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HomeMy WebLinkAboutORD NO 315 ORDINANCE N0. 315 .~. i~'~0RDINANCE CALLING AND PROVIDING FOR AbE) GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD ON THE ~4TH DAY OF OCTOBER, 1918, IN THAT CERT~IN TERRITORY COIf£AINED WITHIN THE BOUNDARIES OF A PRO- POSED ~UNICIP~J~ I~R0%rE]~NT DISTRICT~~ 0F T~ CITT 0F B~RSFIE~, PROVIDING FOR S~ITTING T0 T~ QU~IFIED ~CTORS 0F T~ SAID DISTRICT T~ PROPOSITION 0F INCURRING A DEBT BY T~ ISSUanCE ~ S~T~ 0F B0~S 0F SUCH DISTRICT FOR T~ P~POSE 0F ACQUIRING ~ CON- STRUCTIEG A 8YSTEE 0F ~ATER W0~S IN SA~ D~ISTRICT FOR T~ DISTRI- BUTION ~ SUPPLYING 0F ~ATER T0 T~ IN~IT~S 0F SAID DISTRICT, II~CL~DING T~ ACQ~ISITI0~ 0F L~DS, RIGHTS 0F WAY, STRUCTU~S, PIPES PIPE-LI~S, ~P~ATUS ~ 0T~R PR0~BTY, ~ T~ CONST~TION 0F ~INS, CONDUITS ~ 0T~R ~0~S ~C~S~T FOR SUCH PURP0~: ~ EST~LISHING ~CTION P~CINCTS ~ POLLING PLACES IN SAID DISTRICT ~ ~POINTING OFFICERS 0F ~EYECTION FOR SAID S~CI~ E~CTION. WHEREAS, on the 6th day of Nay, 1916, a petition was duly filed in the office of the City Clerk and ex-officio Clerk of the Council of the City of Bakersfield, petitioning said Council to form a ~unicipal Improvement District and to acquire or construct therein a waterworks system for the ipurpose of supplying water to the inhabitants of said district for general and municipal purposes therein, under the provisions of 8.n Act of the Legislature of the State of California, entitled: "An act to provide for the formation of districts within municip~li- ties for the 'acquisition or construction of public improvements, works and public utilities therein; for the issuance, sale and payment of bonds of such distri~'.ts to meet the cost of such improvements;and for the ac- quisition or construction of such improvements", approved April Z0, 191§. and, WPIEREAS, in pursuance of said petition s. nd of said Act of April 20, 1915., the Council of the City of Bs/kersfield, on the 7th day of August, 1916, passed an ordinance of intention No. 5'19, ~'ontaining the matters prescribed by said Act snd declaring the intention of said Council to call an election within the boundaries of said proposed Eunicipal Improve- ment District to~b~ known as Nunicipal Improvement District No, i of the City of Bakersfield, for the purpose of submitting to the qualified elec- tors of ss~id district ~he proposition of authorizing the issuance and sale of bonds of said di~trict, in the manner provided for in said Act -1- to meet the cost of said proposed improvement; and said 0rdinanoe was duly approved by the Mayor of said City of Bakersfield on the said ?th day of August, 1916, and was theres~fter duly publis~hed as provided by law; and, WHEREAS, at 8 o'clock, P. ~. on September lI, 1916, being the time set for hearing of any and all protests, as provided for in said an~e of Intention No. 319, and the protests then filed were duly heard and each and all of the seine were denied, at which time the Council of ssid City acquired, and now has,jurisdiction to proceed further in accord- ance witl~ the provisions of said Act; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKEBSFIELD, AS FOLLOWS: S~CTION 1. That a special election be and the same is hereby called and ordered,to be held on Tuesday, the 2~th day of $~tSb~.r; , 1916, with- in a proposed Municipal Improvement District to be hereinafter designs, t- ed as Municipal Improvement District No. i of the City of Bakersfield,, for the purpose of submitting to the qualified electors of said District a proposition authorizing the issuance,_-snd sale of bonds of said Munici- ps~l District No. l, for the purposes set forth in said Ordinance of In- tention No, 31~, end hereinafter stated; the exterior boundaries of ~aid district being particularly described as follows: Beginning at the southwest corner of section Twenty-nine (29) Township Twenty-nine (29) South, Range Twenty-eight (28) East, ~. D. B. & M.; thence east to the southeast corner of the southwest quarter (1/4) of Section Twenty-eight (28), Township Twenty-nine (29) South, Range Twenty-eiEht (28) east, M. D. B. & M.; thence north to the north-es, st corner of the northwest quarter (1/~) of said Section Twenty-eight ('28); thence west to the northwest corner,.of the northwest quarter (l/A) of said Section Twenty-eight (28) thence north to the northeast corner of the southeast q.uarSer (1/~) of Section Twenty (20), Township Twenty-nine (29) south, Range Twenty~eight .(28) east, M. D. B. & M.~ thence west to the center of said Section Twenty (20); thence south on the half section line of said Section Twenty (20) to the North 'boundary line of said Sec- tion Twenty-nine (29); thence west on said boundary line to the center line of Union Avenue; thence south on the center line of Union Avenue to the southerly line of the Southern Pacific Railway Compamy's Right of V~ay; thence northwesterly along said Southern Pacific Bailway Com- pany's Right of t~ay to the easterly .line of the Right of Way of the Kern Isle.nd Cmnal; thence southwesterly along the said Right of Way of said Kern Isle,nd Canal to the northerly line of Twentieth Street; thence · 'e~sterly '4dong the northerly line of Twentieth Street to the center line of Uni0a Aven~.e; thence southerly along' the center line of Union Avenue to the Southwest corner of section Twenty-nine (29), Township Twenty- nine (29) South, Range Twenty-eight (28) east, M. D. B. & ~. to the point of beginning, all of which is within the City of Bakersfield, · '~?'*County of Kern, State of California EEOTEON 2. That the objects and purposes for which said proposed in- to ,be debtedness is/incurred are, the issuance and sale of bonds of said Municipal Improvement District No, l, for the purpose of acquiring and constructing therein a water-works system to furnd~h water for m~nicipal purposes and for the inhabitants therein, including the acquisition of lands, rights of way, structures, pipes, pipe-lines and--other property and the construction of mains, comduits and other works necessary for such purposes. SECTION 3. That the estin~ted cost of said proposed improvement is One Hundred and Seventy-five Thousand Dollars ($175,000.00); that the amount of the principal sum of the indebtedness proposed to be incurred.~ is the sum of One Hundred and Seventy-five Thousand Dollara ($175,000.00) and the maximum rate of interest to be paid on said indebtedness shall be six per centum per annum, payable semi-annually. SECTION ~. The polls for said election shall be opened at 8 o'clock A. ~, on the day of said election, October 2~th, 1918, and shall be kept open until ? o'clock P. M. of said day, when the polls shall be closed~ Said election shall be held and conducted and the votes thereat received and canvassed, and the returns thereof made, and the results thereof~ ascertained, determine&_ and declared as herein provided, and according to the laws 'of the State of California, providing for, and governing elections in the City of Bakersfield. SECTION 5. The ballots to be used at said. special election shall be such as may be requi-red by law to be used thereat, and, in addition to any other matters required by law to be printed, thereon, shall appear thereon the following: B~LLOT ~UNICIPALi, IMPROVEMENT DISTRICT' ~NO~. I. To vote for the proposition and thereby authorize~the incurring of a bonded debt to the amount of, and for the purpose stated' in such proposition, stamp a cross (X) in the blank space~ to the right~,of the word "~ES". To vote ags~inst~ the proposition and thereby refuse to authorize the incurring o~. a bonded debt to the amount of~ and for the purD~Se~ stated in such proposition, stamp a cross (X) in the blank space at the right of the w~rd "NO". All s~id ballots shall have printed~thereen the following: Proposition to incur a bonded debt.~to the ,,,,,,,,,, amount of One Hundred and Seventy-five Thousand ; ; Dollars ($175,000.$0) for the purpose of acquiring YES'- ; ; or constructing water-works for distributing s, nd ; ........ ; supplying water to'~the inhabitants of such Muni- cipal Improvement District No. 1 of the City of .......... Bakersfield, including the acquisition of lands, NS .; ; Rights of Way, structures, pipes,~ pipe lines s,nd ; ; other property, and the construction of n~ins, ; ....... .; conduits and other works necessary for such purposes, such debt to bear interest at a~' ~, rate ~(f$ to exceed six per centum per .annum payable semi-annually. Sample ballots c~ntaining the above matter required to be printed thereon, shall be supplied to the electors of said ~unlcipal Improve- ment District No. 1, by the Gity Clerk, bBt~,a failure on the part of any elector~.to receive such sample ballot, shall not be held to invalidate the election, or affect in any manner the legality of any bonds that may be authorized thereat. -4- SECTION 6. Any qualified elector within the proposed Municipal Improvement District No. 1. may vote at said special election for or against the proposition herewith submitted. To vote in favor of. and authorize the incurring of a bonded debt~for the Purposes set forth in the proposition herein stated, he or she shall stamp a cross (X) in the square to the right of the word "YES" printed opposite Said~ proposition, and to~-vote against s~nd refuse to authorize the incur~ing of a bonde~ debt i~ for-' the purposes set forth in the proposition herein stated, he or she shall stamp a cross (X) in the square to the right of the word "NO" printed ~o~posite~ said proposition. 2$ac~h cross (X) stamped in the square to the right of. the word "YES" shall be C~ounted as a vote in favor of and to authorize the in- curring of a bonded debt i~or the purposes set forth in the proposition and each cross (X) stamped in the square to the right of the word "NO" shall be counted as a vote not in favor of. and a refusal to authorize the incurring o~.~ a ~onded debt for the purposes set forth in said propo- sition. SECTION 7. For the purpose of carrying on and conducting said special election sai~t.district s..s above described, is-hereby subdivide~- into two voting precincts, denominated as Special Elec.tion Precincts numbered Board of I and 2, and the election precincts last created by the/supervisors of the County of Kern, State of California, are hereby consolidated~into election .precincts for the purpose of holding said special election, and the numbers of the respective consolidated precincts, the officers to conduct said .special election in each of said precincts, and the polling places for each of said precincts, s, re hereby designated as follows; SPECIAL ELECTION PRECINCT NO. 1. Special l~,lection Precinct No. 1, shall consist of Precincts Bakersfield~ No,. 28. No. 29, No. 30, No. 31, No. 32 and No. 33. as said precincts were heretofore last created by the Board of Supervisors of the County-~ of Kern for the holding of general state .elections.. :i.. The officers tO conduct ~ said special election in and for said election precinct are hereby appointed and designated as follows: In~pector -- ~ ~' ~.J~-~/L_____ The polling place shall be at the Fire Engine House on Pacific Street between Beale Avenue and King Street. SPECIAL ELECTION PP~ECINCT N0. 2 Special Election Precinct No. 2, shall consist of Precincts' Bskersfield No. 25, No. 26. No. 27, No. 5A and all of that part of Precinct No. ,,A lying within the boundar~es of the proposed Municipal Improvement DisSrict No. i of ~he City ~f Bakersfield, as said precincts were heretofore l~st created by the Board of Supe~isors of the County of Kern, State of Californi~., for the holding of general state elections. The officers te conduct said special election in and for said ~.~eXe~ precinct are hereby appointed ~d desi~ated as follows: Judge .... ~ ~ The polling place shall be at the Fire ~ngine House locate&..on H~Doldt S~ree. t between B~er and King Streets. Said election sh~l be held and conducted in all respects in accordance wi~h She charSer of the Olt~ of B~ersfield ~d the laws of the State of California s,pplicable thereto, in all particulars not re- cited in this Ordinance. ~1 qualified electors within the limits of said proposed Munici- pal Improvement Dlstric~ No, 1, are, and each of them is hereby invited to vote at said special election. The City Clerk is hereby directed to procure all supplies neces- sary to properly conduct such special election. -6- SECTION 8. If, at such special election it shall appear that two- thirds of all the votes cast thereat were in favor and authorized the incurring of a bonded debt for the purpose set forth herein, then such proposition so authorized shall be deemec¥ to have been accepted by the electors and the bonds will be issued to de~r~ay the cost of the improve- ments specified in such proposition and ~o the amount stated herein, payable o~ut of the funds of said Municipal Improvement District No. 1 of the City of Bakersfield, to be provided as in said Act described. SECTION 9. This 0rdins~ce shall be published five times in Tm' MORNING ECHO, a daily newspaper which is hereby decls.red to be a n~ws~ paper of general circulation, printed and published in said City of Bakersfield, stnd this Ordinance and such publication thereof shall be and the same is hereby declared to be a Notice of Electi'on. I hereby certify that the foregoing Ordinance was papped by the Council of the City of ~akersfield, at a regular meeting of said 0ouncil, on the 18th day of September, 1~16, by the following vote: City Clerk and ex-off lc lerk of the Council of the City of B~akersfie~d. hereby approve the foregoing Ordinance Mayor of the City~of Bakersfield. -7-