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HomeMy WebLinkAboutCC Res 1645 1968-03-18 11 1\ I~ . .' RESOLUTION NUMBER /i, 46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALLING A SPECIAL ELECTION ON THE 21ST DAY OF MAY, 1968, IN CERTAIN TERRITORY I~ .,;J;:~~9lJNTY OF ORANGE, 'CONTIGUOUS TO SAID CITY OF $~r.~~ ~Q.fOSED TO BE ANNEXED TO SAID CITY OF SEAL BEACH: PROVIDING FOR THE HOLDING OF SUCH ELECTION: SUBMITTING TO THE ELECTORS RESIDING IN SAID TERRITORY THE QUESTION WHETHER SAID TERRITORY SHALL BE ANNEXED TO, INCORPORATED IN AND MADE A PART OF SAID CITY OF SEAL BEACH AND THE PROPERTY IN SAID TERRITORY SHALL BE, AFrER SUCH ANNEXA- TION, SUBJECT TO TAXATION EQUALLY WITH THE PROPERTY WITHIN THE CITY OF SEAL BEACH TO PAY ITS PRO-RATA SHARE, BASED UPON ASSESSED VALUATION, OF ALL OF THE BONDED INDEBTEDNESS OF SAID CITY OF SEAL BEACH OUTSTANDING OR AUTHORIZED, AT THE DATE OF THE FIRST PUBLICATION OF NOTICE OF ELECTION, FOR THE ACQUISITION, CONSTRUCTION OR COMPLETION OF MUNICIPAL IMPROVEMENTS; DESCRIBING SAID TERRITORY AND DESIGNATING IT BY ANNEXATION NO. 67-1 ESTABLISHING AN ELECTION PRECINCT AND POLLING PLACE IN SAID TERRITORY; APPOINTING THE OFFICERS OF ELECTION FOR SAID ELECTION; AND PROVIDING FOR THE PUBLICATION OF NOTICE OF SUCH ELECTION. WHEREAS, The City Council of the City of Seal Beach did on the 17th day of January, 1968, receive a written petition asking that certain new territory described in said petition be annexed to the City of Seal Beach; and WHEREAS, The territory so proposed to be annexed to the City of Seal Beach is situated in the County of Orange, State of California, and is contiguous to the City of Seal Beach; and said petition con- tains a description of the territory in words and figures as hereinafter in this resolution described; and WHEREAS, Said petition is signed by not less than one-fourth of the qual~fied electors residing within the territory hereinafter described, as shown by the County Registration of Voters; and WHEREAS, The new territory proposed to be annexed to the City of Seal Beach does not form a part of any municipal corporation, and more than twelve (12) qualified electors resided within the boundaries of the territory proposed to be annexed at the time of the filing of the petition for annexation, and said electors are bona fide residents of said new territory, and said territory is inhabited; and " -1- -- 'I I' I "Reso~~tion.Number WHEREAS, On the 5th day of February, 1968, the City Council of the City of Seal Beach did adopt its Resolution Number 1635 declaring its intention to call a special election, and did fix a time and place for the hearing of protests and give notice of such hearing, and did find and determine that the proponents who filed said petition for annexation on the 17th day of January, 1968, had done and performed the things required to be done and performed by the Annexation Act of 1913 (Title lV, Division 2, Part 2, Chapter 1, Articles 1 to 4 inc.), and did further find that all of the provisions of said Annexation Act of 1913, as amended, required to be complied with before the adoption of said resolution, had been complied with prior to the adoption of said resolution, which resolution was duly published as required by law; and WHEREAS, Said City Council did, pursuant to its Resolution No. 1635 hold a public meeting and hearing on the 4th day of March, 1968, at the hour of 8:00 p.m., in the City Council Chambers, 201 8th Street, Seal Beach, California, on said day, to receive written protests pursuant to law; and WHEREAS, The City Council did adopt Resolution No. 1636 which reso- lution declared that no protests had been made by any of the owners of the territory proposed to be annexed as shown by the last equalized assessment roll; and WHEREAS, The petition for the annexation of said territory contains a request that the City Council of the City of Seal Beach call a special election to be held in said territory thereby proposed to be annexed to said City of Seal Beach, give notice thereof as required by law, and submit to the electors residing within said territory the question whether said new territory shall be annexed to, incorporated in, and made a part of the City of Seal Beach, and the property therein be, after such annexation, subject to taxation equally with the property within the City of Seal Beach to pay its pro-rata share, based upon assessed valuation, of all bonded indebtedness of the City of Seal Beach outstanding or authorized at the date of the First Publication of Notice of Election, for the acquisition, construction or completion of municipal improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEAL BEACH that a special election be, and the same is hereby, called to be held on Tuesday, the 21st day of May, 1968, in said new territory mentioned in the aforesaid petition and hereinafter more particularly described, and proposed to be annexed to the City of Seal Beach, for the purpose of submitting to the electors residing in said new terri- tory the question whether said new territory shall be annexed to; incorporated in, and made a part of the City of Seal Beach, and the property therein be, after such annexation, subject to taxation equally with the property within said City of Seal Beach to pay its pro-rata share, based upon assessed valuation, of all of the bonded indebtedness of said City of Seal Beach outstanding or authorized, at the date of the First publication of Notice of Election, to wit, the 23~dday of April , 1968, for the acquisition, construction, or completion of municipal improvements. -2- I I I ,Reso~ution,Number , , AND BE IT FURTHER RESOLVED that the polls of said election shall be opened at 7:00 O'Clock A.M. of the day of said election and shall' remain open continuously from said time until 8:00 P.M. of the same day, when sai~, polls shall be closed, except as provided in Section 14436 of the Elections Code of the State of California. AND BE IT FURTHER RESOLVED that at said special election the question whether said new territory shall be annexed to, incorporated in, and made a part of the City of Seal Beach and the property in said new territory be, after such annexation, subject to taxation equally with the property within the City of Seal Beach to pay its pro-rata share, based upon assessed valuation, of all of the bonded indebtedness of said City of Seal Beach outstanding or authorized, at the date of the First publication of Notice of Election, to wit, the 23rd day of April, 1968, for the acquisition, construction or completion of munici- pal improvements shall be submitted to the electors residing in said new territory so proposed to be annexed to said City of Seal Beach. That said new territory hereinafter and in said petition for annexation described is hereby designated as "ANNEXATION NO. 67-1" and shall be indicated and referred to by the name of "ANNEXATION NO. 67-1" upon the ballots to be used at said special election at which the question of such annexation of said territory to the City of Seal Beach is submitted to the electors of said territory; and the name "ANNEXATION NO. 67" whenever used in the Notice of said special election hereby called in said territory and any and all proceedings for the annexation of said territory to the City of Seal Beach shall mean and shall be construed to mean the territory hereinafter and in said petition described and so proposed by said petition to be annexed to the City of Seal Beach. That on the ballot to be used at said special election, in addition to any other matters required by law, there shall be printed substantially the following: MARK A CROSS (+) ON BALLOT ONLY WITH RUBBER STAMP: NEVER WITH PEN OR PENCIL. (ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL.) INSTRUCTIONS TO VOTERS To vote on any measure, stamp a cross (+) in the voting square after the word "YES" or after the word "NO". All marks, except the cross (+) ,are forbidden. All distin- guishing:-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. On ,absent voter ballots mark a cross (+) with pen or pencil. -3- I I I . ' .Reso~qtion,Number MEASURE SUBMITTED TO VOTE OF VoTERS . Shall Annexation No. 67-1 be annexed to the City of Seal Beach, California, and the property iDl!aid . ANNEXATION NO. 67-1, after such annexation,l>'!iubject to taxation equally with the property within said City of Seal Beach to pay its pro-rata share, based upon assessed valuation, of all bonded indebtedness of said City of Seal Beach outstanding or authorized at the date of the . First publication of Notice of Election, for the acquisi- ~on. construction or completion of municipal improvements.' A cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the proposition or measure. A cross (+) placed in the voting square after the word "NO" in the manner herein- before provided shall be counted against the adoption of the proposition. YES NO The qualified electors residing in said new territory so proposed to be annexed to said City of Seal Beach are hereby directed to vote upon the question of the annexation of said territory to the City of Seal Beach and the subjection of said territory, after annexation, to taxation equally 'with the property within said City of Seal Beach to pay its pro-rata share, based upon assessed valuation, of all bonded indebtedness of said City of Seal Beach outstanding or authorized, at the date of the First Publication of Notice of Election, for the acquisition, construction or completion of municipal improvements, by stamping a cross (+) in the voting square after the word "YES" on the ',. ballots to be used in said election, or by stamping a cross (+) in the voting square after the word "NO" on such ballots. If an elector shall stamp a cross (+) in the voting square after the printed word "YES" the vote of such elector shall be counted in favor of said territory being annexed to, incorporated in, and made a part of the City of Seal Beach and the property in said territory being, after such annexa- tion, subject to taxation equally with the property within said City of Seal Beach to pay its pro-rata share, based upon assessed valuation of all of the bonded indebtedness of said City of Seal Beach outstand- ing or authorized, at the date of the First Publication of Notice of Election, for the acquisition, construction or completion of municipal improvements; and if an elector shall stamp a cross (+) in the voting square after the printed word "NO" the vote of such elector shall be counted against such annexation. AND BE IT FURTHER RESOLVED that for the purpose of holding said election there shall be, and hereby is established, one election precinct designated as hereinafter stated. The polling place for said precinct shall be the place hereinafter designated and the persons hereinafter named, being competent and qualified electors and residents of said territory and of said election precinct, are hereby appointed officers of election and they shall hold said election and make return thereof in the manner provided by law. -4- I I I .Reso~u~ion ,Number THE ANNEXATION NO. 67-1 voting precinct shall consist of all of said hereinafter described territory proposed to be annexed to the City of Seal Beach for the purpose of holding such election. POLLING PLACE: ALICE MAGARIAN residence B-56, Surfs ide Colony, California INSPECTOR: Alice Magarcin B-56, Surfside Colony, California JUDGE: Mrs. Barbara Bell B-7, Surfs ide Colony, California CLERK: Mrs. Gretchen C. Kray B-34, Surfside Colony, California CLERK : Mrs. Josephine M. Houston B-58, Surfside Colony, California Except as otherwise provided in this resolution, said election hereby called shall be conducted as provided by law for municipal elections ,in the City of Seal Beach and the Annexation Act of 1913 (Statutes 1913, Chapter 3l2, Title lV, Divisions 2, Part 2, Chapter 1, Articles 1 to 4 inclusive of the Government Code of the State of California) and all acts amendatory thereof and supplementary thereto. AND BE IT FURTHER RESOLVED that the city Clerk of the City of Seal Beach be, and she is hereby, authorized :Find directed to give notice of said special election by causing a notice thereof to be published once a week for four (4) "R~~~cutive weeks prior to the 21st day of May, 1968, in the Orange coasEJP{10t, a newspaper of general circulation printed and published outside of the City of Seal Beach, but in the County of Orange, in which the territory so proposed to be annexed to the City of Seal Beach is situated. Such notice shall distinctly state the date of such special election, to wit: That it is proposed to annex to, incorporate in, and make a part of said City of Seal Beach the hereinafter described ~erritory sought to be annexed (said notice to spedifical1y describe the boundaries of said territory), and that after such annexation, such territory shall be subject to taxation equally with the property within said City of Seal Beach to pay its pro-rata share, based upon assessed valuation, of all bonded indebtedness of said City of Seal Beach outstanding or authorized at the date of the First Publication of Notice of Election, for the acquisition, construc- tion or completion of municipal improvements. Such notice shall distinctly designate said territory proposed to be annexed to said City of Seal Beach as "ANNEXATION NO. 67-1, which is the name by 'which such territory shall be indicated upon the election ballots; and such notice shall instruct the electors how to vote at said special election; and with respect to the assumption of bonded indebtedness, said notice shall : -5- I I I . . ~ ,Resolution Number . " . " 1. State distinctly the proposition to be submitted. 2. Specify the improvement or improvements for which the ~ndebtedness was incurred or authorized. 3. State the amount or amounts of such indebtedness outstanding at the date of the First Publication of the Notices. 4. State the amount authorized to be represented by bonds to be issued. 5. State the maximum rate of interest payable or to be payable on the indebtedness. Such notice shall designate the election precincet, the place at which the polls will open, and the hours at which such polls will be open, ,and the hours at which such polls will be open for such election in said new territory as established by this resolution. In such notice the qualified electors residing in said new territory so proposed to be annexed shall be directed to vote upon the question of annexation as hereinabove provided. AND BE IT FURTHER RESOLVED that immediately upon the closing of the polls, the election officers for said election precinct hereinabove designated shall count the ballots, make up, certify, and seal the ballots and tally sheets of the ballots cast, and deliver them, with the returns, to the City Clerk of the City of Seal Beach; that, at its next regular meeting held at least three days after the election, the City Council shall canvass the returns; that the canvass shall be com- pleted at the meeting if practicable, or as soon as possible, avoiding adjournments; that immediately upon the completion of the canvass, the legislative body shall cause a record to be entered upon its minutes stating the proposition submitted, the number of votes case, and the number of votes cast for and against annexation; and that thereafter the City Council shall take and conduct such further proceedings as are provided for in the Annexation Act of 1913 and acts amendatory thereto and supplementary thereto, hereinabove referred to. The new territory in which such special election is hereby called and shall be held is situated in the County of Orange, State of California, and its boundaries are described in EXHIBIT A, attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED this 18th day of March, 1968. Beach Seal Beach -6- I I I . ' "Resplution Number ,0 " STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Jerdys Tofte Weir, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 18th day of March, 1968, and that it was adopted by the following vote: AYES: Councilmen t2n.~1 ,j;,n-.,usLbU... ".1,,,,:- Councilmen <;t",- ?Z-"&t.. ~'-e. """,it ~e- , NOES: ABSENT: Councilmen ~-t.A:-. ~ cs~ Ci C~f the City of Seal Beach, California --. " " ,I 1 I " Ii II I . I I I I . ' .~eso~~io~ Number " , , pnge 1 of 3 1_ DESCRIPTION OF ANNEXATION NO. 67-1 TO THE CITY OF SEAL BEACH. },' , :, 21! Begil::ning at the intersection of the West line of the &st Half (E 1/2) , 3 I of Section 13, Township 5 South, Range 12 West, S. B. M., in the County of I 4 Orange, State of California, with the Northerly boundary of Loc:ation No. 141 5 State Tide Lands, described in Patent issued April 4, lGOl, said intersection . ' 6 being also the point of beginning of the legal description of Annexation No. 7 7 to the City of Seal Beach, California; thence along the boundary line of said 8 City, S 870 30' E 1148.14 feet, S 30' '45' E 904.20 feet and S 520 45' E 9 219.01 feet to an angle point in the Northerly line of the boundary line of the 10 City of Huntington Beach, California, said boundary line having been 11 establishC'd by Sunset Beach No. 2 Annexation in Ordinance No. 1053 of saitl 12 City of Huntington Beach; thence leaving said Seal Beach boundary line and I 13 along said Huntington Beach boundary line, S 46032' 00" W 139.2 feet, 14 N 43023' 07".W !l0. 00 feet" S 460 32' 00" W 53.76 feet to a non-tangont CU1've I 15 concave Southwesterly and having a radius of 5844. 6~ feet, Southeasterly p.long 16 said curve 15ll. 89 feet, more or less, through a central angle of 1ft 28' 45", 17' 1'1 580 00' 00" W 50.39 feet to a non-tangent curve concave SouthwcsterlJ' and 18 having, a radius of 5832.60 feet, Southeasterly along sai,d curve 104.72 feet, 19 more or less, through a central angle of 1003' 27", tangent to said curve 20 S 43" 28' 00" E 95.07 feet, and N 460 32' 00" E 5.00 feet to the most Westerly 21 eorner of the boundary line of said City of Huntington Beach as established b~' 22 Sunset Beach No. 4 Annexation in Ordinance No. 1119 of said City of 23 Huntington Beach; thence along last mentioned boundary line and leaving said 24 Sunset Beach No.2 Annexation S 430 28', 00" E 9,g. 44 feet to the i-nost 25 Wcstex:ly corner of the boundary line of said City of Huntington Beach as 26 eGtablished by Sunset Beach No. 1 Annexation in Or~il1anc,e No. 993 of said 27 City of Huntington Beach; thence leaving said S\lllset Beach No. 4 Almexation - I 2H and along said Sunset Beach No. 1 Annexation S 430 28' 00" E 100.40 feet to a , 'I I i I I! EXHIBIT !. " II S13-2325 - ~'W R:vn VOORHI::.IS . TRlfJDl_C . r...l!':::l.c"or ~ . ~ '. ..I I I II lj , I I Ii I , . Resol~tioQ Number .' . " Page 2 of 3 DESCIUPTION OF ANNEXATiON NO. 137-1 TO THE CITY OF SEAL Br~ACI-I. 1 Revised May 16. 1967 2 tangent curve concave Northeasterly having a radius of, 95'1.00 feet, 3 Southeasterl~' along said curve 208.41 feet, more or less, through a central 41 angle of 17'0 51' 58", leaving said curve N 240 30'00" W 11.70 feet to a non- I 5 tangent curve concave Northeasterly having a radius of 950.00 feet and being 6 concentric with said 957.00 foot radius curve, Southeasterly along sain , ' 7 950.00 foot radius curve 100.25 feet, more or less, through a central angle 8 of 60 02' 46", tangent to said curve S 660 52' DO" E 215.02 feet to a tangent 9 curve concave Southwesterly having a radius of 1060.00 feet, Southeasterl~' 10 along said curve 50.97 feet through a central angle of 20 45' Ill" to the most 11 Southerly corner of said Sunset Beach No. 1 Annexation, said corner being 121 131 ] 41 on the common line betwe<}n Rancho La Bolsa Chica and Rancho Los Alamitos; thence S 490 28' 00" W along said common line 511 feet, more or less, 10 lis intersection with the ordinary high water mark as establishf'd b~' boundary 15 agreement recorded in' book 7988 page 763; Official Re!:ords of said County, 16 said high water mark also shown on a map filed in book 86 pages 35, 36 and 17 37 of Hecor-ds of Surveys; thence leaving said common line N 43045' 11" W 1 B along said high water mark 1109.03 feet, N 48" 53' 37" W 1004.50 feet, 19 N 490 52' 36" W 957, 14 feet and N 560 15' 04" W 6.73 feeti thence leaving said' 20 I boundary agreement line and continuing along said Record of Survey line and 2] its Northwesterly prolongation N 560 15' 04" W 43 feet, more or less, to the 22 Southf'usterly boundc.ry line of the territol'y incorporated under the name of 23 the City of Seal Beach by order of the Board of Supervisors of suie.! Orange 24 . . County on October 25, 1915; thence Northeasterly along last mentioned 25 Southeasterly boundary line 30 feet, more or less, to the intersection with the 2(; North-South quarter, section line of Section 24, Town'ship 5 Bouth, Hange '12 , J .. 2711 West, S, B. M.. said intersection being an angle point in last menti~l;cd . 2B If Southeastel'ly boundary line; thence co~t tnuIng along said S~'al Beach boundill'J' II S13-2~25 - CMK:vn " B VO<"lR}"IE'I~ . '.~I:~CLE . :~::I_~...O~~ 11 beginning of this description. I 12 13 H - 15 16 17 18 19 20 21 22 I 23 '24 25 26 27' 28 'II " Ii . ......: ',I Ii fi I . " , ' . Resol~tio~ Number , , Page 3 of :~ DESCH.IPT~ON OF ANNEXATION NO. (;7-1 TO TIn; CITY OF' SEAL BEACH. 1 Revised May 16, 1967 2 line Northerly along quarter section lines to the Southwest corner of the 3 territory annexed to said City of Seal Beach September, 1928 per Seal Beach, 4 Ordinance No. 148, Raid corner being on the Southerly line of Electric Lane; 5 thence Southeasterly along the Southwestcr1y line of last mentioned annexed 6 territory to the Southeasterly cornp.r thereof, being also the intersection of 7 the Easterly prolongation of said Southeriy line of Electric Lane with the 8 Westerly line of Coast Highway; thence Northwestet'ly along the Easterly line 9 of last mentioned annexed territory and along last mentioncd W~'ster1y line to 10 the Northerly corner of last mentioned annexed territory, being the point of .' SB-2325 - CMK:vn VOORHEIS. TrUNDLE . N.I!~.~ON