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1955-2662RESOLUTION NO. 2662 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF ANAHEIM AND THE CITY OF FULLERTON RELATING TO THE ADJUST- MENT OF BOUNDARY LINE. WHEREAS, the parties did heretofore upon the 25th day of November, 1952 enter into a written agreement, fixing a permanent boundary line between the Cities of Anaheim and Fullerton; and WHEREAS, the City Council does find that it will be for the advan- tage and best interest of the Cities of Anaheim and Fullerton and the citizens and taxpayers residing therein, that said boundary line be amended as pro- vided in that certain agreement, dated the 15th day of March, 1955, this day submitted to the City Council for its consideration and approval; and WHEREAS, the City of Fullerton has offered to reimburse the City of Anaheim for a proportionate share of the cost of the construction of a sewer line to serve approximately 156 acres, lying south of Orangethorpe, between East Street and Cypress Avenue, in the event that the City of Anaheim does not develop use for the full capacity of said sewer line and wishes to transfer the excess capacity thereof to Fullerton; and WHEREAS, the City of Fullerton does agree to serve the area of approximately 120 acres, lying north of Orangethorpe Avenue, between Harvard Avenue and Raymond Avenue, which is now in the City of Anaheim, with sewer connections to the extent of any excess capacity which Fullerton has in its existing 18" sewer line lying to the north of said area; and WHEREAS, the City of Fullerton has agreed to permit the owner or developer of the 40 -acre tract now in the City of Anaheim, and located on the northwest corner of Orangethorpe and Raymond Avenues to connect with the spur track of the Atchison, Topeka Santa Fe Railway Company, located to the north of said track, providing that the City of Fullerton shall be reimbursed by said owner for a proportionate share of the right -of -way expense of the City of Fullerton in connection with the development of said spur track; and WHEREAS, the City of Fullerton agrees to sell to Anaheim, at prices and on terms and conditions set forth in the supplemental Joint Outfall Sewer Agreement, a proportionate amount of its excess capacity in the Magnolia Trunk Sewer line in proportion to the requirements of the City of Anaheim, when considered in connection with the requirements of the other cities or districts of the Orange County Joint Outfall Sewer requesting capacity; and WHEREAS, the City Council does find that in consideration of the foregoing, that said agreement should be approved and its execution author- ized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement dated the 15th day of March, 1955, this day sub- mitted to the City Council to be made and entered into by and between the City of Fullerton and the City of Anaheim, relating to the matters herein above mentioned be, and the same is hereby approved. -1- BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and they are hereby authorized and directed to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 15th day of March, 1955. ATTEST: ITY CLERK OF THE CITY OF ANAHEIM. STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) 2K MAY THE CITY OF ANAHEIM. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was adopted upon a final reading at an Adjourned Regular Meeting of the City Council of the City of Anaheim, held on the 15th day of March, 1955, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Fry, Wisser, and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMAN: Schutte. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 15th day of March, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of March, 1955. —2— CITY CLERK OF THE CITY OF ANAHEIM