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HomeMy WebLinkAbout1384 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 !~.~L.~ !"~u ,\~ I ORDINANCE NO. 2 AN" ORDINANCE OF TH]~ IJLKfOR A1\Tl) C OMl'lON COUNCII. OF THE 3 CITY OF SAN BERNARDINO, APPROVn:rG THE AJ'lNEXATION OF THE TER- RACE DISTRICT NOo 2. 4 5 6 WHEREAS, heretofore, on the I ~;1. day 0 , 1927, a petition was filed with tlJe Mayor a.nd Corntnon Counc' of 7 the City 0 f' San Bernard ino, asking that the terr i tory here in(-~f- 8 ter described be annexed to tne City of San Bernardino; and 9 WBEREAS, se.id petition described said territory pro- posed to be annexed to said City of San Bernardino; and VlHEREAS, s[;1,id peti t ion was signed by no t less than one-fourth in number of the qU(,'l.lified 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 WHEREAS, said territory is contiguous to the City of San Ji3ernardino; .and WHEREAS, thereafter, the Mayor and Common 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 newsnaper of generelll circulation, printed and published in the City of San Bernardino, for ten consecutive days before the date of such election; and WI~AS, said Ordinance was duly pUblished in the Colton Daily Courier, a ne'wspaper prin ted and published outs ide of such municipaJ corporation but in the County in which the territory so proposed to be annexed is situated, at least once -1- 1 a week for a period of four successive weeks next preceding 2 the date of said election; and 3 WIffiREAS, such legislative body caused notice of such 4 election to be given by the posting thereof in three public ;,.. 5 places within the territory so proPosed to be annexed, at 6 least four weeks preceding the date of said election; and 7 WHEREAS, such notice did distinctly state the date 8 of such election, the proposition to be submitted; that it is 9 propo sed to a.nnex to, incorpora t.e in, and make a part of such 10 mun 5.cipal corporation, the territory sought to be annexed, spe- 11 cifically describing the boundaries thereof; a.nd 12 WllliREAS, in addition to such description, such ter- 13 ritory Was a1so designated in said notice as "Terrace District 14 No.2", the same being an a-ouropriate name or vrords of identi- 15 I fication by which said territory was referred to and indicated 16 r upon the balJots used at said election at which the question 17 of such annexation was submitted; and 18 WHEREAS, the electors of such territory were directed 19 by such notice to vote upon such question; and 20 Wll~AS, the M~yor and Common Council in said Ordi- 21 nance calling sa.id election, did appoint officers for such 22 election, consisting of one inspector and two judges, each of 23 whom was a qualified elector of the voting precinct in which 24 he wa.s appo in ted to a.ct as an officer of such election, and 25 did designate the polling place for said election; and 26 WHEREAS, the said Mayor and Common Council did cause 27 to be furnished for use at said election, ba]~ots containing 28 the nro"Oosttion to be voted on, and directed that if an elect- 29 or shall stamp a. cross (x) in the voting square after the 30 printed word "Yes", the vote of such eJector shall be counted 31 in favor of the annexa.tion of the territory, referred to in the 32 notice, to the City of San Bernardino, and if such elector shall -2- 1 2 II II 3 4 5 6 7 8 9 10 11 12 13 14 15 16 II 17 , 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 stamp a cross (x) in the voting square after the nrinted word "No", the vote of such elector sha11 be counted a.gainst such annexation; and WHEREAS, the ballo ts used at such elec tion, the open- ing a.nd closing of the polls, and the holding ~i.nd conducting of such election was in conformity, as near as may be, with the laws of the State of California concerning general elections, except as otherwise provided by law; and W:HEREAS, the judges and inspector of said election} irrnnediately on the closing of the polls, counted the ballots, made up and certified and sealed the ballots and taJJy sheets o f the bal10 ts cast a t the ir r espec ti ve poll ing "Olac es) in the manner provided by la-v.:'., a.nd did thereupon de] iver the baJ lots, ta.lly sheets and returns ~o and deposited the same wi.th th.e City Clerk of the City of San Bernard.ino; and WHEREAS, the said Ma.yor and Common Council did, on the second day after s<;iid election, exclusive of hOlidays, the said day being also the first regular meeting day of said }Jlayor and Common Council after the holding of said election on said 11th day of March, 1927, meet and proceed to canvass said re- turns and complete such canvass, and did, iwnediately upon the completion of such canvass, cause a record thereof to be made and entered upon its minutes, stating the nroposition submitted, and sbowing the 'yhole number of votes cast thereon in the ter- ritory nroposed to be annexed, the number of votes cast therein in favor of annexation, and the number of votes cast therein against annexation; and W}~REAS, it appears from the canvass of the returns of such election tha.t trle whole number of votes cast therein in the terr i tory proposed to be annexed, VTas 1-1- vote s; that tile whole number of votes cast therein in favor of annexation was /5 votes; that the whole number of ~otes cast therein -3- II I 1 I 2 I 3 4 5 6 7 8 9 10 11 12 13 I 14 I I 15 ,I f I 16 1 I I 17 I 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 against annexation was f va tes; and WHEREAS, the said C i tr 0 f San Bernard ino had incurred a bonded indebtedness for the acquisition, construction and completion of municipal improvements; and WHEHEAS, the pet it io n here inbe fore men t Loned) wh ich was presented to the Mayor and Common Council of the said City, did contain a request that the question to be submitted to the electors residing in the territory pronosed by such petition to be annexed to said City of San Bernardino, shall be whether such new territory sha11 be annexed to, incorporated in, and made a nart of said munici-pal cornoration, and the property therein be, after such annexat ion, subj ec t to taxation equally with the "nroperty within said City of Sa.n Bernardino to pay a specified portion of such bonded indebtedness of s~id City of San Bernardino, outstanding at the date of the filing of said petition; and such petition pa.rticularly referred to and rnen- tioned and specified the indebtedness hereinafter particularly mentioned in this Ordinance; and WHEREAS, the no tice 0 f the elect ion did d 1st inctly state the proposition to "be submitted, to-wit: Ulat it is pro- posed to annex to, incorporate in, and make a. -oart of said City of San Bernardino, the territory sought to be annexed, specifically describing the boundaries thereof, and that the property therein shall, after such annexation, be subject to taxation equally with the property within such municipal corpo- ration to pay such specified portion of the bonded indebtedness of such municip~l corporation outstanding at the date of said annexation, and ~eprescnted by bonds of such municipal corpo- ration; and W}mREAS, the said notice did distinctly specify the improvement or improvemen ts for v;rhich said indebtedne SS Ylo'S so authorized} aYJd did state the amount of said :i..ndebtedness al- -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 -"-\ ready incurred, and the amount of said indebtedness represent- ed by bonds and the m~ximurn rate of interest na.yable; andj whereas, the ballot at said election contained all of said matters; NOW, THEREFORE, the Mayor and Common Council of the City of San Bernardino do ordain as follows: SECTION ONE: That the annexation of the hereinafter described territory, heretofore referred to in proceedings of the Mayor and Common Council of the City of San Bernardino as the "Terrace District Ho. 2", to the City of San Bernardino, 0. municipa,J corporat ion, be a.nd the S8.me is hereby apnroved; that said district hereinafter described be and the same is hereby annexed to the City of San Bernardino, a municipal corporation, and upon completion of such annexation, the said district shall be subject to ta.xa.tion equa1ly with property in the City of San Bernardino, to pay the following specified. Dortion of the bond- ed indebtedness of the said City of San Bernardino: Bonds for Public Convention Hall} amount outstanding, $175,000.00, rate 0 f in terest, five per cent .per a.nnum} payable semi-a.nnually. Said bonds are being paid in annua.l install- ments of $5,000.00, thirty-five of said installments being un- paid; Bonds for water works, consisting of Antil Ranch} rights of way.>> pipe lines, w'ells and pumping plant, amount outstanding, $281900900, rate of interest, four per cent per a.nnum, pa.,ya-ole semi-annually. Sa.id oonds are being nCiid in an~ual installments of $1700000, seventeen of said install- ments being unpaid; Bonds for water works, consisting of "Hubbard Water", rights of way, pipe lines, wells and pumping ,1ant, amount out- standing, $69,275.00, rate of interest, four per cent per an- num, p~a.ble semi-annually. Said 1,Jonds a.re being naid in annual -5- 1 2 Ii 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 installments of $4,07500Q,seventeen of said installments being unpaid; Bonds for Devil Canyon Water Works, consisting of rights of way, pipe lines, "veIls a.nd nurnning plant, amount au tstanding, $261, ~~50. 00, rate of in terest, five per cent per annum, nayable semi-armua~.ly. Sa.id bonds are being naid in annual insta11ments of $t5j875000, thirty-eight of said instaJ 1- ments -I) ein g unpaid; Bonds for Fire Hall, amount outsta.nding, ,~54, 000.00, rate of interest, five per cent D€r annum, nayable 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-wit: All that certain real nroperty situate in the County of San Bernardino, state of California, particularly described as follows, to-wit: Beginning at a point in the present City limits of the City of San Bernardino, said noint being in the South line of the North one-quarter of the South one-half of Section Seven (7), Township One (1) South, Range Four (4) West, San Bernar- dino Meridian, 150 feet East of the East line of the West one- half of said Section Seven (7), Townshi, One (1) South, Range Four (4) West, San Bernardino Meridian; thence Westerly along the South line of the North one-quarter of the South one-half of said Section Sevenl Township One (1) South, Range Four (4) west, Sa.., Bernardino Mer idian, and the South line, extended West, of the North one-qua.rter of the South one-half of said Section .3cve11 (7)) To',vnship One (1) South, Range Four (4) West, San Bernardino Meridian, being along the present City Limits of t:'1e Cit~r of San Bernardino to a ,olnt ()(jO feet 'West of the V"~ V' -6- 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 .._..._-"',......_...,"",.~"....,..._-~._..--....__..-.-...--- West line of Meridian Street; thence Northerly and parallel with the West line of Meridian StreetJ being along the present City Limits of the City of San Bernardino, to the SOU~~ line of the Pacific Electric Rail'vay Com;1any' B right of \~lay; thence Westerly along the South line of the Pacific Electric Railway Com,any's right of way to a poL~t 150 feet West)of the West line of Pepper Avenue; thence Southerly and pa.ra1lel with the West line of Pep:per .'"\.venue to the center line of perris Avenue; thence Westerly co"long the center line of perris Avenue to the center line of Eucalyptus Avenue; thence Southerly along the cent er 1 in e of Eucalyptus Avenue to the Sou th 1 ine, extended East, of Lo t 121, :?4,S sho,vn on Map of the 'fown of Hial to and adjoining Subdivisions, as per plat thereof recorded in Book 4 of Maps, a.t page 11, records 0 f San Bernardino County; thence Westerly along the South line, extended East, of said Lot 121, and the South line of said J..Jot 121, to a. point 630 feet ! -West of the West line of Eucalyptus Avenue; thence Southerly a.nd para11el ';"lith the West line of }1~ucalyptus AvenU0 to the center line of Randall Avenue; thence Easterly along the center 1 ine of Randall Avenue and the center line, extended. East, of Ran- da11 Avenue, to a point 150 feet East of the East line of the West one-half of Section Eighteen (18), Township One (1) Soutl1,. Range Four (4) West, San Bernardino Mer idian; thence Northerly and parallel with the East line of the West one-half of said Section Eighteen (18), Township One (1) South, Range Four (4) West, San Bernardino Meridian, and the East line of the West one-half of said Section Seven (7), Townshi~ One (1) South, Range Four (4) West, San Ber:'1a.rdino l'illeridian, to the "Joint of be ginning. SECTION TWO: sa.id Mayor and Common Coune:tl hereb~.r find that all of the recitals contained in this Ordinance are true. -7- 1 r \ a.nd I SECT IOl\T THREE: This Ordinance sha.ll take effect 2 be in fore e from and a.fter its passage and anurovalll 3 4 SECTION FOUR; The City Clerk sha11 cert if:! to the for three consecutive days in th passage of this Qrdin&nce, and cause to be a daily news-aaper hereby designated for t.hat :1urnose. 7 I HEREBY CERTIF'f that the foregoing Grdinance was 8 duly adopted b.:! the Ma.yor and Common Council of the City of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 San Bernardino, ;"t a regular meetin;.;; thereof held on the /k-L! of ~-if/) 1927, by th e fo llo w in g va t~, to -V1 it: / -~ ,~-- " // ' / Ayes ~..J ~. __.;:/gu,__, -c!;~,-.. ~~_ Noes ~____._._ _. Ab~~~l~; day --.......,..,.. "-...................~ '"- / // The forego ing Ordinance day Of~~927. apnroved -b-