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HomeMy WebLinkAbout1955-04-05; City Council; 5021; 26Apr55 special election & Sewer Dist. No. 2 & boundariesAN ORDINANCE OF T ESTABLISHING CITY FOR AND GIVING ELECTION TO BE AND SALE OF n said district is LEGAL NOTIC- angles frcm the‘ aforesaid course of North 34O 51’ West 695 feet; thence South 34’ 51’ East along last said parallel line 525 feet, more or less, to a point in the Northwesterly line of Grand Avenue; thence Southwester- ly along last said Northwesterly line 125 feet to the point of beginning. Section 3. That a speciitl election be held and the same is hereby called to be held on the 2Gth day of April, 1955, in all that certain territory in the City of Carlsbad included within the -boundaries of “CITY OF CARLSBAD SEWER DIS- TRICT NO. 2”, aboye described, for the purpose of submitting to the qualified voters of said district .the ptoposition hereinafter particularly stated in accord- ance with the provisions of the “Munici- pal Sewer District Act of 1939”, and as declared in said Ordinance of Intention. Section 4. That the object and purpose for which the indebtedness is to be in- curred is particularly stated in said Or- dinance ’of Intention, apd is the payment of the cost and expenkes of a portion of the proposed improvement, to wit: the acquisition and construction of a sewage treatment and disposal plant, including the acquisition of all land, buildings, pipe, pumps, equipment, apparatus and other ‘property necessary therefor. Section 5. That the estimated cost of the prbposed improvement is $103,000 and the estimated cost of the incidental ex- penses in connection therewith is $9,000, and the amount of the principal of the indebtedness to be incurred to pay the cost and expenses of a. portion of said proposed improvement is the sum of $60,000, and that the maximum rate of i&erest to be paid on such indebtedness shall not exceed 6% per annum, payable semiannually,; provided, however. that should the Municipal Sewer District Act of 1939” be amended to allow said inter- est for the first year to be payable at the end of said year, said interest shall be payable semiannually except that in- terest for the first year shall be payable at the end of said year. Section 6. That the polls for said elec- tion shall be opened at 7:OO o’clock A.M. on the day of said election and shall remain open continuously from said time until 7:OO o’clock P.M. of the same day when said polls shall be closed, except as provided in Section 5734 of the Elections Code of the State of California. Section 7. That for the purpose of Subject to modification. OF CARLSBAD SEWER DISTRICT NO. 2 IN SAID CITY, AND FIXING ITS BOUNDARIES PURSUANT TO THE P*ROVISIONS OF THE MUNI- CIPAL SEWER DISTRICT ACT OF 1.939, AND PURSUANT TO THE PROVISIONS OF SAID ACT OR- DERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID DISTRICT ON APRIL 26, PURPOSE OF SUB- THE QUALIFIED AID DISTRICT THE PROPOSITION OF AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID DISTRiCT TO PAY THE COST OF A PORTION OF A CERTAIN DISTRICT IMPROVE- MENT. - NOW. THEREFORE, the City Council if Carlsbad DOES ORDAIN as follows: Section 1. That a hearing has been held m the, date and hour and at the place et forth in Ordinance of Intention No ,020 of the City of Carlsbad, adopted February 22, 1955, for the consideration md decision of any and all protests and lbjections presented against the forma- ion of CITY OF CARLSBAD SEWER IISTRICT NO. 2, or against the extent if the proposed district, or against the broposed improvement, or the cost there. If, or the inclusion of any property in aH district, or to any one or more-of he saiLmatters; and all persons inter- sted were afforded an opportunity to be reard upon the same, and evidence was P fu!1 and fair bearins n the premises: and a!! if any, oral protests, if my, and objections, if any, are hereby Lenied, and We formation of said <{strict s her6bY declarQ nMessary and con- tenimk to carry out the purrmas ex- wessed in said ordinance of intention Lncthe property in said district is herebs leclared to be specially benefited by tht mpro_vemefit described by said Ordinancs If Intention and this City Council ha! icquired jurisdiction to proceed fprthe~ In accordance with the Municipal Sewel District Act of 1939 (Stab. 1929, Ch. 24) Section 2. That there is hereby estab lished in the City of Carlsbad a SeweJ in accordan the City of Carlsbad described in sai( Ordinance of Intention, as follows, to Wit Santa Fe Railway Company’s right- of-way : thence Southeasterly 3710 feet -ko the center-liwe of Tamarack Ave- nue; thence Northeasterly along said center-line of Tamarack Avenue to an intersect3on with the Northwesterly prolongation of the Northeasterly line of Lot 6 Block “S’, Palisades No. 2, Map Nd. 1803; thence Southeasterly along said Northeasterly line and i€s prolongation to the Southeasterly cor- ner of said Lot 6: thence Southwe<. terly along the said common bouLdayy line between Lots 5 and 6 7 and 4, 8 and 3, 9 and 2, and IO aid 1, all in sqd Biock “S” of Palisades No. 2, Map So. 1803, to an intersection with the Northeasterly boundmy line of Block “L”, Palisades. Mao No. 1747.. thence Southeasterly along the North: easterly line of said Block “L” and the Southeasterly prolongation of said Northeasterly line to the Northeaster- iy cdrner of Lot 1, Block “K” said Map 1747 : thence Southeasterly ’along ;!e Northeasterly line of said Block K’ to the Southeasterly corner of Lot 4 of said Block “K’, Map No. 1747 ; thence Southwesterly along the Soutkeasterly line of said Lot 4 and its Southwesterly prolongatioh to an intersection with the eener-line of Garfield Street, as shown on said Map No. 1747 : thence Southeasterly along said center-line, 3s various courses and distances, to the intersection of ‘said center-line with the Southerqy line of Palisades No. .2, Map No. 1803; thence Northwesterly along said Southerly line to its intersection with the Northeasterly line of the old California State Highbay XI-SD-2B . thence Northwesterly along said State Highway to the Southeasterly line of Chinquapin Avenue : thence North- easterly along said Southeasterly line of Chinquapin Avenue to a point Iy- ins 300 feet Southvestmly, measured along the Southeasterlv line of Cki*a . .- - ____. quapin Avenue from $e Northeasterly :!?in$ Qf VlWb “W” Xap No. 1803: th“n6e it r;&t anglbs to Chinquapin Avenue Southeasterlv 100 feet : thence at right angles Northeasterly 280 feet; thence at right angles Northwesteriy 100 feet, to a point on the South- easterly line of Chinquapin Avenue, said point lying 100 feet Southwester- ly of the NortheasteFly corner of said Block “W’. Maa No. 1803: thence in a straight line from said point to the Southwesterly corner of Lot 10, Block “I”. Mau No. 1747: thence Northwesterly aiong the Southwester- ly line of Lots 10, 11, 12 and 13, Block “I”, and the Northwesterly pro- longation of said line to the South- rner of Lot 11, Block “H”, No. 1747; thence North- g the Southwesterly line of Lots 11, 12, 13, 14 and 15, said Block “H”, to the Northweaterly cor- ner of Lot 15, Block “H”; thence in of North 410 33’ of said 2.70 acre pa left 190 feet, more or less,. to a point in a line which is pawllel with and distant Northeasterly 125 feet at right I, M. 0. I‘ City of Carlsbad, CUifornia, BY CERTIFY that the for nance was introduced and regular meeting of the City Council of said city duly held on the 15th day of March, 1955, and thereafter at a regular meeting of said City Council dn3y held on the 5th day of ‘April, 1955, was duly passed .and adopted by sa Council and signed and approved Mayor of said city, and that sai nance was passed and adopted b of more than two-thirds of the of said City Councii, to Wit: I, M. 0. I‘ City of Carlsbad, CUifornia, BY CERTIFY that the for __ __~ ~~ nance was introduced and Iead at a regular meeting of the City Council of said city duly held on the 15th day of March, 1955, and thereafter at a regular meeting of said City Council dn3y held on the 5th day of ‘April, 1955, was reread, duly passed .and adopted by sa Council and signed and approved Mayor of said City, and that sa nance was passed and adopted by a vote of more than two-thirds of themembers of said City Councii, to wit: AYES : Councilmen Castorena, Ede, Helton Sutton, Mayor MeClelian. NOES : Councilmen None. ABSENT : Councilmen None&- I I^ \._ -,-.A .- . M. 0. F;’WALD City Clerk of the City of (SEAL) Carkbad, California STATE OF CALIP~RNIA ) COUNTY OF SAN‘ DIEGO ) ss. CITY OF CARLSBAP ) ‘\ il 6, 1955. , M. 0. EWALD City Clerk of the City of (SEptL) Carlsbad, California Publish April 7, 14, 1955 .- . I. Northeasterly along the of Tract 3 of Laguna Mesa Tracts, Map No. 1719, on file in the office of the County Recorder of San Diego County, to the North- westerly corner of said Tract 3 : thence Easterly along the Northerly line of said Tract 3 to thp Northeast corner of said Tract 3, said point being the &tersection of the Easterly prolunga- tion of ,the Northerly line of said Trmt 3, as shown on said Map No. 1719, with the center line of Road Survey No. 135, vacated ; thence North- easterly along the various courses of Road Survey No. 135, vacated, said center line now being the lot line be- westerly alone a line parallel with said Northeasterly right-of-way line 470 feet to an intersection with the prolongation of the -Northwesterly line of Oak Avenue; thence South- westerly along said prolongation 140 feet more or less to the South’ReSterly line of said AtchiSon, Topeka, and a straight line from said North- ’ westerly corner of Lot 15, Block “H”, to the Southwesterly corner of Lot 11, Block “G”, of said Map No. 1747: thence Northwestwly along the South- westerly line of Lots 11 12 13 14 and 15 of said Block ’“G”’ to ‘the Northwesterly corner of said Lot 15, Block “G”; thence in a straight line from said Northwesterly corner of said Lot 15, Block “G” to the South- westerly corner of said Lot 11 Bloek “F” of said Map No. 1747;’thence along the Southwesterly line of Lots 11, 12, 13, 14 and 15 of said Block “F” to the- Northwesterly corner of said Lot 15, Block “P“: thence in a straight line from said Northwesterly corrner of said Lot 15, Block “F”, to the Southeasterly cornier of Lot 9 Block “E”, of said Map No. 1747: thence Northwesterly along the North: easterly line of said Lot 9 to the Northeasterly corner of said Lot 9; thence Seuthwesterly along the North- westerly line of said Lot 9 and Lots 8, 7 and 6 of said Block “E” to the Northwesterly corner of Lot 6. thence Southeasterly along the Southkesterly line of said Lot 6 and the Southeaskr- IY prolongation of said Southwesterly line to an intersection with the cente+ line of Hemlock Avenue, as shown on said ‘Map No. 1747; thence South- westerly along the center-line of said Hemlock Avenue to an intm&~io~ with the Westerly line of said old California State Highway Xl-SD-2B : thence Northwestwly along said West: erly line, its various courses and dis- ,tances and along the Westerly line of Ocean Street, as shown on Carlsbad Map No. 1661, on file in the Count1 Recorder’s office, San Diego County to the Southeasterly line of Oak Ave: nue, as shown on Man 53.5 of Carl.- . .- ___^_ bad Townsite ; thence Southwesterly, to the Mean High Tide Line of the Pacific Ocean ; thence Northwesterlj. along said Mean High Tide Line to an intersection with the Nwthwesterly line of Lot 1, Granville Park, as shown on Map No. 1782; thence East- erly along the Northwesterly line of said Granville Park, its various courses and distances to the point of intersection of said line with the Westerly right-of-way line of the Atchison, Topeka and Santa Fe Rail- way Company right-of-way, as shown on said Map No. 1782; thence in a straight-line to the Northwest corner of Lot 18, Seaside Lands, Map No. 1722, said point being the point of beginning; s) Also,,all of Lots 6 to 32, inclusive, and Lots 42 to 47 ’ inclusive of CARLSBAD ESTATE;, accordink to Nap thereof No. 3019, on file in the office of the County Recorde; of San Diego County.. Also, a poi-tion of Tract 117 of Carlsbad Lands, Map No. 1661, filed in the office of the County Recorder of San Diego County, described as follows: beginning at a point on the North line of said Tract 117, distant thereon North 89O 57’ West, 650.05 feet from the Northeasterly corner of said Tract 117; thence North 890 57’ west along said Northerly line 193.60 feet to a point therein; thence South 34O 33’ East, 465 feet; thence North 55O 27’ oEast, 159.36 feet: thence North 34 33’ West to the point of beginning. EXCEPTING THEREFROM the following described lands: All that portion of the ego. State of Califonnia being a por- tion of Lots 2, 5. 6 ani 8 of Section 1, T. 12 S. R. 5 W. S.B.B. & M., and more palticularly described as fol- lows : Beginning at the intersection of the Northwesterly line of Grand Avenue, 100 feet wide, with the Southwesterly line of The Atchison, Topeka and Santa Fe Railway Company’s right- of-way; thence North 34O 51’ West along said Southwesterly right-of-way line 595 feet, more or less, to a point in the south line of said Lot 6 said point also being in the Southerl; line of that oertain 2.70 acre parcel of land as described in deed dated Sep- tember 27, 1909, to The Atchison, To- peka and Santa Fe Railway Company, recorded in Book 476, page 243 of Deeds, Records of said County: thence along the Southerly and Southwester- ly lines of said 2.70 acre parcel the following courses: West 36.55 feet; thence North 340 51’ West 65.0 feet: thence South 55” 09’ West 9.32 feet; thence North 410 33’ West 1388.04 feet to a point in the Southwesterly line of said Railway Company’s origi- nal right of wdy, 200 feet wide; thence leaving the Southerly and Sotthwesterly lines of said 2.70 acre parcel, Northwesterly along the South- westerly line of said (Railway Com- pany’s original right-of-way, being in the arc of a curve concave North- easterly and having a radius of 1532.69 feet an Iyrc distance of 171.48 feet to the point of intersection of the Northwesterly line of Granville Park as shown on Map No. 1782; thence Northerly along the Westerly boundary of the earlsbad Sanitary District 250 feet, more or less, to a point in the Northwesterly prolonga- tion of a line which is parallel with and distant Northeasterly 100 feet at righk anglee from tha aforesaid eouse Polling Place : Carlsbad Elementar3 Scho.01, 801 . Pine Avenue, Carlsbad, Cali. forma. Polling Place : Carlsbad Elementar3 Scho.01, 801 . Pine Avenue, Carlsbad, Cali. forma. Inspector : Carol A: McLaughlin Judge: Percy B. Holmes Clerk: Gladys L. Harris SPECIAL ELECTIbN PRECINCT E shall consist of Regular Election Precinci Carlshad 3 and those portions of Carls bad 9 and Carlsbad 10 which lie withir the boundaries of CITY OF CARLSBAC SEWER DISVRICF NO. 1. Polling Place: St. Michael’s Paris1 Hall, 275 Oak Avenue, Carlsbad, Califor. nia. Inspector: Violet B. Wiehle Judge: Anna L. Halberg Clerk: Blossom Biehl Section 8. That on the ballots to be used at said election in addition to all ,ther matters provided by law, there shall >e printed substantially the following: MARK CROSSES (X) ON BALLOT ONLY WlTH RUBBER STAMP: NEVER WITH PEN OR HENCIL. (ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL.) INSTRUCTIONS TO VOTERS To vote on any measure, 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. On absent voter’s ballots mark a cross (X) with pen or pencil. Shall the “CITY OF CARLSBAD SEWER 1 DISTRICT NO. 2” in- I cur a bonded indebt- edness in the sum of $60,000 in accord- ance with the “Mu- 1 nicipal Sewer District Act of 1939,” and ord- inances of the City of Carlsbad, for the pur- pose of paying the cost I I 1 YES I and expenses of a por- tion of a prupwsed district improvement, to wit: the acquisition and construction of a sewage treatment and disposal plant, inclad- ing the acquisition of all’ land, buildings, pipe, pumps, WUIP- ment, apparatus and other property neces- sary therefor ? Section 9. A cross (X) placed in the roting square aftkr the word “YES’ in .he maliner hereinbefore provided shall m counted in favor of the adoptbn of ,he question or proposition. A cross (X) ?laced in the votin2 square after the Rord “NO” in the manner hereinbefore >rovided shall be counted against the rdoption of the question or proposition. Section 10. That except as otherwise irovided in this ordinance the e!ection :alled hereby shall be conducted as pro- Tided by law for all munieipal elections n said city. Section 11. .That if said proposition so wbmitted at said election receives the .equisite number of votes,” to wit: two- birds of the votes of the qualified voters roting at said election. ban@ of said listrict in an amount not exceeding said :um of $60,000 shall be issued and sold is provided by law to provide funds for the purpose hereinabove stated and in said Ordinance of Intention, arid the Yroperty in said district shall be taxed .o pay the interest and principal of said mnds as provided by law. Section 12. That the City Council of laid City shall meet at ita usual place of neetins in the City Hall on May 3, 1955, Lnd proceed to canvass the-election re- .urns and deklare the result of said dection. Section 13. That the City Clerk shall :ertify to the p’assage and adoption of .his ordinance and shall cause said ordi- lance to be published twice prior to the ?le;tiou in the CARLSBAD JOURNAL, a Peekly newspaper of general circulation, printed and published in said city. No 3ther notice of such election need be riven. ?ffect upon its passage. Section 14. This ordinance shall take ADOPTED. SIGNED AND APPROVED this 5th -day of April, 1955. ., C. D. McCLELLAN Mayor of the City of Carlsbad, California ATTEST : M. 0. EWALD, City Clerk of the CiT, of Carlsbad. California