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58R-4413 RESOLUTION NO. 4413 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' ANAHEIM AUTHORIZING THE SALE OF THE EUCLID AND MAGNOLIA TRUNK SEWER LINES OF THE ORANGE COUNTY JOINT OUTFALL SEWER TO COUNTY SANITATION DISTRICTS 2 AND 3 AND AUTHOR- ISING THE EXECUTION OF AN AGREEMENT FOR THE SALE AND PURCHASE THEREOF. WHEREAS,tbe Cit~s of Anaheim, Brea, Buena Park, Fullerton Orange, and La Habra, the Sanitary Districts of Garden Grove, Placentia, Midway City, the Board of Supervisors of the County of Orange as the ~overning body of that portion of the La Habra Sani- tary District (dissolved) being outside of the city limits of La Habra, the Stanton County Water District, Los Alamitos County Water District and Cypress County Water District, and each of them, are owners of certain undivided fractional interests in and to all that certain property generally described and commonly known as the Euclid Trunk Sewer Line and/or the Magnolia Trunk Sewer Line; and WHEREAS, the City of Brea has entered into an agreement with the City of Fullerton to acquire certain interests and capacity rights in said Euclid Trunk Sewer Line, after the payment of certain sums of money, extending over a period of time, to the City of Fullerton, the payment of which said sums has not yet been completed; and WHEREAS, County Sanitation Districts Nos. 2 and 3 are willing to purchase said Euclid Trunk Sewer Line and Magnolia Trunk Sewer Line upon the terms and conditions hereinafter mentioned and set forth. NOW THEREFORE, BE IT RESOLVED by the Citv Council .of the Ci tv of Anaheim that the sale of the Euclid Trunk Sewer Line and Magnolia Trunk Sewer Line of the Orange County Joint Outfall Sewer, as more particularly described in Schedule RAu of the proposed agreement hereto attached marked RExhibit CU and made a part hereof, to County Sanitation Districts Nos. 2 and 3 for the sum of $3,333,400.00 payable in cash, lawful money of the United States, within the time and upon the terms and conditions as set forth in said agreement to be made and entered into by and between sellers and buyers, be, and the same is hereby authorized and approved, and said agreement is hereby author- ized and approved and the Mayor and the C~y Clerk be and they are hereby authorized to execu e said agreement for and on behalf of the City of tn~im to consummate sai sa e upon the terms and conditions therein specified. AND BE IT FURTHER RESOLVED that said purchase price to be paid for said facilities shall be paid to the City of Anaheim,as disbursing agent for the sellers and that said funds shall be distributed to each of the sellers in proportion to their respective interests and capacity rights in the facilities sold. THE FOREGOING RESOLUTION is approved and signed by me this 11th day of March , 1958. ~ /:,;~~~_L/C/~2.A__;;/-'~''--' M~yo~ of the ~1ty of' Anght:t1m ~'l\TESTL '"\- ~~ /%. u/d.e?.....~. CityClerk of the City of Ana.heim >......>....-.....~._......"" ----"..~.~_.=-._-_. ~,' ,. ._..........- -_.- ',.. ~.....".~.---".-,.."'- - AGREEMENT OF SALE AND PURCHASE THIS AGREEMENT is made by and between COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY and COUNTY SANITATION DISTRICT NO. 'j OF ORANGE COUNTY, hereinafter referred to as ;Buyers" and some- times referred to as District or Districts, and the following muni- cipal corporations or publiC corporations, hereinafter referred to as "Sellers", which are listed as follow: The cities of ANAHEIM, BREA, BUENA PARK, FULLERTON, ORANGE, LA HABRA, the Sanitary Districts of GARDEN GROVE, PLACENTIA, MIDWAY CITY, The Board of Supervisors of the County of Orange as the governing body of that portion of the La Habra Sanitary District (dissolved) being outside the city limits of La Habra, and the STANTON COUNTY WATER DISTRICT, CYPRESS COUNTY WATER DISTRICT AND LOS ALAMITOS COUNTY WATER DISTRICT. WITNESSETH: WHEREAS, the Sellers are cities and sanitary districts and other public corporations situated within the territory of the Buyers, and WHEREAS, the Buyers were organized and exist for the purposes of receiving, transporting and disposing of sewage and industrial wastes and related items originating within their respective territorial limits; and WHEREAS, in the organization and development of the Buyers it was contemplated that the development of treatment and disposal facilities would be accomplished first in cooperation with other County Sanitation Districts in Orange County, and subsequently there would be acquisition and constuction by the Buyers of trunk sewer lines and facilities for the transporting of sewage and indus- trial Vias,~es and related items to the aforementioned Jointly owned -1- EXHIBIT C treatment and disposal facilities, and WHEREAS, th~ Buyers have accomplished the first por- tien of their develc;pment arld are contemplating the second phase of development in order to serve the contir:ued and increasing demands of the territory within their respective boundaries; and WHEEEAS: Buyers propose to present a bond issue to the voters w:i,thin their territorial limits for the purpose of raising funds to acqu:'.re 'by purchase certain trunk seHers and related sewerage facilities owned by the SeJlers in varying percentages of oHf\ership, and in addition thereto to construct certain new trunk sewers and other sewerage facilities; and WHEREAS, Sellers are willing to sen the sewerage facilities hereinafter desc.ribed on the terms and conditions hereinaftel' set forth providing their existJ.ng rights and capacities will be protected; and WHE?EAS, it L; necessary to reach an agreement for such trunk sewers and G(;vverage faci1i tles as Buyers intend to acquire by purchase f;:om the Sellers, all of which is and shall be contingent upon the passage of said proposed bonds by two-thirds of the veters of each of said County San1taticn Districts, B'C'.yers here:Ln; and hlHEREAS, the ~,'oters and taxpayers in the terr1tory of both Sellers and Buyers are for the most part one and the same persons, and the reasonable value of tr.e subject sewer- age facilities has been agreed upon as fair and reasonable to both Buyers and Sellers: Nmi, THEREFORE, IT IS !'IjUTUALLY AGREED AS FOLLOWS: Section 1. Bl..:yers shall each propuse a bond issue '.,itIlin six months of the date of this agreement; and if said bonds are approved by two-thirds of the voters in their respec- tive Districts, they will then issue and sell within twelve (12) months of the date of said bond election sufficient of said bonds to purchase the facilities hereinafter described on -2- the terms and conditions hereinafter set forth, and will pay the amount of $3,333,400.00 as set forth in Schedule "A" attached hereto upon completion of the first year construction described in Schedule .iB" attached hereto. It is understood and agreed that this Agreement shall not become effective until and unless the proposed bond issue is approved by the voters of both Districts and that if the bonds are approved in only one of said buying Districts this Agreement shall not become effective and shall be automatically terminated. Section 2. Subject to the contingencies hereinabove set forth in Section 1, the Sellers will sell the facilities described in Schedule 'Ai attached hereto and made a part hereof as though set out in full herein, to each respective County Sanitation District in the percentage of ownership described therein to be acquired by each District and for the amounts set forth therein. a. With respect to the bonded indebtedness of the several Sellers outstanding which may constitute a lien on some of the facilities hereinabove described, the Sellers will pay such outstanding indebtedness as it becomes due and make the pay- ments thereon as they any individually be liable for immediately precedi'lg the execution of this Agreement. b. Sellers individually do hereby covenant and agree to hold Buyers and their successors and assigns safe and harmless from any adverse claims against, or claim of interest or ownership in the property conveyed to the extent of their individual inter- ests as they may appear and be respresented by the amount of money each individual Se~ler receives from the selling price paid by Buyers herein. In -3- the terms and conditions hereinafter set forth, and will pay the amount of $3,333,400.00 as set forth in Schedule "A" attached hereto upon completion of the first year construction described in Schedul e ,iB " attached hereto. It is understood and agreed that this Agreement shall not become effective until and unless the proposed bond issue is approved by the voters of both Districts and that if the bonds are approved in only one of said buying Districts this Agreement shall not become effective and shall be automatically terminated. Section 2. Subject to the contingencies hereinabove set forth in Section 1, the Sellers will sell the facilities described in Schedule 'A' attached hereto and made a part hereof as though set out in full herein, to each respective County Sanitation District in the percentage of ownership described therein to be acquired by each District and for the amounts set forth therein. a. With respect to the bonded indebtedness of the several Sellers outstanding which may constitute a lien on some of the facilities hereinabove described, the Sellers will pay such outstanding indebtedness as it becomes due and make the pay- ments thereon as they any individually be liable for immediately precedilg the execution of this Agreement. b. Sellers individually do hereby covenant and agree to hold Buyers and their successors and assigns safe and harmless from any adverse claims against, or claim of interest or ownership in the property conveyed to the extent of their individual inter- ests as they may appear and be respresented by the amount of money each individual Seller receives from the selling price paid by Buyers herein. In -3- no event shall any Seller be or become liable under the provisions of this section in an amount in excess of the money it receives from the total amount paid by Buyers. Section 3. Title and possession of the facilities described in Section 2 above shall pass to Buyers at the time of the cash payment agreed to be made as set forth in SChedule ;'A Ii. The payments of cash to Sellers will be made at the time of and as of a condition precedent to the transfer of title and possession of the subject sewerage facilities. All payments of money shall be made to the City of Anaheim as disbursing agent for the Sellers in accord with the respective interests of each Seller, all in compliance with separate agree- ments between Sellers independent of Buyers. Buyers are not to be responsible for or concerned with disbursements made or not made by the City of Anaheim pursuant to the provisions of this Agreement. Section 4. It is mutually agreed that Buyers will exercise no control or jurisdiction over the facilities herein agreed to be sold, and Buyers will assume no liability for or expenses in connection with the maintenance~ use and operation of said facili- ties until title and possession have passed to said Buyers as hereinabove agreed. Sellers agree at their sole expense, in the proportions set forth in their supplemental agreement dated April 1, 1954, to make all reasonable and necessary repairs and to maintain said lines and facilities in good operating and useful conditlon~ reasonable wear and tear excepted, until title and possession pass to the Buyers. Section 5. Buyers agree that in the event the bond issue mentioned lD S~ction 1 is approved by two-thirds of the voters in aneD of t~elr respective dis~~icta within Six (c) months of the date -4- nereoi', they will immediately proceed with the program for constr- uction of the new sewerage facilities described in their respect- ive engineering reports, all as approved by said voters, and prosecute such construction to completion with due diligence in accordance with Schedule "B" attached hereto and made a part here~f. Section 6. Buyers further agree that after title to and possession of the sewerage facilities agreed to be purchased herein have been transferred to them, they will, subject to Buyers' uniform and reasonable regulations necessary to protect the public health or to protect the sewerage facilities, continue to receive, treat and dispose of Sellers' sewage and industrial waste in accordance with all governmental rules and regulations, and Buyers do further promise and agree that they will not authorize nor permit new or additional users who are not sellers in this Agreement to use the sewerage facilities to be purchased pursuant to this Agreement if such additional use will prejudice the right any Seller now has in the use of or capacity in the sewerage facilities agreed to be sold herein. Section 7. Buyers do further promise and agree that, for a period of one (1) year from and after the date of payment of the purchase price or during the period of construction of the new facilities, whichever period is the shorter, Buyers without written consent of three-fourths of all the Sellers will not authorize nor permit new or additional users, who are not sellers in this Agree- ment or are not public corporations authorized to maintain sewerage facilities existing at the date of this Agreement, to use the sewerage facilities to be purchased pursuant to this Agreement whether or not such use would prejudice the right any Seller now has in the use or capacity in such facilities. Section 8. Each of the terms, promises, conditions and agree- ments contained herein shall extend to and be binding on the respect- ive assigns, legal representatives, successors in interest of each and ever:l party to this Agreement. -5- -... '-..-----........ IH WITNESS WHEREOF, the parties hereto have caused the names and seals of the public corporations and the names of the officers thereof to be subscribed. This Agreement shall bear the date of March 1, 1958. Executed this day I ,CITY OF AN~H~IM , ; / ~ of , 1958 By: '(hl~~~ /0 _~~ ayor A TrEST: City Clerk Executed this day CITY OF BRM of , 1958 By: Mayor ATTEST: City Clerk Executed .chis day CITY OF BUENA PARK of' , 1958 By: Mayor ATTEST: City Clerk CITY OF FULLERTON Executed this day of 1958 By: , Mayor ATTEST: City Clerk aecutecl this day of CITY OF ORANGE J 1958 By: Mayor ATTEST: City Clel'].c Executed this day of CITY OF LA HABRA , 1958 By: Mayor ATTEST: City Cl er:~ -6- R'{ecuted this day of 1958 By: Executed this . day of , 1958 By: By: day of , 1958 By: Executed this Executed this day of 1958 By: Executed this day of , 1958 By: By: By: ATTEST: GARDEN GROVE SANITARY DISTRICT President Secretary PLACENTIA SANITARY DISTRICT President Secretary MIDWAY CITY SANITARY DISTRICT President Secretary BOARD OF SUPERVISORS OF TFE COUNTY OF ORANGE, as Govern- ing Body of that portion of the La Habra Sanitary District (dissolved) being outside the city limits of La Habra Chairman County Clerk and ex-officio Clerk of the Board of Supervisors STANTON COUNTY WATER DISTRICT President Secretary -7- Exe~u.ted this _.,'~ Executed this Executed this Executed this .' day of t 195t: day of , 1958 day of , 1958 day of , 1958 LOS ALAMITOS COUNTY WATER DISTRICT By: Pl"esident By" Secretary CYPRESS COUNTY WATER DISTRICT By: President By: Secretary SELLERS. 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H N I 8 Ii ~ I ~ ... lot "0 i o ~ ~ H ~ w " SCHEDULE liB " ".- Buyers will to the full extent of their ability construct or cause to be constructed the following sewerage facilities described in their respective engineering reports dated March. 1958. as soon as bonds are approved by their respective voters. It is the intent and purpose of Buyers to have constructed and ready for use on or before September 1, 1959 the following sewerage c- facilities. For general reference these items are called First Year Construction: Districts Nos. 2 and 3. jointly: Unit 1. Miller-Holder Trunk From Plant No. 2 to Wintersburg Avenue Unit 2. Miller-Holder Trunk From Wintersburg and Cannary to Hazard Avenue Unit 3. Miller-Holder Trunk From Hazard and Hoover to Cerritos Avenue Unit 4. Miller-Holder Trunk From Cerritos and Holder to vmittier Boulevard District No. 3 only: Unit 5. Hoover-Western Sub-Trunk Sugar Branch Trask Branch Lampson Branch District No. 2 only: Unit 6. Newhope-P1acentia Trunk From Plant No. 1 to Orange Sub-Trunk Unit 7. Newhope-Placentia Trunk From Orange Sub-Trunk to La Palma Cypress Avenue Sub-Trunk From La Palma to Pioneer Orange Sub-Trunk South Anaheim Intercepter Olive Sub-Trunk to Vista Avenue -- All other sewerage facility construction called for in the aforesaid engineering reports shall be commenced at such times as the need therefor requires and subsequent to the so-called First Year Construction, it being the intent of the Buyers SCHEDULE liB" - Page 1 -1- to have all sewerage facilities constructed as fast as is reasonably possible, taking into consideration engineering and construction practices and seT'rage 21':d incust:c"ial waste disposal requirements of the areas served. SCHEDULE "B 11 - Page 2 STATE OF CALIFORNIA ) COUNTY OF O~E ) SSe CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 11th day of March, 1958, by the following vote: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser NOES: COUNCILMEN: None .ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 11th day of March, 1958. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of March, 1958. A ~~ -- , J- L />>r~_ )/( 2/ ~rL~ CITY CLERK OF THE CITY OF ANAHEIM (SELU. ) -