Loading...
1960-6070RESOLUTION NO. 6070. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAFEIM APPROVING AN AGREEMENT TO BE MADE AND ENTERED INTO TO :WITH THE COUNTY OF ORANGE FOR THE PURCHASE OF CERTAIN 'RO °E RTIES OF ORANGE COUNTY Y 1 ATERWORKS DISTRICT NO. 3; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIit. Finance WHEREAS, Orange County Waterwori�.s District No. 3 is a Waterworl -,s District organized pursuant to tie County Waterworks District Law of the State of California (Division 16, Water Code); and TilR .AS, the City of Garden. Grove and the City of Anaheim are general law cities situated in the County of Orange, State of California.; and WHEREAS, more than three fourths of tte territory comprising Orange. County Waterwors District No. 3 is situated within the corporate limits of the City of Garden Grove and the City of Anaheim and the remaining Portion is situated partly in the City of Stanton, City of Santa Ana and the unincorporated territory of the County of Orange; and WHEREAS, proceed incs have been instituted pu.rsu.ant to the Trovisions of Chapter 1, Part Division 16 of the Water Code for the dissolution of said District.; and WHEREAS, a separate aoree /cent is being entered into this date between the County and the City of Garden Grove, for the lease of certain nortionsof the Waterworks System and transfer of certain nroperties of Orange County !Naterwork s District No. 3 to the City of Garden Grove; and WHEREAS, it is the desire of the interested parties that, upon the effective date of the order dissolving said District, all of the Waterwor1 s System and facilities of the District be leased to the City of Garden Grove and sold to the City of Anaheim as a part of the Municipal Waterworks Systems of the City of Garden. Grove and the City of Anaheim for the benefit of the lands now comprising said Orange County Water works District. No. 3; and WHEREAS, Orange County Waterworks Di. st.r ict No. 3, pursuant to a special election held on February 2, 195h, incurred a bonded indebtedness of $905,000.00 by the issuance and sale of 905 bonds of said District in the denomination of $1,00C each, said bonds being payable on June 1 of each year commencing June 1, 1959, to and including June 1, 1979, at the rate of $35,000 per year commencing June 1, 1955, to and including June 1, 1973, and 1,340,000 per year ccnirnenc ing June 1, i97), to and including Jule 1, 1979, with interest payable semi annua l ly on December 1 and June 1 of each year the bonds have to run; V 1 THCIFFCE, 7 E IT RESOLVED by the City Council of the City of Anaheim that the City of Anaheim enter into an aoreement with the County of Orange for the purchase of certain properties of Orange County 'aJaterwor: -s District No. 3, hereinafter more particularly described, upon the following terms and conditions: A. Sale of Facilities 1. The County of Crange: shall agree to sell and the City of Anaheim shall agree to accept and purchase from the County, the Waterworks System; of said District wino within the City limits of the City of Anaheim, with the e„_cent ion of t lle 1 ine of said District in ijinth Giro t runn ing from Katei la Avenue tc Orangewood. w 2. The sale shall be effective on the date of the order of the Board of Supervisors of the County ordering the dissolution of 'd'Jater1Alorl<s District No. 3. i. As consideration for this sale, the City of Anaheim shall covenant and agree to pay to the County the sum of :52,277.12 within thirty (30) days after the effective date of the dissolution of said District. The sum of 1 is equivalent to 1. /70ths of the total arourt.of the bond and interest: payments on tbe outstanding bonds of said District which shall become due after July 1, 1960. The County shall covenant and agree to deposit said payment in said District's bond interest and Reder�p t, ion Fun and use same to discharge said bonds. T he City of a e shall re 5. t o._ x�n h %n� a s e to pay al/ costs necessary to sever that portion of VI,- systeri lying within tbe City limits of the City of Anaheim r. from the remainder of said District. City 0. Transfer of Personal Property and Funds 1. Upon the effective order of the aoa.rd of Supervisors ordering the dissolution of said District, the County shall agrc to transfer and convey to the Cities of Garden Trove and Anaheim all of its right, title and interest in and to all of the tangible per- sonal property of said District and all funds standing to the credit of said District in the General Fund of the District. The transfer shall be so as to establish an equitable distribution. of assets between the City of Garden Grove and the City of Anaheim. For such purpose, the City of Anaheim shall he entitled to 4/70ths of the assets and the City of Garden Grove to tb.v remaining 66% 70tbs. However, in computing these assets, the City of Garden. Grove shall receive all the tanoThle personal property of said District. Iv determinino the value of the assets of said llistrict, the Statement of Assets, Liabilities and Surplus as prepared by the County Auditor-Controller as of June 30, 1959, shall be used with certain modifi- cations. Accordingly, for tbe purposes of distribution, the physical assets shall he valued as follows: Physical Assets, includinu the Distribution System With an Addition of Adjusted Total Distribution. System Loss Adjusted Total $1,2,196.76 26,300.00 The entire adjusted physical assets, tooether with the amount standing to the credit of the District in the General Funds of said District, shall be computed by tde. County Auditor-Controller. The ratio of V7Otbs shall be used to arrive at the City of Anaheimts proportionate share of the total assets of said District.. Then the ratio of V7Ot13 s shall be apcl ied to the adjusted value of the distribution system which is :;31,052,852., said V70ths beino the amount of $60,131.56. Said !60,161.@6 shall be subtracted from the V70ths of the adjusted total assets, including the amount in the General and of the District. The County Auditor-Controller shall then transfer to the credit of the City of Anaheim from the General Fund of said District such difference. The remaining monies in tho General Fund of the District shall transferred to the City of Garden Grove. 3. It is understood that the City of Garden r has ac:Teed to pay all cutstandinc! liabilities, other than bonded indebtedness of said District upon the dissolution of the District, and that in consideration for such 4croe- ment. tbe City or Garden Grove shall he entitled to all accounts receivable of the District upor the effective date of the dissolution of said District. That the County Auditor-Coatroller shall be authorized and directed to transfer to the City of Anaheim those monies in the Consumers Deposit Fund of the District stand Inc to the credit of those consumers .rho are In the City of Anaheim, and shall transfer to the City of Garden. Grav all other monies in the Consumers Deposit Fund of the District standing to the credit of the consumers outside of the City of Anaheim. The City of Anaheim shall c.venant and agree that it will use all personal property and funds transferred by virtue of said Aoreement for th(= benefit of the lands cornpr is lcd the District and for no other purpose or purposes. BE IT FURTHER RFSCIVED tbat the l'ayor and City Clerk be and they arc hereby authorized to execute said agreement for and on behalf of the City of Anaheim. T1-U, FOREaMNG RESnLITTION is approved and signed by me this 7th day of June, 1960. ATT2ST: (SEAL) Y CLFJ.K F TtIF. CITY Or AT4A STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAEFIV g .A2SENT: COUNCILMEFi: Fry. I Fi II WITNESS WHEREOF, .1 have hereunto set my hand and affixed the seal of the City of Anaheim this 7th. day of June, I, DENE H. WILLIAMS, City Cleri of the City of Anaheim, do hereby certify that the foreooing resolution. was passed and adopted at a regular meeting of the City Council held on the 7th day of June, 1960, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Coons, Thompson and Schutte. NOES: CnUNOILEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and sioned said resolution on the 7th day of June, 1960. CITY CF MLIi