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64-576RESOLUTION NOo 64R-576 A RESOLUTION OF THE CITY CdC: ~IL OF THE CITY OF ANAHEIM CALLING A SPECIAL ELECTION ON THE 29th DAY OF SEPTEMBEF{ 0 19 64 , IN A CERTAIN TERRITORY IN THE COUNTY OF 6--RANGE CONTIGUOUS TO THE CITY OF ANAHEIM PROPOSED TO BE ANNEXED 'TO SAID CITY OF ANAHEIM; PROVIDING FOR Tt{E HOLDING OF SUCH ELECTION AND SUBMITTING TO THE ELECTORS RESIDING IN SUCH TERRITORY THE QUESTION WHETHER SUCH TERRITORY SHALL BE ANNEXED TO~, INCORPORATED IN~ AND MADE A PART OF SAID CI~ OF ANAHEIM AND THE PROPERTY IN SUCH TERRI- TORY BE~, AFTER SUCqq ANNEXATION~o SUBJECT TO TAX- ATION EQUALLY WITH PROPERTY WITHIN THE CITY OF ANAHEIM TO PAY ITS PRO RATA PORTION,~ BASED UPON ASSESSED VALUATION~ OF ALL THE BONDED INDEBTED- NESS OF SAID CITY' OF ANAHEIM OUTSTANDING OR AUTHORIZED ~AS OF THE DATE OF THE FIRST PUBLI- CATION OF PHE 'NOTICE OF SPECIAL ELECTION, OR TF~ERETOF©~E AUTHORIZED; DESCRIBING SAID TERRI- TORY AND DESIGNATING IT BY THE NAME OF WAGNER-RIO VISTA ANNEXATION ESTABLISHING AN ELECTION PRECINCT AND POLLING PLACE IN SA~D TERRITORY; APPOINTING THE OFFICERS OF ELECTION FOR SAID SPECIAL ELECTION~ AND PRO- VI, DING FOR THS PUBLICATION OF NOTICE OF SUCH ELECT/ON WHEREAS, the Cits~~ Councll of the City of Anaheim did on the 7th day of JUly , 19 64 , receive a written petition ask~n? that certai~n new ter~%tory described in said petition De annexed to the C~%? of Bn~heim; and WI~REAS sald territory so proposed to be annexed to said City of Anake~m ]~ a~tu~_~ted in the County of Orange, State of CalifoInia~ and 1~ cont.~c~uous to the City of Anaheim, and said petlt~on contains a desc~lpt~on of said territory in words and fiqures as here~lr~fie~ in this !esolution described; and WHEREAS~ sa~[d petiticn is slgned h,y not less than one-fourth of the qualified elector~~ res.iding w~thLn the territory hereinafter describ, ed, as sho~ t?~ the County Registration of Voters~ and WHEREAS,, s~d new territory proposed to be annexed to said City of Anahei~ does not form a part of any municipal corporation, and more than twelve ~ [2~ qualified electors resided within the boundaries of the te~:ito~y proposed, to be annexed at the time of filing of said peti~or~ for ~aid a~.r~.exation~ and said electors are bona fide 3res.kdemts of s~:d new territory and said territory is inhabited; and WEEREAS on the 7 th day of July ~ 19 64 , the City Council of t~e C.it.%. of Anaheii~ did adopt its Resolution No. 64~i-478 , dec!a~,'~g ~ ta J~tention to call a special election ~to be held not sooner than flfty-four [54) days nor later than seventy-five (75) days after the te~m~n~t~o,~ of the hearing of plotests, and of its intention to sub~,~,~t the ~est±on of annexation to the electors residing ~n the territory desc~'ibed 'in said written petition, which resolution did specificall~~ describe the boundaries of the territory proposed to be annexed, and designate the territory by the name of WAGNER- kIO VISTA ANNEXATION__ by Which it should be referred to upon bal]ot~_~ used at the election, and did contain a notice of the day', ho~r and place where any person owning real property within said territory could appear before the legislative body of the City of Anaheim and show cause why such territory should not be annexed to the City, not less than fifteen (15) days nor more than forty (40) days after the passage of said resolution, to wit, on the ~h day of Au~us~ ~9 64 ; and the City Council did find and determin~ that the proponents who filed ~said petition for annexation had done and performed all of the things required to be done and performed by the Annexation Act of 1913 (Title IV, Division 2, Part 2, Chapter 1, Articles 1 to 4, inclusive, of ~the Government Code of the State of California) 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 com- plied with prior to the adoption thereof, which resolution was duly published once a week for two weeks prior to the hearing in a newspaper of general circulation published in the City of Anaheim, there being no newspaper of general circulation published in the territory proposed to be annexed, and directed the City Clerk to cause written notice of such proposed annexation to be mailed to each owner of an equitable or legal interest in the lland~ other than an easement or right of way within the territory to be annexed, who had filed his, her or its name and a general description of such land sufficient to identify it on the last equalized County Assessment Roll or with said Clerk, and further directed that said notice be mailed not less than twenty (20) days before the first public hearing on the proposed annexation; and WHEREAS, said City Council did, pursuant to its Resolution No. ~k-~Y$ , hold a public meeting and hearing on the 4th day of ~u~us~ , 1964 , at the hour of Y:00 o'clock P.M. in the City Council Chambers in the City Hall, in the City of Anaheim, the date fixed in said resolution as the day, hour and place when and where any and all persons owning real property within the boundaries of the territory so proposed to be annexed and having any objections to the proposed annexation, might appear before the City Council of the City of Anaheim and show cause why such territory should not be so annexed, which said resolution did notify all persons having any objections to such proposed annexation to appear on said date at said hour and place to show cause, if any they had, why such territory should not be annexed, and further notifying such persons that any protests against the calling of an election to submit to the electors residing within said territory the question of annexation to the City of Anaheim, and any protests against the annexation of said territory to the City of Anaheim must be in writing and filed with the City Clerk of the City of Anaheim not later than the hour and date set forth in such resolution for the hearing of objections to said election and the annexation of said territory to the City of Anaheim, which said resolution was duly published once a week for two successive weeks prior to the date fixed for the hearing of protests and objections to said election and annexation of said territory to the City of Anaheim, in the Anaheim ~u~le~i~ , a newspaper of general circulation, published and circulated in the City of Anaheim, County of Orange, State of California; and WHEREAS, at/public hearing held on the 4'Eh day of Au~ust~ 1~64 a , the City Council of the City of Anaheim did hold/hearing to hear all written protests theretofore filed objec'ting to the calling of said special election or the annexation of said territory hereinafter described to the City of Anaheim, and the City Council does hereby find that written protests were not made by the owners of one-half (½) of the value of the territory proposed to be annexed, as shown by the last equalized assessment roll, or otherwise, and does further find that the value -2- of the territory proposed to be annexed does not equal one-half (1/2), or more, of that within the City, as shown by the last equalized assessment rolls, nor does the number of qualified electors of the territory equal one-half (1/2), or more, of the number of qualified electors within the City, as shown by the County registration of voters; and WHEREAS, said petition contains a request that the City Council of the City of Anaheim call a special election to be held in said territory thereby proposed to be annexed to said City of Anaheim and 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 Anaheim, and the property therein be, after such annexation, subject to taxation equally with the property within the City of Anaheim, to pay its pro rata share, based upon assessed valuation of all bonded indebtedness of the City of Anaheim outstanding or authorized as of the date of the first publication of the notice of said special election; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a special election be and the same is hereby called to be held on Tuesday , the 29th day of September 19 64 in said new territory mentioned in the petition aforesaid a~d hereinafter more particularly described, and proposed to be annexed to the City of Anaheim, for the pur- pose of submitting to the electors residing in said new territory the question whether the said new territory shall be annexed to, incorporated in, and made a part of the City of Anaheim and the property therein be, after such annexation, subject to taxation equally with the property within said City of Anaheim, to pay its pro rata share, based upon assessed valuation, of all of the bonded indebtedness of said City of Anaheim outstanding on the 27th day of August .... , 19 64 , or theretofore authorized. 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, the boundaries of which are described as follows: -3- WAGNER-RIO VISTA ANNEXATION Revised April 10, 1964 That parcel of land, located in the County of Orange, State of California, described as follows' Beginning at a point in the existing City Limit line of the City of Anaheim as established by the Wagner-Sunkist Annexation passed by Ordinance No. 1616, September 5, 1961 and filed with the Secretary of State October 5, 1961 and recorded in the office of the County Recorder of Orange County, California, October 9, 1961, said point of beginning being the most Southeasterly corner of the aforementioned Wagner-Sunkist Annexation, said Southeasterly corner being the intersection of the Southerly prolongation of the East line of the West half of the Southeast quarter of Section 13, Township 4 South, Range 10 West, S~B~B~ & M~, with a line parallel with and 30.00 feet Southerly as measured at right angles from the North line of the Northeast quarter of Section 24, Township 4 South,, Range 10 West, S~B~B~ & M.? said parallel line also being the Southerly right of way line of Ball Road, 60~00 feet in width; thence Following along a portion of the existing City of Anaheim City Limit line as established by said Wagner-Sunkist Annexation the following courses and distances: North 00° 13' East 2,650 feet, more or less, along the said Southerly prolongation and along the said East line of the West half of the Southeast quarter of Section 13, to an intersection with a line parallel with and 20.00 feet Southerly as measured at right angles from the North line of the Southeast quarter of said Section 13; thence South 89° 54' East 1,350 feet, more or less, along the last mentioned parallel line and the Easterly prolongation thereof to an intersection with a line parallel with and 30.00 feet easterly as measured at right angles from the West line of the Southwest quarter of Section 18, Township 4 South, Range 9 West, S~B.B. & M., in the Rancho San Juan Cajon de Santa Ana, as shown on a Map recorded in Book 51~ page l0 of Miscellaneous Maps, records of Orange County, California; thence -4- AND BE IT FURTHER RESOLVED that the polls' of said election shall be opened at 7:C0 o"clock A.M. of the day of said election and shall remain open continously from said time until 7:00 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. 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 paxt of the City of Anaheim~ and the prope=ty in said new territory'be~ after such annexation subject to taxation equally with the property within the City of Anaheim, to pay its pro rata portion, based upon assessed valuation, of all, of the bonded indebtedness of said City of Anaheim outstanding or, the 27th day of August , 19 ~4 or' theretofore autho~ized, shall be submitted to the electors residing in said new 'territory so proposed to be annexed to said City of Anaheim. That said new territory hereinbefore and in said petition for annexation described is hereby designated as WAGNER-RI0 VISTA ANNEXATION, and said 'territory shall be ~nd~cated and refemred to by the name of WAGNER-RI0 VESTA ANNEXATION upon the ballots to be used at said special election, at which the questiOn of 'such annexation of said territory to the City of Anaheim is submitted to the electors of said te~ritory~ and the name ~WAGNER-~io VISTA ANNEXATION ~__ ~~ whenever used in the notice of sa~,d special eiect~ ~ ?ere~,~ ~a~,led ~,n said te~ritory~ and any and all proceedi~,gs for ti%e ac, Dex~t~o'~ of sa~d territcry to the City of Anahe~m~ sAail ~ean and shall he ~'~cv~s~tr%~ed to mean the territoFy hereinbefore and in sia~,d petition descr!~ed, asd so proposed by said petition to be annexed to said Ciuy of ~ That on the ba.llots to be used at said special election in addition to any othe~ ~natte~s requ!Ied by law, there shall be printed substantially the follow~ng: MARK CROSS %+) ON BALLOT ONLY WITH RUBBER STAMP: NEVER W/TH PEN OR PENCIL~ (ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR PENC]L~i~ 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 dis- tinguish~ng ~arks or erasures are forbidden and make the ballot void If you wrongly stamp~ tear or deface this ballot, return it to the ~nspector of election and obtain another. On absent voter~ 's ballots mark a cross (+) with pen or penc~ 1. MEASURE SUBMITTED TO VOTE OF VOTERS : Shall .WAGNER-RI~ VISTA ANNEXATION : be annexed to the City of Anaheim, California~ : and the property in said WAGNER-kI0 VESTA , : ANN~u%TION, be~ after : such annexation~ subject to 'taxation equally : with the property within said City of Anaheim, : to pay its pro ~ata portion, based upon assessed : valuation, of all bonded indebtedness of said : City of Anaheim outstanding on August 27, : 1% 6~ ,~ or theretofore authorized? A cross (+} placed in the voting square after the word "YES" i.n 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 hereinbefore provided shall be counted against the adoption of the proposition. The qualified electors residing in said new territory so proposed to be annexed to said City of Anaheim are hereby directed to vote upon the question of the annexation of said territory to the City of Anaheim and the subjection of said territory~ after annexation~ to taxation e~aally with the property within said City of~Anaheim, to pay its p~o rata portion~ based upon assessed valuation~ of 311 bon~d indebtedness of sa~d City of Anaheim outs~a~ding on. .AuEust 27~ 19 64 ~ or theretofore autho~iz~d, ~y stamping a cross (+) in the voting square after the word "~# On the ~allots to be used in sa~d election~ o~ by stamping a cross (+) in the voting square after tke word "NO" on such ballots. If an elector, shall stamp a cross {+) in the voting square after the printed word "Y~S"~ the vote of such elector sha~l be counted in favor of said territory being annexed to, incorporated ~n~ and made a part of ~he City of Anaheim and the property in sal. d territory De, afte~ such annexation, subJect~to taxation, to pay its pro rata portion, based upon assessed valuation, of all bonded indebtedness of said City of Anaheim outstanding on AuKust.2? ~ 19 64 ~ or theretofore authorized; and if an elector shall stamp a cross ~+1 in the voting square after the p~]nted word "~O", the vote of such elector shall be counted against such annexation. AND BE liT FURTHER RESOLVED that for the purpose of holding said election there shai~ be, and here is established~ one election precinct designated as hereinafter stated. The polling place for said p~ecinct shall be the p~ace hereinafter' designated and the person~ hereinafter named~ being competent and qualified electors and residents of said territory ~nd of said election precinct, are hereby appointed off~ce~s of e'~ect~on a~d they sha~ hold sa~d election and ~ake return thereof in the ~anner provided by ~aw. WAGNEr-RI0 VISTA ANNEXATION voting precinct shall[ consist of a~l of said above described territory proposed to be annexed to the City of Anaheim for the purpose of holding said election. Poliling Place: Inspector: Judge: Sterling Homes II Sales Office, 95.52 Marjan St., Anaheim, Orange County, California Harry Basse Joyce A. Olson Judge: Georgetta B. Collins Except as otherwise provided in this resolution~ said election hereby called shall be conducted as provided by law for municipal el. ections in the City of Anaheim and 'the Annexation Act of 1913 {Statutes 1913, Chapter ~12, Title IV, Division 2, Part 2, Chapter Articles 1 to 4 inclusive, of the Government Code of. the Stateof Cal~fornia) and all acts amendatory thereof and.~upplementary thereto. AND BE IT FURTHER RESOLVED that the City Clerk Of the City of Anaheim be, and she is hereby, authorized and directed to qi~e notice of said special e!ection by causing a notice thereof to be ~Ublished once a week for four (4} successive wee~s prior to the 29th day of September ~19 64 ~ in the Placentia Courier a newspaper of general circulation printed and published outside of the C~.ty of Anaheim, but in the County Of Orange, in which the territory so proposed to be annexed to the City of Anaheim J,s situated. -7- Such notice shall distinctly state the date of such special election, the measure or proposition to be submitted at such special election, to wit: That it is proposed to annex to, incorporate in, and make a part of said City of Anaheim the aforesaid territory sought to be annexed, and shall specifi- cally describe the boundaries thereof, and that after such annexation, such territory shall be subject to taxation equally with the property within said City of Anaheim, to pay its pro rata portion, based upon assessed valuation, of all bonded indebtedness of said City of Anaheim outstanding on the 27th day of August , 9 6~ , or theretofore authorized. Such notice-shall distinctl'~ ~e~ignate said territory proposed to be annexed to said City of Anaheim as WAGNER-RIO VISTA ANNEM~TION , as the name by which such terri- tory shall be indicated upon the election ballots; that such notice shall instruct the electors how to vote at said special election; that with respect to the assumption of bonded indebted- ness said notice shall: State distinctly the proposition to be submitted. Specify the improvement or improvements for which the indebtedness was incurred or authorized. State the amount or amounts of such indebtedness outstanding at the date of the first publication of the notice. State the amount authorized to be represented by bonds to be issued. State the maximum rate of interest payable or to be payable on the indebtedness. Such notice shall designate the election precinct, the place at which the polls will be open, and the hours at which such polls will be open for such election in said new territory as estab- lished by this resolution. In such notice, the qualified elec- tors 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 Anaheim; that at its next regular meeting held at least three (3) days after the election, the City Council shall canvass the returns. The canvass shall be completed at the meeting, if practicable, or as soon as possible, avoiding adjourn- ments. Immediately upon completion of the canvass, the legis- lative body shall cause a record to be entered upon its minutes stating the proposition submitted, the number of votes cast, and the number of votes cast for and against annexation and there- after the City Council shall take and conduct such further pro- ceedings as are provided for in the Annexation Act of 1913 and acts amendatory thereof and supplementary thereto, hereinabove referred to. THE FOREGOING RESOLUTION is approved and signed by me this 4th day of August , 19 64 MAYOR OF"~ CITY O'F t~N'~H-F.,.I~ ...... AT~T: ~, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) ss. I, DENE M, WILLIAMS , City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was intro- duced and adopted at a -- regular meeting provided by law of the City Council of the City of Anaheim, held on the 4th day of August , 19 64 , by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCILMEN: Pebley~ Dutton~ Schutte, Krein and Chandler COUNCILMEN: None COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 4th day of August , 19 64. IN WITNESS WHE~OF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 4th day of August , 19 64 CITY CLERK OF THE CITY OF ANAHEIM (SEAL) -9-