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59R-5116 .......' ,--- ~ RESOLUTION NO. 5116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALLING A SPECIAL ELECTION ON THE 2ff DAY OF fNE... , 19 t:;g ,IN A CER AIN TERRITORY I THE COWNTY OF ORANGE CONTIGUOUS TO THE CITY OF ANAHEIM PROPOSED TO BE ANNEXED TO SAID CITY OF ANAHEIM; PROVIDIID FOR THE HOLDING OF SUCH ELECTION AND SUBMIT- TING TO THE ELECTOU :RESIDING IN SUCH TERRITORY THE QUESTION \'ffi.t!.-t:ttltR streB: TERRITORY SHALL BE ANNEXED TO, INCORPORATED IN, AND MADE A PART OF SAID CITY OF ANAHEIM AND THE PROPERTY IN SUCH TERRITORY BE, AFTER SUCH ANNEXATION, SUB- JECT TO TAXATION EQUALLY \~TH PROPERTY \flTHIN THE CITY OF ANAHEIM TO PAY ITS PRO RATA PORTION, BASED UPON ASSESSED VALUATION, OF ALL THE BONDED INDEBTEDNESS OF SAID CITY QIt' ANAHEIM OUTSTANDING ON THE ~OTH DAY OF F~ ,19~, OR THER 01<"ORE AUTHORI ZED; BING SAI~ TERRITORY AND DESIGNATING IT BY THE NAME OF ESTABLISHINlN.&TEi~~$p~I.ab POLLING ; PLACE IN SAID TERRITORY; APPOINTING THE OFFICERS OF ELECTION FOR SAID SPECIAL ELECTION, AND PRO- VIDING FOR THE PUBLICATION OF NOTICE OF SUCH ELECTION. WHEREAS, the City Council of the City of Anaheim did on the tf,th day of Februarv , 19 S9 ,receive a written peti on asking that certain new territory described in said petition be annexed to the City of Anaheim; and WHEREAS, said territory so proposed to be annexed to said City of Anaheim is situated in the County of Orange, State of California, and is oontiguous to the City of Anaheim, and said petition oontains a description of said 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 qualified electors residing within the territory hereinafter described, as shown by the County Registration of Voters; and WHEREAS, said new territory proposed to be annexed to said City of Anaheim does not form a part of any municipal corpor- ation, and more than twelve (12) qualified electors residedwithin the boundaries of the territory proposed to be annexed at the time of the filing of said petition for said annexation, and said electors are bona fide residents of said new territory and said terJ:'i-'cory is inhabited; and c,.......... 1,VHEREAS, on the 10th day of Februarv , 19 59 , the City Council of the City of Anaheim did ado~t its Resolution No. -S'US-. declaring its. intention to call a. ;;;pecia.l election to be hel~ no~ sooner t~~n :tfty-f~lr (54) days nu~ later than C'e\T'3!l-l-:;._f'178 (7:;' daYf; af'~e7' the tC::'rlination of' l:,k:.B heari::1g of ['1'0+;('[18/ und of it3 jnte::Jtion ~o subrr.:it t118 quest:;'on of annex.a- tion to the 61e0tc~3 r6std~ng in the tArri~nry described in said wrttt8~ petitioD; ~1~0h repol~~ton did spocifi~ally describe the DCYcl11cL'ies 0f +;:16 tJrrjtOl':{ prJposed to be annexed, and designate the '::;f;;:ritory by tho name 0f KNOTT-CERRITOS ANNEXATION b~ which it should be referred to UpO'1 t:.e OD.l.:ots ~188d &-.; the ale~tion.. and did contain a notice cf the dOJ~ hour and place where any person owning real property within said territory could appear before the legislative body of -1- ".- ,,,... ,-'.--" 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 ~7t'h day of __' r'.'@.rs:h__._, 19..50_; and the City Council did fin and netm:rnlne that 'the prulJolJonTs who filed said peti- tion for annexation had done and performed all of the things re- quired to'be done and performed by the Annexation Act of 1913 \~itle IV, Division 2, Part 2, Chapter 1, Articles 1 to 4, inclu- sive, of the GO'lernment Cede of the State of California) and did further find that al: of the provisions of said Annexation Act of 1913, as a~endod. required to be complied with before the adop- tioI"of said. resolutIon had been complied Hith 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 news- paper 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 land, 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 SUQh land sufficient to identify it on the last oqualized 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 1.1/HEREAS~ saie. 01 ty CouDci 1 did.! pursuant to its Resolu- tion No. 5035 ,holo., a puhlic moeting ana. hearing on the 17th_ day of March , .1-9.5.2...._, at the hOel!' of 3:~ o'clock P.M. in the City l'o....mdl Chamber in the City Hall) in t e ~iity of Anaheim, the dato fixGd in said resolution as the day, hour and place when and where an;}" ana. all persons o.ming real property within the boundaries of the territory so proposed to be annexed and having any objections tc the proposed annex~tion~ might appear before the 01 ty C:ouncU. of the Oi ty of Anah8im and show cause why such terri to!'"! should not be so nnr:(O,xod~ wl:1ich .3i'.~Ld resolution did notify all persons ha'.'ing any ob ,~ect;loD3 to ~u<:h proposed annexa.:. tion tc app ear on said dat.o at :mid hC-,).r and pls.ce to show cause, if any they had.l 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 agains t the annexation of said territory to the Oi ty of Anaheim must be in Hriting and filed with the Oi ty 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 ob- jections to said election and annexation.of said territory to the City of Anaheim, in the Anaheim Gazett.e, a newspaper ot: general circulation, published and ciroulated in the City of Anaheim, County of Orange, State of California; and WHEREAS, at public hearings held on the l~th and dlst d~YS of ~arch. lq~9 ____, t e City ouncil o the C ty of Ana:1.eim did hola. hearings to hear all written pro- tests theretofore filed objecting to the calling of said special election or the annexation of said terri tCI'Y hereinafter described to the Oi ty of Anaheim" and the City Council does hereby find that written protosts were not made by the owners of one-half (1/2) of the value of the territory proposed to be annexed~ as shown by the last equalized assessment roll, or otherwise; and -2- - -"-, -'-- iffiEREAS, said petition contains a request that the City Counci 1 of the City of Anaheim call a special election to be hold in said territory thereby proposed to be annexed to said City of Anaheim and giving notice thereof as required by law, and to sub- mit 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 said petition also contains a request that the question to be submitted at such special election to the electors residing within said new terri~ tory shall be whether said now territory shall be annexed to, in~ corporated in, and made a part of said 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 ass essed valuation of all bonded in- debtedness of the City of Anaheim outstanding or authorized at the date of the filing of said petition, to wit: February 10, 1959 · NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a speoial eleotion be and the awne is hereby called to be held on Tuesdav . ' the 2nd day of J'Yle 1 19 59_1 in said new territory mentioned in the petition aforesaid ~reinafter 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 proporty 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 10th day of February , 19 1)9 , or theretofore author- ized. The now territory in which such special election is hereby called and shall be held, is situated in the County of Orange, State of California, the boundariGs of whic h are de... scribed as follows: "...... _. -3- .- I" ..- KNOTT-CERRITOS ANNEXATION A tract of land being portions of Sections 15, 22 and 23 in Township 4 South, Range 1 I West, S. B. B. & M., located in the County of Orange, State of California, described as follows: Beginning at an angle point in the existing Anaheim City limits line as established by the Bal I-Dale Annexation to the City of Anaheim, as passed by Ordinance No. 1099 on November 13, 1956, and fi led with the Secretary of State on December 13, 1956, said point being in the south line of the Nt of the Nt of said Section 23, said point also being in the northeasterly line of the Pacific Electric Railway 100-foot wide right of way j thence, 1. Southeasterly along said right of way line to the point of inter- section with the easterly prolongation of the south line of Tract 1098 as shown on a map filed in Book 39, Pages land 2 of Miscellaneous Maps in the office of the County Recorder of said Orange County; thence, 2. Westerly along said easterly prolongation and south line to the point of intersection with the west 1 ine of the SE~ of the SW~ of the NW~ of said Section 23, said point of intersection being also an angle point in the existing City limits of the City of Stanton; thence, 3. Following said City of Stanton City limits line southerly 203 feet, more or less; westerly 400 feet, more or less; southerly 132 feet, more or less; westerly 230 feet, more or less; northerly 70 feet, more or less; westerly 400 feet, more or less; southerly 210.50 feet, more or less; easterly 142 feet, more or less; and southerly to a point, said point being in the northerly right of way line of Cerritos Avenue 60 feet wide, said point also being in the City limits line of the City of Cypress; thence, 4. W~sterly fol lowing said Cypress City limits line 1760 feet, more or less, to the point of intersection with the City limits line of the City of Buena Park; thence, 5. Following the City limits line of the City of Buena Park northerly to the point of intersection with the south line of said Section 15; thence, -4- --- ....-'< 6. Easterly along the last mentioned south line to a point, said point being in the east line of the westerly 130.35 feet of the Southeast ~ of the Southeast ~ of said Section 15; thence, 7. Northerly along the last mentioned easterly line to the point of intersection with the northerly line of the Pacific Electric Company's right of way; thence, 8. Northwesterly along the last mentioned northerly line to the point of intersection with the west line of the Southeast ~ of the Southeast ~ of said Section 15; thence, 9. Northerly along the last mentioned west line to the point of intersection with the north line of the Flood Control Channel, 72 feet in width, as shown by the Orange County Flood Control District acquisition map, B-1, 4a; thence, 10. Northeasterly along the last mentioned north line to the point of intersection with the existing Anaheim City limits line as established by said Ball-Dale Annexation; thence, 11. Following said Anaheim City limits line southerly to the point of intersection with the northerly line of the Pacific Electric Company's right of way; thence, 12. Fo1 lowing the last mentioned northerly right of way line, said line also being the existing Anaheim City limit line, southeasterly to the point of beginning. .~=-.~~ -5- - ~-,- 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 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, in- corporated in, and made a part of the City of Anaheim, and the property in said new territory be, after such annexation, sub- Ject to taxation equally with the property within the City of Anaheim, to pay its pro rata portion, based upon assessed valuat- ion, of all of the bonded indebtedness of said City of Anaheim outstanding on the lOth day of Fe~rUary , 19 t;g , or theretofore authorized, shall be submit ed to the electors re- siding in said new territory BO proposed to be annexed to said City of Anaheim. That said new territory hereinbefore and in said peti- tion for annexation described is hereby designated as II "KNnTT-cERRTTOS ANNEXATION" and said territory shall be indicated and referred to by the name of KNOTT-CERRITOS ~~~TICN upon the ballots to be used at said special elee ion, at whieh the question of such annexation of said territory to the City of Anaheim is submitted to the electors of said territory, and the name KNOTT-C~RRITOS ANNEXATION , whenever used in the notice of said specia election hereby called in said territory, and any and all proceedings for the annexation of said territory to the City of Anaheim shall mean and shall be construed to mean the territory hereinbefore and in said petition described, and so proposed by said petition to be annexed to said City of Anaheim. That on the ballots to be used at said special election in addition to any other matters required by law, there shall be printed substantially the following: MARK CROSS (+) ON BALLOT ONLY WITH RUBBSR STAMP: NEVER WITH PEN OR PENCIL. (ABSENTEE BALLOTS 14AY 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 "YEsn or after the word IINO". All marks, except the cross (+), 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 ot election and ob- tain another. On absent voter's ballots mark a cross (+) with pen or pencil. -... ..-- -6- -- MEASURE SUBMITTED TO VOTE OF VOTERS ...,~, : Shall KNOTT-CERRITOS ANNEXATION . .~ be a.nnexed to the Oi ty of Anahelm, Call for- : :nl&, and the property In sald YES :J:WQ1T-CERRlTOS ANNEXATION ,be, atter : :iUih annexation, subJeot to taxatlon equal-: :1, V1th the property within sa1d City ot : : Anahei., to pay its pro rata ~ortion, based: :upon assessed valuation, of all bonded in- : :debtedness of said City of Anahelm outstand- NO : ing on Februa~ 10 I 19 59 ,or :theretofore aut orized? . . A cross (f) placed in the voting square after the word "YES" in the manner hereinBefore provided shall be counted in favor of the aduption of .the p::oposi tion or me!'l.sure. A cross (f) placed in the voting equar'e after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the proposition. The qualified eleotors 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, atter annexation, to taxation equally with the property within sald City of Anaheim, to pay its pro rata portion, based upon assessed valuation, of all bonded indebtedness of said City of Anaheim out- standing on Februarv 10 , 19~_, or theretofore author- ized, by stamping a cross (f) in the-votIng squa.re after the word " YES II on the ballots to be used in said eleotion or by st&lllping a oroes (:I-) in the vo ting square atter the word ~.Oll on ~uch balJ,01B. If an elector shall stamp a oross (+) in the voting square atter the printed word IlYESII, the vote or-suoh elector shall be counted in favor of said territory being annexed to, incorpor$ted in, and made a part of the City of Anaheim and the property in said terri- tory be, after such annexation, subject to taxation, to pay its pro rata portion, based upon assessed valuation, ot all bonded indebtedness of said City of Anaheim outstanding on February 10, , 19 59 ,or theretofore authorized; and if an elector shall stamp a cross (+) in the voting square atter the printed word IINO", the vote of such elector shall be counted against such annexation. AND BE IT FURTHER RESOLVED that for the purpose of hold- ing said election there shall be, and here is established, one election precinct designated as hereinafter stated. The polling place tor sa1d precinct shall be the place hereinafter designated and the persons hereinafter named, being competent and qualified electors and residents of sa1d territory and of said eleotion preoinct, are hereby appointed offioers of eleotion and they shall hold 8a1d election and make return thereof 1n the manner provided by law. - ......,~-' l\NOTT-CERIUTOS ANNEXATION cinct shall consist of allot said above described pose4 to be annexed to the City ot Anaheim for the holdlng said election. voting pre" territory pro- purpose of .'7 . - - Polling Place: Peter Shaw Garage, 7082 Brady Avenue, Anaheim, Orange County, California. Inspector: El izabeth Shaw ,.-.. Judge: Judge: Eva Joyce Parker Dorothy E. Kitchens 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 Anaheim and the Annexation Act of 1913 (statutes 1913, Chapter 312, Title IV, Division 2, Part 2, Chapter 1, Articles 1 to 4 1nolusive, of tke 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 Anaheim be, and he is hereby, authorized and directed to give notice of said special election by causing a notice thereof to be published once a week for four (4) successive weeks prior t,o the 2nd day of June , 19 ~9 ,in the Daily News of Garr1p.~ Grove. Cflr.ifornia ,a newspaper of general circulat- lon printed and pub ished outside of the City of Anaheim, but in ~ae ~ounty of Orange, 1n which the territory so proposed to be al,nexed to the Oi ty of Anaheim is situated. Such notioe shall diatlnctly state the date of such special election, the measure or proposition to be submitted at such special election, to wit: T~at it is proposed to annex to, incorporate in, and make a part of aaid City of Anaheim the aforesaid territory sought to be annexed and shall specifically 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, :0 pay its pro rata portion, based upon assessed valuation, of III oonded indebtedness of said City of Anahe1m outstanding on the 10th day of February , 19 59 , or theretofore ~thorized. Such notice shall distinctly designate said terri- t1ry proposed to be annexed to said City of Anaheim as ~OTT-CE~TOS ANNE{ATION" as the name by which such terri- tory shall e indicated upon the election ballots; that such notic~ shall instruct the electors how to vote at said special electbn; that with respect to the assumption of bonded indebted- ness SF;.ld notice shall: 1. state distinctly the proposition to be subm1 tted. '. Specify the improvement or improvements for which the indebtedness was incurred or authorized. 3. State the amount or amounts of such indebtedness )utstanding at the date of the first publicat- i~n of the notice. 4. st~te the ~nount authorized to be represented by b0nds to be issued. 5. state the maximum rat~ of interest payable or to be paya~lo on the ind6btedness. ,...... Such notice shall designat.e the elec~ion precinct, the plaoe at wn"ch the polls will be open, and the hours at which such polls will be open for such electicn in sai1 new territory as establish- ed by this resolution. In such notic~, the qualified electors residing in said new territory so pro~osed to be annexed shall be directed to vote u;'(\n the question of 9.nnexation as hereinabove nrovldcd. .,,8,... .- -- "- AND BE IT FURTHER RESOLVED that irmnedia te ly 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 not less than six (6) days nor more than seven (7) days from and after the date of 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 adjournments. Immediately upon 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 cast, and the number of votes cast for and against annexation and thereafter the City Council shall take and conduct such further proceedings 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 ~lst day of r..larch , 19 ~9 . MAyo/l rJ'CI:r~ STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM I, DENE M. WILLlPJ':S , City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at an adjourned regular meeting provided by law of the City Council of the City of naheim, held on the 31st day of March ,19 59 ,by the following vote: AYES: COUNCILMEN: Borden, Coons, 1111 and Schutte NOES: COUNC ILMEN: None ABSENT: COUNCILMEN: Pearson AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 31st day of March , 19 59 . IN WITNESS \VHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 31st day of March ,19 59 . ~:~F-~ANMmIM. - (SEAL) -9-