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HomeMy WebLinkAbout478 - Special Election - 10-31-1938ORDINANCE NO. 478 AN ORDINANCE OF THE CITY OF NEWPORT BEACH, CALI- FORNIA, ORDERING, CALL- ING, AND PROVIDING FOR, AND GIVING NOTICE OF, A SPECIAL ELECTION TO BE • HELD IN THE CITY OF NEW- PORT BEACH ON THE 31st DAY OF OCTOBER, 1938, FOR THE PURPOSE OF SUBMIT- TING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR B O N D E D INDEBTEDNESS BY SAID CITY FOR CERTAIN MUNICIPAL IMPROVE- MENTS. (e) The acquisition of lands to be used for public park purposes and automobile parking areas, the improving and beautifying of same, in- cluding the erection and con- struction of rest rooms and other public buildings, to be used for public purposes. The lands so to be acquired are located on the Ocean Front between Adams and "B" Streets in Balboa, City of Newport Beach. (f) The acquisition of a public street along the Ocean Front between Adams and "B" Streets, and the paving, curbing and protection there- of from the waters of the Pa- cific Ocean, including therein the acquisition of lands and rights of way, and other work incidental thereto. (g) The construction of a building for public uses in Corona del Mar, such build- ing to be used for recreational purposes and public meetings, and playgrounds, showers, lockers and equipment, in- cluding the acquisition of land and rights of way and other works incidental thereto. SECTION 3. That the estimat- ed cost of the proposed municipal improvement described in Section 2 hereof is the sum of five hun- dred thirty -three thousand ninety- two dollars ($533,092.00); that the amount of the principal of the in- debtedness to be incurred there- for is the sum of three hundred twenty -five thousand dollars i$325,000.00), and that the maxl- mum rate of interest to be paid on said indebtedness shall be five per cent (5 %) per annum, pay- able semiannually. That if the proposition for the incurring of said indebtedness so submitted receives the requisite number of votes, to wit, two - thirds of the votes of the quali- fied voters voting on said propo- sition, bonds of said city in not exceeding the principal amount stated in such proposition shall be issued and sold for the objects and purposes set forth herein. SECTION 4. That the polls for said election shall be opened at six o'clock A. M., of the day of said election. and shall remain open continuously from said time until seven o'clock P. M., of the same day, when said polls shall be closed; provided, however, that if at said hour of closing there are any voters in any polling place or in line at the door thereof who are qualified to vote, and have not been able to do so since appear- ing, the polls thereat shall be kept open a sufficient time to enable them to vote, but no one who shall arrive at any polling place after seven o'clock, P. M., of said day shall be entitled to vote al- though the polls may be open when he arrives. That on the ballots to be used at said special election, in addition to the other matters required by law, there shall be printed sub- stantially the following: Mark cross (x) on ballot ONLY WITH RUBBER STAMP; never with pen or pencil. INSTRUCTIONS TO VOTERS: To vote on any question, propo- sition or constitutional amend- ment, stamp a cross (x) in the voting square after the word "Yes" or after the word "No." All marks, except the cross (x) are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear, or deface this ballot, return it to the inspector of election and obtain another. 2: Shall the City of Newport Beach incur a bonded indebtedness in the principal sum of $325,000.00 in one bond issue for one gross amount for the acqui- sition and construction of the municipal im- provements hereinafter described as constitut- ing a City Plan? Said improvements consti- tuting said City Plan and to be acquired and constructed are des - edcribed as follows, to wit: (a) A group of buildings, in c h i d i n g equipment of same, on one parcel of land, in- cluding therein a city hall, police station and jail, and construction of streets, walks and other work incidental thereto, and the acqui- sition of rights of way and lands necessary or convenient for the use of said buildings. (b) Additions to the mu- nicipal water system, including therein fire protection, mains and hydrants, water works, aeration tanks, pump- ing plants and the ac- quisition of buildings and lands necessary or convenient therefor.(c) Additions to the mu- nicipal sewer system, including therein con- struction and recon- struction of sanitary sewers, underground pumping stations, and including the acquisi- tion of lands and rights of way, and other work incidental thereto. (d) The construction and reconstruction of a public wharf at New- port Beach, including therein the acquisition of lands and rights of way and other works incidental thereto .(e) The acquisition of lands to be used for public park purposes and automobile parking areas, the improving a n d beautifying of same, including t h e erection and construc- tion of rest rooms and other public buildings, to be used for public purposes. The lands so to be acquired are lo- cated on the Ocean Front between Adams and "B" Streets in Bal- boa, City of Newport Beach. (f) The ac- quisition of a public street along the Ocean Front between Adams and "B" Streets, and the paving, curbing and protection thereof from the waters of the Pacific Ocean, includ- ing therein the acquisi- tion of lands and rights of way, and other work incidental thereto. (g) The construction of a building for public uses in Corona del Mar, such building to be used for recreational purposes and public meetings, and play- grounds, showers, lock- ers and equipment, in- cluding the acquisition of land and rights of way and other works NO WHEREAS, the City Council of the City of Newport Beach, California, did, on the 28th day of September, 1935, by ^. vote of more than two - thirds of the mem- bers of said Council, adopt a Reso- lution No. 1422, entitled "A reso- lution of the City of Newport Beach, California, determining and declaring that the public in- terest and necessity demand the acquisition and construction by said City of certain municipal im- provements, and declaring the es- timated costs thereof, and mak- ing findings in respect of said costs," which said resolution was • duly signed and approved by the Mayor of said City and attested and certified by the City Clerk of said City; NOW, THEREFORE, the City Council of the City of Newport Beach does ordain as follows: SECTION 1. That a special election be held, and the same is hereby called to be held, in the City of Newport Beach on the 31st day of October, 1938, for the pur- pose of submitting to the qualified voters of said City the proposition ..- of incurring indebtedness and is- suing bonds of said City therefor, in the amount hereinafter set forth, and for the objects and purposes set forth in said reso- lution and hereinafter stated. SECTION 2. That the objects and purposes for which said in- debtedness is proposed to be in- curred and bonds issued therefor are as follows: The acquisition and con- struction by the City of New- port Beach of the following described municipal improve- ments constituting a City Plan: (a) A group of buildings, including equipment of same, on one parcel of land, includ- ing therein a city hall, police station and jail, and construc- tion of streets, walks and other work incidental thereto, and the acquisition of rights of way and lands necessary or convenient for the use of said buildings. (b) Additions to the mu- nicipal water system, includ- ing therein fire protection, mains and hydrants, water works, aeration tanks, pump- ing plants and the acquisi- tion of buildings and lands necessary or convenient there- for. (c) Additions to the mu- nicipal sewer system, includ- ing therein construction and reconstruction of sanitary sewers, underground pumping • stations, and including the ac- quisition of lands and rights of way, and other work inci- dental thereto. (d) The construction and reconstruction of a public wharf at Newport Beach, in- cluding therein the acquisition of lands and rights of way and other works incidental thereto. (e) The acquisition of lands to be used for public park purposes and automobile parking areas, the improving and beautifying of same, in- cluding the erection and con- struction of rest rooms and other public buildings, to be used for public purposes. The lands so to be acquired are located on the Ocean Front between Adams and "B" Streets in Balboa, City of Newport Beach. (f) The acquisition of a public street along the Ocean Front between Adams and "B" Streets, and the paving, curbing and protection there- of from the waters of the Pa- cific Ocean, including therein the acquisition of lands and rights of way, and other work incidental thereto. (g) The construction of a building for public uses in Corona del Mar, such build- ing to be used for recreational purposes and public meetings, and playgrounds, showers, lockers and equipment, in- cluding the acquisition of land and rights of way and other works incidental thereto. SECTION 3. That the estimat- ed cost of the proposed municipal improvement described in Section 2 hereof is the sum of five hun- dred thirty -three thousand ninety- two dollars ($533,092.00); that the amount of the principal of the in- debtedness to be incurred there- for is the sum of three hundred twenty -five thousand dollars i$325,000.00), and that the maxl- mum rate of interest to be paid on said indebtedness shall be five per cent (5 %) per annum, pay- able semiannually. That if the proposition for the incurring of said indebtedness so submitted receives the requisite number of votes, to wit, two - thirds of the votes of the quali- fied voters voting on said propo- sition, bonds of said city in not exceeding the principal amount stated in such proposition shall be issued and sold for the objects and purposes set forth herein. SECTION 4. That the polls for said election shall be opened at six o'clock A. M., of the day of said election. and shall remain open continuously from said time until seven o'clock P. M., of the same day, when said polls shall be closed; provided, however, that if at said hour of closing there are any voters in any polling place or in line at the door thereof who are qualified to vote, and have not been able to do so since appear- ing, the polls thereat shall be kept open a sufficient time to enable them to vote, but no one who shall arrive at any polling place after seven o'clock, P. M., of said day shall be entitled to vote al- though the polls may be open when he arrives. That on the ballots to be used at said special election, in addition to the other matters required by law, there shall be printed sub- stantially the following: Mark cross (x) on ballot ONLY WITH RUBBER STAMP; never with pen or pencil. INSTRUCTIONS TO VOTERS: To vote on any question, propo- sition or constitutional amend- ment, stamp a cross (x) in the voting square after the word "Yes" or after the word "No." All marks, except the cross (x) are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear, or deface this ballot, return it to the inspector of election and obtain another. 2: Shall the City of Newport Beach incur a bonded indebtedness in the principal sum of $325,000.00 in one bond issue for one gross amount for the acqui- sition and construction of the municipal im- provements hereinafter described as constitut- ing a City Plan? Said improvements consti- tuting said City Plan and to be acquired and constructed are des - edcribed as follows, to wit: (a) A group of buildings, in c h i d i n g equipment of same, on one parcel of land, in- cluding therein a city hall, police station and jail, and construction of streets, walks and other work incidental thereto, and the acqui- sition of rights of way and lands necessary or convenient for the use of said buildings. (b) Additions to the mu- nicipal water system, including therein fire protection, mains and hydrants, water works, aeration tanks, pump- ing plants and the ac- quisition of buildings and lands necessary or convenient therefor.(c) Additions to the mu- nicipal sewer system, including therein con- struction and recon- struction of sanitary sewers, underground pumping stations, and including the acquisi- tion of lands and rights of way, and other work incidental thereto. (d) The construction and reconstruction of a public wharf at New- port Beach, including therein the acquisition of lands and rights of way and other works incidental thereto .(e) The acquisition of lands to be used for public park purposes and automobile parking areas, the improving a n d beautifying of same, including t h e erection and construc- tion of rest rooms and other public buildings, to be used for public purposes. The lands so to be acquired are lo- cated on the Ocean Front between Adams and "B" Streets in Bal- boa, City of Newport Beach. (f) The ac- quisition of a public street along the Ocean Front between Adams and "B" Streets, and the paving, curbing and protection thereof from the waters of the Pacific Ocean, includ- ing therein the acquisi- tion of lands and rights of way, and other work incidental thereto. (g) The construction of a building for public uses in Corona del Mar, such building to be used for recreational purposes and public meetings, and play- grounds, showers, lock- ers and equipment, in- cluding the acquisition of land and rights of way and other works NO 0 0 • i • incidental thereto.(The estimated cost of such municipal i m p r o v e- ments is $533,092 and a portion of said cost will be paid by the United States of Amer- ica). A cross (X) stamped in the vot- ing square after the word "YES" shall be counted in favor of the adoption of the question or propo- sition. A cross (X) stamped in the voting square after the word "NO" shall be counted against the adoption of the question or proposition. SECTION 5. That for the pur- pose of holding said election there shall be and are hereby establish- ed four (4) consolidated voting precincts, designated as herein- after stated; that the polling places for the respective precincts shall be the places hereinafter designated, and that the persons hereinafter named, being com- petent and qualified electors and residents of said city and of their respective election precincts, are hereby appointed officers of elec- tion for their respective election precincts, and they shall hold said election and make return thereof in the manner provided by law. Consolidated Election Precinct No. 1 shall consist of the regular election precinct No. 1 as now es- tablished in the City of Newport Beach by the Board of Super- visors of the County of Orange for the holding of state and coun- ty elections. Polling Place: Roche's Garage, 127 30th Street, Newport Beach, California. Officers: Inspector: Mrs. Ann W. Rogers. Judge: Mrs. Sadie Roche. Clerk: Mrs. Winifred Barbre. Clerk: Mrs. Elizabeth C. Hess. Consolidated Election Precinct No. 2 shall consist of the regular election precincts Nos. 2 and 3 as now established in the City of Newport Beach by the Board of Supervisors of the County of Or- ange for the holding of state and county elections. Polling Place: City Hall, Newport Beach, Cali- fornia. Officers: Inspector: Israel Weiner. Judge: Mrs. Hannah M. Gillis. Clerk: Miss Lillian Linden - berger. Clerk: Mrs. Arline E. Jasper. Consolidated Election Precinct No. 3 shall consist of the regular election precincts Nos. 4 and 5 as now established in the City of Newport Beach by the Board of Supervisors of the County of Or- ange for the holding of state and county elections. Polling Place: Fire Station, Bay Avenue, Bal- boa, Newport Beach, Califor- nia. Officers: Inspector: Harold C. Ahrendt. Judge: Elgin E. Forster. Clerk: Mrs. Grace Crosier. Clerk: Mrs. Geneva E. Gage. Consolidated Election Precinct No. 4 shall consist of the regular election precincts Nos. 6 and 7 as now established in the City of Newport Beach by the Board of Supervisors of the County of Or- ange for the holding of state and county elections. Polling Place: Fire Station, Marine Avenue, Balboa Island, Newport Beach, California. Officers: Inspector: Ralph W. Sprague. Judge: Mrs. Edith B. Tait. Clerk: Mrs. Lorena B. Handy. Clerk: Mrs. Neils B. Norton. SECTION 6. That in all par- ticulars not recited in this ordin- ance, said election shall be held and conducted as provided by law for holding municipal elections in said city. SECTION 7. That the City Council of said city shall meet at their usual place of meeting in the City Hall on Monday, No- vember 7, 1938, at 7:30 o'clock, P. M., of said day, and proceed to canvass the election returns and declare the result of said election. SECTION S. That the City Clerk shall certify to the passage and adoption of this ordinance by a vote of more than two - thirds of all the members of the City Coun- cil of the City of Newport Beach, and to its approval by the Mayor, and shall cause this ordinance to be published once a week for two (2) consecutive weeks, in the NEWPORT BALBOA NEWS - TIMES, a newspaper of general circulation printed and published less than six (6) days a week in said city, and such publication of this ordinance shall constitute the notice of said election and no other notice of said election than the publication aforesaid shall be necessary. SECTION 9. This ordinance shall take effect upon its passage. ADOPTED, SIGNED AND AP- PROVED this 5th day of October, 1938. HARRY H. WILLIAMSON, Mayor of the City of Newport Beach, California. ATTEST: FRANK L. RINEHART, Clerk of the City of Newport Beach, California. (SEAL) State of California ) County of Orange ) ss. City of Newport Beach ) I, FRANK L. RINEHART, City Clerk of the City of Newport Beach, California, do hereby cer- tify that the foregoing ordinance was introduced at a regular ad- journed meeting of the City Coun- cil of said city, duly held on the 28th day of September, 1938, and thereafter at a regular adjourned meeting of said Council, duly held on the 5th day of October, 1938, duly passed and adopted by said Council, and signed and approved by the Mayor of said City, and that said ordinance was passed and adopted by a vote of more than two- thirds of the members of said Council, to wit: AYES: Councilmen Gordon, Claire, Whitson, Brown, William- son. NOES: Councilmen None. ABSENT: Councilmen None. FRANK L. RINEHART, Clerk of the City of Newport Beach, California. (SEAL) Pub. —Oct. 6, 11, 1938.