57R-3855
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RESOLtITION NO.
A RESOLUTION OF THE CITY rnrrVCIL OF THE
dJTY~' ~ AUTHORIZING
TH! LE ~ CCJl1'INGENT !CAPACITY RIGHTS IN
THE MAGNOL IA TRUNK SEWER TO ~ LOS ALAMITOS COUNTY
WATER DISTRICT; FIXING THE PRI E AND CONDITIONS OF
SALE AND AUTHORIZING THE CITY F ANAHEIM, AS CON-
TRACTING AGENT FOR THE CITIES A.ND SANITARY DISTRICTS
HERE INAFTER NAMED, TO EXECUTE ~ CONTRACT FOR AND ON
BEHALF OF SAID CITIES AND SANItARY DISTRICTS FOR THE
SALE OF SAID CONTINGENT CAPACIty RIGHTS.
3855
WHEREAS, the Cities of Anaheim~ Fullerton, Orange and Buena
Park, and the La Habra, Placentia, Garden Grove and Midway City
Sanitary Districts, and the Stanton County Water District, herein-
after referred to as Sellers, and each ot them, are owners of certain
undivided fractional interests in certai~ portions or sections of the
Magnolia Trunk Sewer generally described and commonly known as Section
A, Section B, Section C, Section D and Section Eft, all of which said
property is located in the County of Orange, State of California, and
more particularly described as follows:
Section A: The 78ft sewer main on B,shard Street from the
pumping plant at Ellis Avenue to and including
the manhole at Talbert Avenue.
Section B: The 48" sewer main on Bushard Street from the
manhole at Talbert Avenue to and including the
manhole at Slater Avenue.
Section C: The 48ft sewer main on B.shard Street from the
manhole at Slater AvenUe to Smeltzer Avenue,
thence on Smeltzer Aven.e to Cannery Street,
thence on Cannery Street to and including the
manhole on Bolsa Avenue.
Section D: The 48" sewer main on Cannery Street from
Bolsa Avenue to Westminster Avenue.
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Section E": The 42" sewer main on C.nnery Street from
Westminster Avenue to Garden Grove Boulevard,
along Garden Grove Boulevard from Cannery
Street to Magnolia Avenue; thence on Magnolia
Avenue from Garden Grove Boulevard to a point
1)10 feet north of Lampson Avenue.
AND WHEREAS, said Sellers at the present time are Jointly
operating said Me,gnolia Trunk Sewer for the purpose of collecting
and disposing of sewage arising in their respective areas; and
WHEREAS, the Los Alamitos County Water District, herein-
after referred to as Buyer, desires to p~rchase and Sellers are will-
Ing to sell to said Los Alamltos County Water District the contingent
capacity and capacrty rights in the amounts hereinafter set forth in
Exhibit "Aft hereto attached, so as to enable the Buyer to discharge
Into said portions of said Magnolia Trunk Sewer sewage collected
within and from the present boundaries of the territories within said
Los Alamltos County Water District at the present time, at the price
and "at the time and upon the terms hereinafter stated, and said Buyer
is willing to purchase said contingent capacity and capacity rights
in the above described portions of the MagnolIa Trunk Sewer at the
price and upon said terms and conditions; and
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WHEREAS, the CITY COUIIC IL-.-... of the
CITY OF ~~ does "here~y find and determine that the
abo.. .entloned a.ounts of capacity and c,paclty rl~ht. in the above
mentioned sections of said Magnolia Trunk Sewer are not now needed by
the Sellers for present use or within a reasonable time for any foresee-
able or anticipated use, and that It wou1ql be to the advantage of the
Sellers to sell the capacity rights in said sections of said Magnolia
Trunk S...r to said Los Alaaitos County W.ter District, as hereinafter
more particularly set forth, thus obtalni$g a partial reimbursement of
the cost of the construction thereof.
NOW, THEREFORE, BE IT RESOLVED
of the CITY OF A
that the sale of the contingen capac ty nd capac ty rig
A, S.otlon B, Section C, Section D and S.~tion E- of the Magnolia Trunk
Sew.r, in the amounts and for the prices .s shown on Exhibit -Aw hereto
attacbed and made a part hereof, to the Los Alamitos County Water Dis-
trict of Orange County, California, be, and the same is hereby, approved
and authorized for the pr,ice and upon the terms and conditions as set
forth in the agreement hereto attached and made a part hereof.
CITY COUNCIL
AND BE IT FURTHER RESOLVED that the City of Ansheim, as con-
tracting agent for the Cities and Sanitary Districts hereinabove men-
tioned, he and it is hereby authorized to make and enter Into an
.gr....nt in the form hereto attached, with the Los A1amitos County
Water District of Orange County, California for the sale of contingent
capacity rights in said Sections A, B, C, D and E- of the Magnolia Trunk
Sewer, for the price and upon the terms and conditions set forth in said
agNteaent hereto attached and made a part hereof.
THE FOREGOING RESOLUTION Is signed and approved by me this
1st day of MAy , 1951.
/7 ~ -;/!L;:;:-'T~
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MAYq>R
of the
il:...~t
/ ~k
CITY OF A1WfEIM
1...... ~_,..", ~
2/.//~ -.........~
CITY qnJRK
of the
CIV Of JUlA.HE.III
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STUi OF CALIFOUIA. )
~tI at QlUGI ) ss.
cm OY AJUllM )
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I, un K. W1UTl", City Clerk of the City of An..h_iJll, do hereby
certify that the foregoinq Resolution -,as duly passed. and adopted. at
all a.djourned. requ1ar ...ting of the City COUl\cil of the City of ADaheim,
he-Id. on the 1st day of Hay, 1957, by the followinO' Tot. of the lIl-......u
tHreaf:
AYllII :
CCll1J[:IUIIB: PearSOll, Coons, Fry and. Visser
1011 :
COIDlCllKU: lone
.llIIlITl ~Iual: Sclh11tte
AD I I'uJll.'JW( COTD'Y that the Kayar of the City of .baheim
approTed aJlAi signed. aid. 1leso1UtiOll en the 1st day of KIsT, 1957.
DT WIT.... ~")F, I haTe hereunto set m:r h.a1td. and. affixed.
the ua.l of the City of .b~fteim this 1st day of lfa.y, 1957.
f) "7;~
C~OF~. ~
( S.IAL)
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AGRl(paENT OF SALE AND. PURCHASE
THIS AGREEMENT, entered into by and between four (4) cities
hereinafter named, each being a city duly organized and existing under
the laws of the State of California, and ~f the class designated after
its name; four (4) sanitary districts, ea~h being organized and exist-
ing under the laws of the State of Califotnia; and one (1) county water
district, being organized and existing under the laws of t~e State of
California, said cities and sanitary districts and said county water
district being hereinafter designated and called "SELLERS," and the
Los Alamitos County Water District of ~ange County, California, duly
organized and existing under and by virtue of the laws of the State of
Cal ifom la, and hereinafter designated and called "BUYER," all of said
cities and districts being situate in the County of Orange, state of
California, and named as follows:
CITY OF ANAHEIM (6th Class)
CITY OF FULLERTON (6th Class)
CITY OF ORANGE (6th Class)
CITY ~ BUENA PARK (6th Class)
GARDEN GROVE SANITARY DISTRICT
LA HARM SANITARY DISTRICT
PLACENTIA SANITARY DISTRICT
MIDWAY CITY SAlUTARY DISTRICT
STAJIITOar COU1IfTY WATER DISTRICT
)
)
)
)
)
)
)
)
)
)
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)
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)
)
)
SELLERS.
and
LOS ALAIIITOS COONTY WATER DISTR~CT
)
)
BUYER.
REC~i&S :
WHEREAS, the Sellers, and each of them, are owner. of certain
undlYlded fractional interests in certain portions or sections of the
Magnolia Trunk Sewer generally descr ibed a!nd commonly known as Section
A, Section B, Section C, Section D and S.4~ion EIt, all of which said
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property is located in the County of Orange, State of California, and
more particularly described as follows:
Section A: The 78ft sewer main on Bushard Street from the
pumping plant at Ellis ANenue to and including
the manhole at Talbert Avenue.
Section B: The ~8ft sewer main on Bushard Street from the
manhole at Talbert Avenue to and including the
manhole at Slater Avenue.
Section C: The 48" sewer main on Bushard Street from the
manhole at Slater Avenue to Smeltzer Avenue,
thence on Smeltzer Avenue to Cannery Street,
thence on Cannery Street to and including the
manhole on Bolsa Avenue.
Section D: The 48ft sewer main on Cannery Street from
Bo1sa Avenue to Westmin$ter Avenue.
Section Eft: The 42ft sewer main on Cannery Street from
Westminster Avenue to Garden Grove Boulevard,
along Garden Grove Boulevard from Cannery
Street to Magnolia Avenue; thence on Magnolia
Avenue from Garden Grove Boulevard to a point
1310 feet north of Lampson Avenue.
AND WHEREAS, said Sellers at the present time are operating
the said above defined and described ,roperty, and are carrying away
therein sewage arising within their respective boundaries; and
WHEREAS, Sellers are willing to sell to Buyer, capacity and
capacity rights in the percentages hereinafter set forth in said prop-
erty herein.bove described, so as to enable Buyer to discharge into
said property s~age collected within the present boundaries of the
Buyer, at the price, and at the time and upon the terms herein stated,
and Buyer desires to purchase said capacity and capacity rights in all
of said property at the price and upon the terms herein stated;
NOW, THEREFCltE, THE PARTIES HERETO DO HEREBY COVElWfT,
PROIIISE AND AGREE AS FOLLOWS:
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(1) ~: Said Sellers promis. and agree to s~11, and said
Buyer promises and agrees to buy the fo1l.wing described percentage
capacity and capacity rights in the above described property for the
consideration and upon the terms and conditions hereinafter set forth,
to serve the area within the present boundaries of the Buyer, and
shewn and described on Exhibit "Aft hereto attached, and more parti-
cularly described as follows:
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57/100 million gallons per day of the contingent capacity
in Sections A, B, C, D and E".
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(2) PURCHASE PRICE: The total purchase price which Sellers
agree to accept for the capacity and capacity rights herein being sold
to the Buyer, and which Buyer agrees to pay to Sellers for said capa-
city and capacity rights is the sum of $
,
together with interest thereon at the rate of two per cent (21) per
annum from the 15th day of May, 1957 to date of payment of the pur-
cha.e price.
(3) PAYMENT OF PURCHASE PRICE; The total amount of said
purchase price shall be paid by Buyer to Sellers on the effective date
of the completion of the agreement, effeetive date being defined as
the date of signing by all of the parties to the agreement.
That said total purchase price shall be paid to the CITY OF
ANAHEIK, one of the Sellers herein, that is hereby designated as Agent
for all of the Sellers, to receive and accept payment of said purchase
price, and to hold the same in trust for all of the Sellers, and to
disburse and distribute the same between the Sellers when their per-
centage Interests in the above described property and in the purchase
price money have finally been determined and agreed upon between them.
(4) COST OF MAINTElIlANCE AND OfERATION: Buyer shall be
liable for, and does hereby agree to pay, its proportionate share of
all costs of maintenance and operation, and operation of the above
described property incurred from and after the time when Buyer com-
meaces use thereof, upon the following basis:
Buyer's proportionate share of, and liability for, COlts
ot maintenance and operation shall be determined, and shall be based,
upon the proportion which the flow of sewage placed in the above de-
scrihed property by Buyer bears to the total flow of sewage placed
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in said property by all the users thereof, and upon the same basis
and formula as is used in determining the share of costs of malnte-
nance and operation to he paid by all other users thereof.
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(5) ~I~T~~E DEFIK!D: Maintenance of the above described
prOp8rt~ is defined, and shall be construed to mean the repair and up-
keep of the same, whether it requir_s installation of, or replacement
of, new ~aterials or not, if the repair and upkeep be occasioned or
made necessary solely through the use thereof, together with the reason-
able and necessary costs of the removal of obstructions therefrom.
(6) DATE Of ~~ OF US~: Buyer shall have the right
to connect its proposed trunk and lateral s..er system and lines into
the s...ge disposal system of tbe Sellers at any time after the pur-
chaseprice has been paid in full. Such connection sball be made in
accordance with the rules and regulations of tbe Orange County Joint
Outrall Sewer.
(7) It is understood and agreed tbat this agreement gives
the auyer no rights nor voice in the control or management or the above
described property, and that this agreement contains no provision.
relative to reconstruction or the construction of additional racilities,
all of Which matters are left for future negotiations and agreement be-
tween the partie..
(8) . It 18 further understood and agreed that all of the
term. and prOVisions of the Supplemental Agreement made and .ntered
into by and between the Sellers herein, during the year 1954, sball be
binding upon the Buyer except as herein otherwi.e prOVided, and except
tbat if any' of the over-all cantingent capacity .ball b. .old by the
.....r. of the Orange County Joint Outfall Sewer, tbe auyer sball not
be e.titled to receive any share of the proeeeds received fro. such
.ale.
(9) It is further understood and agr..d that the Suy.r
shall be limited in the us. of the capacity hereby sold to it to .erv-
ing the territory now within the pre.ent boundaries of its district,
and sucb capacity shall not be used to serve any other territory with-
out the written con.ent of the Sellers.
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IN WITNESS WHEREOF, each of the parties hereto has caused
this contract to be executed by it, duly authorized officers the day
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and year set opposite its name.
Dated this 11th day of April, 1957.
Executed this (8TH day of
. HIJ' ,1957.
(SEAL)
Executed this day of
, 1957.
( SEAL )
Executed this
day of
, 1957.
(SEAL)
day of
, 1957.
( SEAL)
day of
, 1957.
(SEAL)
day of
. 1957.
(SEAL)
day of
, 1957.
(SEAL)
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Executed this
Executed this
executed this
~.
Executed this
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ATTEST: / ..'
City er.
CITY OF FULL.ERTON
By
Mayor
ATTEST:
City Chr'k
CITY OF OR.Al4GE
By'
Mayor
ATTEST:
Ci ty Clerk
CITY OF BUENA PARK
By.
Mayor
ATTEST:
Ci ty Clerk
GARDEN O:ROVE SANITARY DISTRICT
By.
President
AND:
Secretary
LA HABRA SANITARY DISTRICT
By
Presietent
AND:
Secretary
PLACEJlTIA SANITARY DISTRICT
By.
prulde.t
AND:
Secretary
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Executed this
day of
.. t 1957.
Executed this
( SEAL )
day of
t 19S7~
Executed this
(SEAL)
day of
, 1957.
(SEAl)
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MIDWAY CITY SANITARY DISTRICT
By
Pres idert
AND~
SEicretary
StANtON COUNTY WATER DISTRICT
By
P~esident of its Board of
Directors.
AND:
Secretary
SELLERS
LOS ALAMITOS COUNTY WATER DISTRICT
By
President of its Board of
Directors.
AND:
Secretary
BUYER
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