel, in 22 order to raise money which to complet the said municipal im- 28 provement, and for that purpose the Board of Trustees of the 24 city of Newport Beach shall, at a subsequent meeting offsaid 25 Board of Trustees, order the submission of the proposition of 28 incurring a bonded debt in the sum of $651000.001 to pay the 27 cost of the completion of said municipal improvement, to wit: 28 said channel, to the qualified voters of the city of Newport 29 Beach at an election held for thar purpose. 30 SECTION 6- Resolved, that all proceedings of the city of 31 Newport Beach, in the completion of said municipal improvement, 32 to wit: said channel, are and shall be u3der and in accordance • with an act of the legislature of the State of California, entitled: -3- 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 "An act authorizing the incurring of indebtedness by cities, towns, and municipal corporation for municipal im- provements, and gegulating the acquisition, construction, or completion thereof." (become a law under constitutional provision without Governor's approval, February 25th, 19011) and any and all acts and parts of acts that are amendatory thereof. And further by authority of an Act of the Legislature of the State of California, entitled: "An act granting to any city of the State whose dorporate limits include or bound upon any haroor, bay, estuary, or other navigable body of water, the power to improve the same and to establish, acquire, construct, imporve, and maintain in, upon and along the waters thereof works for use in connection therewith." (approved April 6, 1917, in effect July 27th,i11917.) The above and foregoing Resolution No. 1C3 was passed by the vote of more than two - thirds of all the members of the Board of Trustees of the city of Newport Beach, as the legis- lative branch thereof, at:-.a regular meeting of said Board of Trustees held on the 6th day of January, 1919, the said Res- olution being passed by the affirmative vote of the following named members of the Board of Trustees: AYES, TRUSTEES: J.P. Greeley. J.J. NOES, TRUSTEES: None ABbENT TRUSTEES: None Geo.P. Wilso The above ana lbregoing Resolution No. 163 having been this day passed by the votes of more than two - thirds of all the members of the Board of Trustees of the city of Newport Beach,I hereby approve the same this 6th day of January, 1918. President of the Board of Trus of the City of Newport Beach. ATTEST: J. Royal Lemon Clerk of the City of Neyiport Beach. -4- 1 10 0 E1 E 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. 1C'3 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 6th day of January , 19 19 by the following vote, to wit: AYES, COUNCILMEN: J.P. Greeley, J.J. Schmitken, Geo.P. Wilson J.C.McCain, L.J. Wilkinson NOES, COUNCILMEN: None ABSENT COUNCILMEN. None Dated this 5th day of April , 1955 4 -627�s Ci y Clerk and Ex- Officio Clerk ` of the City Council, City of Newport Beach, State of California.