HomeMy WebLinkAbout147 - Election Regarding Newport BayORDINANCE NO. 147.
A:9 ORDINANCE OF THE CITY OF
A:EVd PORT BEACH, A MUNICIPAL
CORPORATION OF THE SIXTH
CLASS, INCORPORATED UNDER
THE 'LAWS OF THE STATE OF
CALIFORNIA, A CITY OF THIS
STATE WHOSE CORPORATE
LIMITS INCLUDE A NAVIGABLE
BODY OF WATER, TO -WIT: A
PORTION OF NEWPORT BAVI A
NAVIGABLE ARM OF THE PA-
C'PiC OCEAN, ORDERING THE
LJ3LIISSION TO THE QUALI-
i FIED VOTERS OF THE CITY OF
NEWPORT BEACH THE ePROPO-
C:TION OF INCURRING A DEBT
FOR THE PURPOSE OF THE
COMPLETION IN THE CITY OF
P 2'. :!PORT BEACH OF A MUNICI-
PP.L IMPROVEMENT,. AS SET
FORTH IN RESOLUTION NO. 103
OF SAID CITY, TO -WIT:
THE COMPLETION OF A CHAN-
NEL BY FURTHER WIDENING,
DEEPENING AND STRAIGHTEN -
ING THE CHANNEL OF NEW -
PORT BAY IN SAID CITY BY
DREDGING THE SAME, THE
SAID CHANNEL WHEN WIDEN-
ED, DEEPENED, STRAIGHTENED
AND COMPLETED TO BE AP-
PROXIMATELY 125 FT. IN WIDTH
t.ND 10 FT. IN DEPTH AT LOW
V.'ATER OF'THE PACIFIC OCEAN,I
AND TO EXTEND FROM A POINT
!,7 OR NEAR BULKHEAD STA-
- ON NO. 121, AS SAID STATION
" OCATED AND APPEARS UP-
Oil TF:E MAP SHOWING HARBOR
:_!i!ES OF NEWPORT BAY, AP-
PROVED BY THE WAR DEPART -
":Z.NT OF 7HE UNITED STATES
O`: THE 18TH DAY OF JANUARY,
171 ?, SOUTHEASTERLY PURSU -�
li:C THE WATERS OF NEWPORT..
BAN, AND WITHIN THE CITY OF
N_WPO RT BEACH, TO A POINT
AT OR NEAR BULKHEAD STA-
Ti05: NO. 107, AS SAID STATION
I° LOC.ITED AND APPEARS UP-
Cid SAID MAP, BEING THE'
S.H02E END OF A JETTY COW'
C'l-nUCTED AT THE ENTRANCE
10 NEWPORT BAY.
CALLING A SPECIAL ELEC-
TION FOR THAT PURPOSE, RE-
CITING THE OBJECTS AND PUR -,
POSES FOR WHICH THE IN
:CEBTEDNESS IS PROPOSED TO
BE INCURRED, THE ESTIMATED
COST OF THE COMPLETION OF
THL PUGLIC IMPROV ;MENT,
AMO::NT OF THE PRINCI-
l'A'_ OF THE INDEBTEDNESS TO
CC INCURRED THEREFOR, AND
lPE RATE OF INTEREST TO BE'
PAID ON SAID INDEBTEDNESS,
FIXING THc DATE ON WHICH
SUCH SPECIAL ELECTION WILL
CE HELD, THE MANNER OF;
P.- -_DIYG SUCH ELECTION, ANDI.
7.-i- VOTING FOR OR AGAINST
:: -,E INCURRING OF SUCH IN-
CE3T- ONESS; AND PROVIDINGI
THAT IN ALL PARTICULARS
NOT RECITED IN THIS ORD]?
NAN''CE, SUCH ELECTION SHALL
BE HELD AS PROVIDED BY LAW
FOR HOLDING MUNICIPAL ELEC-
7ION3 IN THE CITY OF NEW-1
PORT BEACH..
l7:tereag, on the 13th day of Janu-
ar�, 1 ^19, at a regular meeting of the
'e,�!eL ^five branch of the City of New -
_'t Beach, to -wit: the Board of Trus - I
ie_s of said City, by, a vote of more" "
L:aa two - thirds of all the members of
acid Board of Trustees. there was
Passed, adopted and approved Resolu -'
Cnn No. 103 of said City, being a Res.
oiuti ^n determining and declaring
:.at Gw public interest and also the
`Wrri (.'' a. mnrni?al Improvement
- t: e City of Newport Beach, to -wit:
:ne c•..np'etion of a channel by fur -
,;:pr v''_'_aing' deepening, and straight-
-rng l:ie channel of Newport Bay in
sq!d City by dredging the same; the
said el.aanel when widened, deepened,
s:rai- htened and completed to be ap-
- rrti`.mat Ay 125 ft. in width and 10 ft.
'n depLh at low water of the Pacific
Ocean, and to extend from a point at
cr near Bulkhead Station No. 121, as
said Station is located and appears
anon the map showing Har(bor Linea
cf Newport Bay, approved lid the War
nepartment of the United States on
!be 18th day of January, 1917, south-
pursuing the waters of New -
nort Bay, and within the City of New
" vort Beach, to a point at or near Bulk-
head Station No. 107, as said Station
is located and appears upon said map,
being the shore end of a jetty con-
structed at the entrance to Newport
Bdy.
Now therefore, at this, a subsequent,
meeting of said Board of Trustees of
the City of Newport Beach after the
passage, adoption and approval of
said Resolution No. 103:
The Board of Trustees of the City
of Newport Beach do ordain as fol-
lows:
Section 1. It having been 'deter-
mined and declared by Resolution No
103 of the City of Newport Beach,
passed; adopted and approved by the
vote of more than two- thirds of all,
tlhe member of the legislative branch
o`, said City, to -wit: the Board of Trus-
tees thereof, that the public interest
and also the public necessity demands
the completion in the City of Newport
Beach of a municipal improvement,
to -wit:
The completion of a channel by fur-
ther widening, deepening and straight-
ening the channel of Newport Bay in
said City by dredging the same, the
(said channel when widened, deepened,
straightened and compieted to be ap-
proximately 125 ft. in width, and TO
ft. in depth at low eater of the Pacific
Ocean, and to extend from a point at
or near Bulkhead Station No. 121, as
said Station is located and appears
upon the map showing Harbor Lines
Iof Newport Bay, approved by the War.
Department -of the United States on
the 18th day of January, 1917, south-
easterly pursuing the waters of New -
;port Bay and within the City of New-
port Beach to a point at or near B(tlk-
head Station No. 107, as said Station
is located and appears upon said map,
being the shore end of a jetty con-
structed at the entrance to Newport I
Bay; in order to carry out the objects,
purposes and powers of the City of
Newport .Beach, the cost of the com-
pletion of which municipal Improve-
ment will be too great to be paid out
of the ordinary annual income and
revenue of the City of Newport Beach.
It is further determined and de-
clared that the use of the word "chan-
nel" hereinafter yin this Ordinance
shall mean and shall at all times be
construed to mean the said municipal,
improvement to be completed and as
described in said Resolution No. 103
and defined and described in this sec-
tion of this Ordinance.
It is hereby determined that the
Board of Trustees of the City of New-
port Beach propose to incur a bonded
,debt to pay the cost of the completion
of said municipal improvement, to-
wit: said channel, and to issue and
sell bonds of the city of Newport
,Beach to pay the cost of the comple-
tion thereof.
Section 2. The objects and pur-
poses for which the indebtedness is
proposed to be incurred is to pay the
pal improvement in the City of New-
port Beach, to-wit: said channel, for
the purposes of further widening,
deepening anal straightening the chan-
-nel of Newport Bay, and to complete
the same, which is necessary and con-
venient to the establishment, im-
provement, conduct, and maintenance
of a harbor by the City of Newport
,Beach in Newport Bay, and for the
furtherance of commerce and naviga - L
tion, and the completion of said mu-
Inicipal improvement being necessary
land convenient to carry out the ob -I
.
Ijects, puraposes and powers o£ the City.
of Newport Beach.
:action 3. The cost of the comple -I
tion of said municipal improvement,
'to-wit: said channel, is estimated to
!be $65,000.00, and the amount of the
principal of the indebtedness to be in-
curred therefor is the sum of $65,000:
00, which sum is and will be too great
to be paid out of the ordinary annual
income and revenue of the City of
Newport Beach.
Section 4. The rate of'tinterest to,
be paid on the said principal of the in-
debtedness of $65;000.00, which it is
proposed to be incurred is hereby fix-
. ed at five and one -half per cent
(5% %) per annum and the said Inter-
est at said rate shall be paid. semi -an-
nually.'
Section 5. The Board of Trustees
,of the City of Newport Beach hereby
orders the submission of the proposi-
tion of incurring a bonded indebtedness
in the sum of $65,000.00 for the pur-
poses set forth in said Resolution No.
103, and in this Ordinance llereinbe-
]fore mentioned and described, being
{ the completion of said municipal im-
1 provement, to-wit: said channel, to
the qualified voters of the City of
Newport Beach, and for (that purpose
an election ie hereby called to be held
" at and within the City of Newport
Beach on Tuesday, the 25th day of
February, 1919, which day Is hereby
( fixed as the date on which said eleo -!
Y tion shall be held. The said election `
shall be a special election.
Section 6. At the special election
called to be held and.provided for by
Section 5 of this Ordinance there
shall be and is hereby submitted to
the qualified. voters of the City of
Newport Beach the proposition of im
curring a bonded debt by the City of
. Newport Beach In the sum of $65,-
000.00 with which to pay tile cost of
the completion of the hereinbefore
mentioned and described municipal'
improvement, to -wit: said channel,
the said municipal improvement be-
ing necessary and convenient to carry
out the objects, purposes . and powers
of the City of Newport Beach.
Section 7. The manner of holding
such swelal election and the voting
for or against incurring said indebt-
edness shall be as follows:
The proposition of Incurring a bond-
. ed debt and the issuance of the bonds
of the City of Newport Beach for the
completion of said municipal im-
provement, to -wit: said channel, in
I the sum of $65,000.00, shall be sub -
:Imitted to the qualified voters of the
City of Newport Beaelt by printed bal-
lot, and the ballots used at said .spec-
.ial election, except as otherwise pro-
vided for in this Ordinance, shall be
prepared, printed, furnished and dis-
tributed as provided by law for pre-
paring, printing; .furnishing and dis-
tributing ballots at municipal elec -1
1�-
y
i-
5
i
`i
tions in the City of Newport Beach. I
Each ballot shall have printed
on
the back thereof the words: I
MUNICIPAL TICKET BOND EL61C'
TION I
CITY OF NEWPORT REACH
And on the top of the face of the
ballot the following instructions to
voters shall be printed:
INSTRUCTIONS TO VOTERS:
To vote in favor of the proposition
stamp a cross (X) in the voting square
at the right of the word "YES" fol-
lowing the proposition to be voted
upon. To vote against the proposi -
tion stamp a cross (X) in the voting I
square at the right of the word "NO"
following the proposition to be votedl
upon. i
ALL MARKS EXCEPT THE CROSS
(X) ARE FORBIDDEN. ALL DIS -�
TINGUISHING MARKS OR ERA -II
SUES ARE FORBIDDEN AND
:MAKE THE BALLOT VOID. If you,[
WRONGLY STAMP. TEAR. OR DE-1
FACE THIS BALLOT return it to the
Inspector of election and obtain an -!
other.
There shall be further printed on
the face of each of said ballots the
following: 1'
PROPOSITION
Shall the City of Newport
Beach incur a bonded debt
and issue and sell its bonds to YES
complete the channel in New- '
port Bay in the sum of $65.
000.00?
Shall the City of Newport
Beach incur a bonded debt
and issue and sell its bonds to NO
complete the channel in New-
port Bay in the sum of $65,-
000.00?
Section 3. For the purpose of said
special election the City of Newport
Beach is hereby divided into two spec-
ial election precincts to be and they
are hereby numbered Special Else
tien Precinct No. I and Special Else -•
tion Precinct No. 2. Special Election I
Precinct No. 1 shall embrace all that
portion of the City of Newport Beach
lying northwesterly of the following
described line:
Commencing at the -point of inter-
section of the center line of 15th St.
extended northeasterly with the north-
erly city limits of said City, thence'
southwesterly along said extended,
center line and along the center line'
of 15th Street and along said center
lips of 15th Street extended south-
westerly to an intersection with the
southerly boundary line of said City.
Special Election Precinct No. 2 shall
embrace all that portion of the City
of Newport Beach lying southeasterly
,of the following described line:
i Commencing at the point of inter-
section of the center line of 15th St.
extended northeasterly with the north-
erly city limits of said City. thence
southwesterly along said extended
center line and along the center line
of 155th Street and along said center
line of 15th Street extended south-
westerly to an intersection with the
southerly boundary line of said City.
Said special election shall be held
in said special election precincts Nos.
I1 and 2 at the polling places herein-
after named and designated:
The polling place for Special Else.
[ion Precinct No. 1 is established at
the westerly ground floor room of the
ibuilding occupied by the City of New.
port Beach ns a City Hall.
i The pollin3 place for Special Elec-
tion Precinct No, 2 is established at
the building at Balboa. used by the
I City of Newport Beach as a Fire Hall.
I The following named persons, each
of whom is a qualified elector of the i
special election precinct in which lie,
.is appointed. are hereby appointed asi
:a Board of Election to hold, conduct
and make return of said special elec-
tion for that precinct. said Board of
Election in each precinct to consist
of two inspectors, two judges and two
clerics, each of said persons shall re-
ceive for his services as an election
officer the sum of $4.00 lawful money
of the United States.
Special Election Precinct No. 1:
Inspector. David C. Winans.
Inspector, Arline E. Jasper.
Judge. Henry P. Starck.
Judge. Joseph H. Utz.
Clerk. Enos C. Kersey.
Clerk, Emma B. Smith.
Special Election Precinct No. 2:
Inspector. M. L. Orcutt.
Inspector. John D. Stark.
r Judge. Thomasine P. Wilson.
iJudge. Chloe L. Wilson.
Clerk. Floyd E. Gage.
Clerk. Dollie Cubbon.
Section 9. The polls at the polling
places hereinbefore designated and es-
�tablislied in said Special IEection Pre-
: cincts Nos. 1 and 2 must be opi nq.d at
six o'clock A. M. of the day of elec-
tion. and must be kept opened until
'seven o'clock P. M. of the same day.
]when the polls shall be closed. ex-
cept as provided in Section 1164 of
!the Political Code of the State of Cal-
ifornia.
iSeetion 10. In all particulars not
recited in this Ordinance said special
.election shall be held and conducted
.as'Provided by law for holding munic-
ipal elections in the City of Newport
Beach.
Section 11. Any qualified voter
may at said special election vote in
: f -vor of the proposition submitted by
'stamping a cross (X) on his or her,
ballot in the voting square at the right
of the word "YES" following the prop.
osition voted upon. and any qualified
voter may vote against the proposition
submitted by stamping a cross (X)
on his or her ballot in the voting
square at the right of the word "NO"
following the proposition voted upon.
Section 12. If any voter at said
special election shall have stamped a'
cross (X) in the voting square at the
'right of the word "YES" following the
Proposition voted upon his or her bal-
lot shall be counted in favor of the is -'
seance of the bonds mentioned in said
proposition: and if he or she shall
have stamped a cross (X) in the vot-
ing square at the right of the word
"NO" following the proposition voted
upon. his or her ballot shall be count -
ed against the issuance of'the bonds)
mentioned in said proposition.
Section 13. If at said special elec.
tion two - thirds or more of all the vot-
ers voting thereat shall have voted hi
favor of the
proposition of incurring a
bonded debt by the City of Newport
Beach and the issuance of the bonds
thereof in the sum of $65,000.00 for
the completion of said municipal Its.'
Drovement. to -wit: said channel, then
the bonds of the City of Newport
Beach shall be issued and sold by the
Board of Trustees of said City in the
sum of $65.000.00 for said purpose:
but none of said bonds shall be sold
for less than their par value, and the
proceeds of such bonds shall be placed
in the municipal treasury of the City
of Newport Beach to the credit of the
Channel Completion Fund. and shall
be applied exclusively to the purpose
and objects mentioned in this Ordi-
nance.
Section 14. The bonded indebted-'
iiess in the sum of $65.000.00 shall be I
evidenced by ninety -six (96) bonds,
sixty -four (64) of said bonds shall be
In the denomination of $1.000.00 each.
and thirty -two (32) of said bonds shall
be in the denomination of 'y31.25 each:
numbered consecutive y from 1 to -96.
both inclusive. and each third number -1
ed bond shall be a bond in the denom -; '
inatiou of $31.25.
All of said bonds shall be dared the
1st day of April. 1919. and shall hear]
Interest at the rate fo 5i& per an-
num from said let day of April. 1919,.
and the interest shall be evidenced by
interest coupons attached to said:
bonds. and said interest coupons shall;
be numbered .consecutively. j
Section 15. The bonds she!! be
signed by the President of the Board I
of Trustees of the City of Newport!
Beach. also signed by the Treasurer!
thereof. and countersigned by the 1
Clerk. The interest coupons of said !
bonds shall be signed by the Treasurer.
Thereafter said bonds shall be paid)
as follows: commencing on the 1st dry
of April. 1920. Bonds Nos. 1 and 2,'
each in the denomination of $1,000.00.,
and Bond No. 3. in the denomination:
of $31.25. sliall be paid. ayd annually
thereafter on the tat day of April
three of said bonds, two in the demmm-
ination of $1.000.00 and one in the de
nomination of $31.25. in successive nu.
merical order. shall be paid. making]
an annual payment of $2,031.'' ?5 on the!
principal of said indebtedness. they
- same being not less than one - fortieth j
part of the amount of such principal
of the indebtedness.
The interest on said bonds sha:l be
Ipaid as follows: the first instalment
of interest on October lot. 1019. and
semi - annually thereafter on the first
day of April and the first da.y of Octo-
her in each year until all of said bands,
both principal and interest. shall have
been well and truly paid in gold cola
of the United States. Both the princl-
pal and interest of said bends shall
be paid at the office of the Trea Furer
of the City of Newport Beach In s.. ^.id
City. County of Orange. State of Cali
fornia.
Section 16. The indebtedness of
$65.000.00 which it is proposed hereby
to incur, together with all other in-
debtedness heretofore incurred by the
I City of Newport Beach. will not in tho
aggregate exceed fifteen per cenhun
of the assessed value of all the real
and personal property of the City of
Newport Beach.
I Section 17. Al] proceedings had
-under this Ordinance and the issuance;
and sale of the bonds therein proposed
to be issued shall be had in accordpnce'
with an Act of the Legislature of the.
State of California. entitled. "An Act!
authorizing the incurring of Indebted-:
ness by cities, towns and municipall
corporations. for municipal improve -!
ments, and regulating the acquisition,
construction or completion thereof."
(became a law under constitutional
;provision without Governor's approval
Feb. 25. 1901) and any and all acts:
and parts of acts thatare amendatory.
thereof.
The money to be raised by the solo, !
of the bonds therein proposed to be.
Issued being for a purpose authorfzad
by an Act of the Legislature of the
lState of California. entitled: "An Act,
granting to any city of the Stnte whose'
)Corporate limits include or bound upon i
any harbor, bay. estuary. or other nav
'•!gable body of water. the power to '
)improve the same and to establish. ae -'
quire. construct, improve and main-
tain in. upon. and along the waters:
thereof works for use in connection'
i therewith." (approved April 6Eh.1
�SD
1917, in effect July 27th, 1917.)
Section 18. There being no news-
paper published in the City of New-
port Beach at least six days a week,
therefore the Cleric of the City of New-
port Beach is hereby ordered and di-
rected to publish this Ordinance No.
147 in the NEWPORT NEWS, a week-
ly newspaper published in the City of
Newport Beach less than six days a'
week, to -wit: published therein once
a week, by one. insertion in said NEW-
PORT NEWS each week for two suc-
ceeding weeks, and this Ordinance
and the publication thereof as provid-
ed for in this Section shall constitute
a notice of said special election, and
no other notice of said special election
need be given.
Section 19. This Ordinance being
an Ordinance calling and otherwise
relating to an election the same shall
go into effect and be in force from and
after its final ,passage.
The foregoing Ordinance No. 147
was passed at a regular meeting of
the Board of Trustees of the City'of
,Newport Beach, as the legislative
branch thereof, held on the 20th dayl,
]of January, 1919, by the vote of more
than two- thirds of all the members of
said Board of Trustees, and on said
day was signed and approved by the
President of the Board of Trustees of
said City, the said Ordinance being
passed by the affirmative vote of the
following named trustees:
'Ayes— Trustees J. P. Greeley, J. J.
iSchnitker, J. C. McCain, L. S. Wilkin-
son.
Noes —None.
Geo.,P. Wilson
The above and foregoing Ordinance
No. 147 is signed and approved by me
this 20th day of January, 1919.
J. P. GREELEY,
President of the Board of Trustees,
City of Newport Beach.
Attest: J. ROYAL LEMON,
Cleric of the City of Newport Beach.
(SEAL)
I, J. Royal Lemon, the duly elected,
qualified and acting Clerk of the City
of Newport ,Beach, do hereby certify
that the whole number of the mem-
bers of the Board of Trustees of the
City of Newport Beach is five (5) aad
that the foregoing 'Ordinance No. 147
was adopted and passed by said Board
of Trustees at a regular meeting
thereof held on the 20th day of Jahr-
ary, 1919, by the following named
members of said Board of Trustees:
That each of said persons is and'
was at said time a duly elected, qual-
ified and acting member of said Board
of Trustees and that the said members
voting 'for said Ordinance No. 147
constituted- 'mora�than:— tayo;thicde of
all" thCmembers thereof.
That on the 20th day of January,
1919, J. P. Greeley was and is the duly
elected, qualified and acting President
of said Board of Trustees, and on said
day he signed and approved the said
Ordinance. -
In Witness Whereof, I have hereun-
to affixed my officiaPsignature and at-
tested the same with the Seal of the
City of Newport Beach this 20th day
of January, 1919.
(SEAL) J. ROYAL LEMON,
Clerk of the City of Newport Beach.
Jan. 24, 31, Feb. 7, 1919
I,J.Royal Lemon, Clerk of the City of
certify that tho foregoing Ordinance No,147 is
of an ordinance passed by the Board of trustees
on the 20th day of January 1919, and that same
according to law.
Newport Beach, do.hereby
a true and correct copy
at a regular meeting hell
was printed and publishe