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HomeMy WebLinkAbout1348 '\ 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 ORDINANCE NO. /3// AN ORDINANCE OF THE MAYOR AND COllMON COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING THE ANNEXATION OF THE TER- RACE DISTRICT. WHEREAS, heretofore, on the ~ day of , 19~6, a petition was filed with the Mayor rifF <:t . and nOlllllon Counct,l of tUi Citv of San B"rna...dino, asking that the terrttorv hereinafter described be annexed to the City of San Bernardino; and WHEREAS, said petition described said territory pro- posed to be annexed to said City of San Bernardino; and WHEREAS, said petition was signed by not less than one-fourth in number of the qualified electors residing in said territory herein mentioned, as shown by the registration of voters of the County of San Bernardino, being the County in which said territory is situated; and WHERmAS, said territory is contiguous to the City of San Bernardino; and WHEREAS. thereafter, the Mayor and COlllllon Council of the City of San Bernardino did, / by Ordinance, call a special . // election and submit to the electors residing in said territory proposed by such petition to be annexed to the said City of San Bernardino, the question whether such territory shall be an- nexed to, incorporated in, and made a part of such municipal corporation; that said legislative body caused notice to be given of such election by the publication of a notice thereof in a newspaper of general circulation, printed and published in the City of San Bernardino, for ten consecutive days before the date of such election; and WllEREAS, said Ordina.nce was duly published in the ~4.-tf;; v~/W/) ( , a newspaper printed and published outside of such municipal corporation but in the County in -1- 1 2 3 4 5 6 7 a c 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .... which the territory so proposed to be annexed is situated, at least once a week for a period of four successive weeks next preceding the date of said election; and WHEREAS, such legislative body caused notice of such election to be given by the posting thereof in three public places within the territory so proposed to be annexed, at least four weeks preceding the date of said election; and WHEREAS, such notice did distinctly state the date of such election, the proposition to be submitted; that it is proposed to annex to, incorporate in, and make a part of such municipal corporation, the territory sought to be annexed, specifically describing the boundaries thereof; and WHEREAS, in addition to such description, such ter- ritory was also designated in said notice as "Terrace Dis- trict", the same being an appropriate name or words of identi- fication by which said territory was referred to and indicated upon the ballots used at said election at which the question of such annexation was submitted; and WHEREAS, the electors of such territory were direct- ed by such no~ice to vote upon such question; and WHEREAS, the Mayor and Common Council in said Or- dinance calling said election, did appoint officers for such election, consisting of two judges and one inspector, each of whom was a qualified elector of the voting precinct in which he was appointed to act as an officer of such election, and did designate the polling place for said election; and WHEREAS, the said Mayor and Common Council did cause to be furnished for use at said election, ballots containing the proposition to be voted on, and directed that if an elec t- or shall stamp a cross (x) in the voting square after the printed word "Yes", the vote of such elector shall be counted in favor of the annexation of the territory, referred to in -2- . , 1 the notice, to the City of San Bernardino, and if such elector 2 shall stamp a cross (x) in the voting square after the printed 3 word .No., the vote of such elector shall be counted against 4 such annexation; and 5 WHlSREAS, the ballots used at such election, the open- 6 ing and closing of the polls, and the holding and conducting 7 of such election was in conformity, as near as may be, with 8 the laws of the state of California. concerning general elec- 9 tions, except as otherwise provided by law; and 10 WHEREAS, the judges and inspector of said election, 11 immediately on the closing of the polls, counted the ballots, 12 made up and certified and sealed the ballots and tally sheets 13 o,f the ballots cast at their respective polling places, in 14 the manner provided by law, and did thereupon deliver the 15 ballots, tally sheets and returns to and deposited the same 16 with the City Clerk of the City of San Bernardino; and 17 WEEREAS, the said Mayor and Common Council did, on 18 the second day after said election, exclusive of holidays, the 19 said day being also the first regular meeting day of said 21 y Mayor and Common Council after the holiday of said election on>;f. said jfj/fit day OfrP~t.-:, . 1926, meet and proceed to ~ ;L. 20 22 canVQSS said returns and complete such canvass, and did, im- 23 mediately upon the completion of such canvass, cause a record 24 thereof to be made and entered upon its minutes, stating the 25 proposition submitted, ~d showing the whole number of votes 26 cast thereon in the territory proposed to be annexed, the nu~ 27 ber of votes cast therein in favor of annexation, and the num- 28 ber of votes cast therein against annexation; and 29 WHEREAS, it appears from the canvass of the returns 30 of such election that the whole number of votes cast therein 31 in the territory proposed to be annexed, was ~~ , votes; 32 that the whole number of votes cast therein in favor of annex- -3- ... I 1 ation was -'J/ o')oine+ af)"e"a~io<) WHEREAS. votes; and +\-te nurn'o..r at vote:;. co...-\- +ne~e\t) wa.,,; e \ va!,."" '5 " and the said City of San Bernardino had incurred 2 3 a bonded indebtedness for the acquisition, construction and 4 completion of municipal improvements; and 5 WHEREAS, the petition hereinbefore mentioned, which 6 was presented to the Mayor and COlllllOn Council of the said City, 7 did contain a request that the question to be submitted to the , ~ 8 electors residing...,the territory proposed by such peti tion to 9 be annexed to said City of San Bernardino, shall be whether 10 such new territory shall be annexed to, incorporated in, and 11 made a part of said municipal corporation, and the property 12 therein be, after such annexation, subject to taxation equally 13 wi th the property wi thin said City of San Bernardino to pay a 14 J'/ spec ified portion of such bonded indeb tedness of said Ci ty 0 f v 15 San Bernardino, outstanding at the date of the filing of said 16 petition; and such ~etition particularly referred to and men- 17 tioned and specified the indebtedness hereinafter particularly 18 mentioned in this Ordinance; and 19 WHEREAS, the notice of the election did distinctly 20 state the proposition to be submitted, to-wit: that it is pro- 21 posed to annex to, incorporate in, and make a part of said 22 City of San Bernardino, the territory sought to be annexed. 23 specifically describing the boundaries thereof, and that the 24 property therein shall, after such annexation, be subject to 25 taxation equally wi th the property wi thin such municipal 26 corporation to pay such speCified portion of the bonded in- 27 debtedness of such municipal corporation outstanding at the 28 date of said annexation. and represented by bonds of such 29 muniCipal corporation; and 30 WHEREAS, the said notice did distinctly specify the 31 impr ovement or impr ovement s for which said indebtedness was 32 so authorized, and did state the amount of said indebtedness -4- . ~ 1 already incurred, and the amount of said indebtedness reprs- 2 y sented by bonds and the maximum rate of interest payable; and, 3 whereas, the ballot at said election contained all of said 4 matters; 5 NOW, THEREFORE, the MllJI'or and Common Counci 1 of the 6 City of San Bernardino do ordain as follows: 7 8 9 10 11 12 13 14 15 16 17 18 19 G/ 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION ONE: That the annexation of the hereinaf- ter described territory, heretofore referred to in proceedings of the MllJI'or and Comnon Council of the Ci ty of San Bernardino as the "Terrace District", to the City of San Bernardino, a municipal corporation, be and the same is hereby approved; that said district hereinafter described be and the same is hereby annexed to the City of San Bernardino, a munioipal corporation, and upon completion of such annexation, the said district shall be subject to t~ation equally with property in the City of San Bernardino, to pay the following speCified portion of the bonded indebtedness of the said City of San Bernardino: Bonds for Public Convention Hall, amount outstand- ing. $1,7.,01)0~' , rate of interest, five per cent per annum, pllJl'able semi-annually. Said bonds are being paid in annual installments of $5,000.00, .tI~~ L"Vf J of said in- stallments being unpaid: Bonds for water works, consisting of Antil Ranch, rights of way, pipe lines, wells and pumping plant, amount outstanding, .~f(f1/)/) tU , rate of interest, four per cent per annum, payable semi-annuallY. Said bonds are being paid in annual installments of $1700.00, 9~veffj-e~h of said installments being unpaid; Bonds for water works, oonsisting of "Hubbard Water", rights of way, pipe lines, wells and pumping plant, amount outstanding, . Ii Q. 1. 75' qfl , . , , rate of interest, four per -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 l~~/ 20 21 22 23 24 25 26 27 28 29 30 31 32 " , cent per annum, payable semi-annually. Said bondS are being paid in annual installments of $4,075.00, S~teen of said in- stallments being unpaid; Bonds for Devil Canyon Water Works, consisting of rights of way, pipe lines, wells and pumping plant, amount outstanding, $ ~ t. < '2.. ,'-0 E!! , rate of interest, five per cent per annum. payable semi-annuallY. Said bonds are being 1Iri~,~)'fjl't paid in annual installments of $6,875.00, of said in- stallments being unpaid. Bonds for Fire Hall, amount outstanding, $54.000.00. rate of interest, five per cent per annum, payable semi-annual- ly. Said bonds are being paid in annual installments of $6,000.00, nine of said installments being unpaid. The territory herein referred to as being annexed to the City of San Bernardino, is particularly described as fol- lows, to-wi t: All that certain real property situate in the Coun- ty of San Bernardino. State of California, particularly de- scribed as follows, to-wit: Beginning at a point in the present corporate limits of the City of San Bernardino, California, said point being in the West line of Lot One (1) of Block Sixty-six (66), San Bernardino Rancho, as per plat thereof recorded in Book 7 of Maps, at page Two (2), Records of San Bernardino County, 150 feet North of the North line of Mill Street; thence Southerly along the present corporate limits of the City of San Bernar- dino to the center line of Mill Street; thence Westerly along the center line of Mill Street to a point 2518.86 feet East of the Soutnwest corner of Lot One (1) of Block ~inety-two (92), of said San Bernardino Rancho; thence North to a point 1096.90 feet North of the North line of Mill Street, said point being 1219.98 feet East of the East line of Pennsylvania -6- 'i,,;; .. 1 Avenue; thence West and parallel with the North line of Mill 2 street to a point 150 feet East of the East line of pennsyl- 3 vania Avenue; thence southerlY and parallel wi th the East 4 5 line of Pennsylvania Avenue to a point 765.60 feet North of the North line of Mill Street; thence westerlY and parallel 6 with the North line of Mill Street w a point 843 feet West of 7 the West line of Pennsylvania Avenue; thence North 5 degrees 8 42 seconds West, 143.5 feet; thence North 14 degrees 26 minutes 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 West, 735 feet; thence North 12 degrees 02 minutes West to the South line, extended East, of the North one-quarter of the South one-half of Section Seven (7), Township One (1) South, Range Four (4) West, San Bernardino Meridian; thence Westerly along the south line, extended East, of the North one-quarter of the South one-half of Section Seven (7), Township One (1) South, Range Four (4) West, San Bernardino Meridi~ the South line ~ the North one-quarter of the south one-half of Section Seven (7), Township One (1) South, Range Four (4) West, San Bernardino Meridian, and the South line of the North one-quar- ter of the South one-half of Section Seven (7), Township One (1) South, Range Four (4) West, San Bernardi~nded West, to a point 660 feet West of the West line of Meridian Street; thence North and parallel with the West line of Meridian Street to a point 150 feet North of the North line of Etiwanda Avenue; thence Easterly and parallel wi th the North line of Etiw~nd& Avenue and the North line of Etiwanda Avenue, extend- ed East, to the center line of the C~unty Highway, known as I--- Terrace Road; thence southeasterly along the center line of said County Highway, known as Terrace Road, to a point 150 feet North of tl~ North line of San Bernardino Avenue; thence East- erly and parallel with the North line of San Bernardino A~snue to a point 150 feet West of the Westerly line of Rancho Avenue; thence southwesterly and parallel with the Westerly line of -7- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ . " 1 Rancho Avenue to the Southerly line of San Bernardin~ Avenue; thence Easterly along the Southerly line of San Bernardino +Qe Avenue, and the Southerly line of Fourth Street to West line " of Lot Twelve (12), Block Twenty-four (24), of said San Ber- t/. nardino Rancho; thence Southerly along the West line of said Lot Twelve (12) of said Block Twenty-four (24) of said San Bernardino Rancho, to the Northerly line of the Atchison, Topeka and Santa Fe Railway Company's right of way; thence 2 3 4 5 6 7 8 9 Westerly along the NortherlY line of the Atchison, Topeka and Santa Fe Railway Company's right of way to the East line of Lot Two (2) of Block Ninety-three (93) of said San Bernardino Rancho; thence southerly along the Easterly lines of Lot Two (2) and One (1), of said Block Ninety-three (93), of said San Bernardino Rancho, to the Northerly line of the Pacific Elec- tric Railway Company's right of way; thence Easterly along } the Northerly 1i ne of the Paci fie Electric Railway Company's right of way to the West line of Lot Seven (7), of BlOCK twenty-five (25), of said San Bernardino Rancho, said West line of Lot Seven (7) being the present corporate limits of the City of San Bernardino; thence southerly along the West line of said Lot Seven (7), of said Block Twenty-five (25) of said San Bernardino Rancho, said line being the present cor- porate limits of the City of San Bernardino, to the Northerly line of Rialto Avenue; thence Easterly along the Northerly ~ line of Rialto Avenue, said Northerly line of Rialto~being the present corporate limits of the City of San Bernardino, to the West line, extended North, of Lot eight (8) of Block Sixty-six (66), of said San Bernardino Rancho; thence South- erly along the West line, extended North, of s~id Lot Eight (8) of said Bloc~ Sixty-six (66), of said San Bernardino Rancho, and the West line of said Lot Eight (8), of said Block Sixty-six (66), of said San Bernardino Rancho, said lines be- -8- 10 11 12 " ;- . 1 ing the present corporate limits of the City of San Bernardino, to a point 150 feet south of the South line of Rialto Avenue; thence Westerly and parallel with the South line of Rialto Avenue to the We ster ly line of Lot Seven (7), of Bloc k Sixty- six (66), of said San Bernardino Rancho;rthence Southerly along the Westerly line of Lots Seven (7), and Two (2), of said Block Sixty- six (66), of said San Bernardino Rancho,' to the North- easterly line of the Atchison, Topeka and Santa Fe Railway t~nce 0outQeas\erl) 9l"2.~:l-~ 1'Icr\~e<tS\.er'J ',irJe o~ the Mc\,i....r~a ...l5G.rt.fe i;'ai'''''J C'RlP1~ ~~I>+ 01- "''':1 Company's rl'"gJlt 0 f way;",to a, poi nt 150 feet Nor tli of he Nor th -line of Mill Street; thence Easterly and parallel with the North line of Mill Street to the pain t of beginning. 2 3 4 5 6 7 8 9 SECTION TWO: Said Mayor and Common Council hereby 13 find that all of the recitals contained in this Ordinance are 14 true. 15 SECTION THREE: This Ordinance shall take effect and 16 be in foro e from and aft er its passage and approval. 17 . SJOC:TroN FOUR: The City Clerk shall certify to the 18 passage of this Ord1nance, and cause the same to be publiShed for three consecutive times in the EVi!yt/n4' ~4'fr'd7?-? 1'1 a daily newspaper hereb,r designated for that purpose. I HEREBY CERTIFY THAT the foregoing Ordinance was 19 20 21 22 duly adopted by the Mayor and Common Council of the City of the~ 23 San Bernardino, at a regular meeting thereof, held on Q(! 7; 6..e r- day of Nevemeer, 1926, by the following vote, to-wit; 24 25 Ayes 17<;;, 7r"rY'// !foypY"S Ii~tlse Lc4'i Corrl~L Noes,&ln n e _ Absent ~77e. 26 27 28 29 30 City Clerk. 0. 1I$~. foregoing day of iav9 er, 1926. thiS~ 31 32 -9-