1955-2657RESOLUTION NO. 2657
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
CONSTRUCTION AND COMPLETION OF A PUBLIC IM-
PROVEMENT, TO WIT: REPAIRS ON THE SWIMMING
POOL AND FACILITIES AT THE ANAHEIM CITY PARK,
AND APPROVING THE DESIGNS, PLANS, PROFILES,
DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUC-
TION THEREOF; AUTHORIZING THE CONSTRUCTION OF
SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH
SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHOR-
IZING AND DIRECTING THE CITY CLERK TO PUBLISH
A NOTICE INVITING SEALED PROPOSALS FOR THE
CONSTRUCTION THEREOF.
WHEREAS, public convenience and necessity require the
construction and completion of a public improvement in the City
of Anaheim, to wit:
The construction and completion of additions
and alterations to the swimming pool at the
City Park, Anaheim, California, including all
appurtenant work.
AND WHEREAS, the City Council instructed the City
Engineer to prepare detailed de-
signs, plans, profiles, drawings and specifications, and esti-
mates of quantities and costs, and make necessary surveys for
the construction of said public improvement; and
WHEREAS, said Engineer has prepared said detailed
designs, plans, profiles, drawings and specifications for the
construction of said public improvement and has submitted the
same to the City Council; and
WHEREAS, the City Council finds that the detailed
designs, plans, profiles, drawings and specifications for said
public improvement above mentioned are in accordance with good
engineering practice and are adequate to serve the needs and
requirements of the City of Anaheim and the citizens and
residents in said area for the purposes for which they are
intended, and that they are adequate for the construction of
said public improvement and should be approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that the detailed designs, plans, pro-
files, drawings and specifications for said public improvement
hereinabove mentioned and described be, and the same are here-
by, approved and adopted as prepared by said Engineer.
AND BE IT FURTHER RESOLVED that said public improve-
ment shall be constructed in accordance with said detailed
designs, plans, profiles, drawings and specifications as pre-
pared by said Engineer and hereby approved, and such addenda or
modifications thereto as may be approved prior to the awarding
of bids therefor.
BE IT FURTHER RESOLVED that the City Clerk of the
City of Anaheim be, and she is hereby, authorized and directed
to publish a notice according to law inviting sealed proposals
for the furnishing of all plant, labor, services, materials and
equipment, and all utilities and transportation, including
power, fuel and water, and performing all work necessary to con-
struct and complete in a good and workmanlike manner, in strict
accordance with said detailed designs, plans, profiles, draw-
ings and specifications as prepared by said Engineer, the
public improvement hereinabove mentioned and described, and
fixing the 22nd day of March 195 5 at the hour
of 7:00 o'clock P.M. as the date and hour for the opening of
said bids at the City Council Chambers in the City Hall in the
City of Anaheim, and that said notice shall be published twice,
the first of which publications shall be at least ten (10) days
prior to the date fixed for the opening of bids, and that said
publications shall be at least five (5) days apart.
AND BE IT FURTHER RESOLVED that the successful bidder
or bidders shall be required to enter into a contract with the
City of Anaheim in the manner and form approved by the City
Attorney of the City of Anaheim for the construction, instal-
lation and completion of said public improvement hereinabove
mentioned and described, in accordance with the plans and
specifications prepared by said Engineer, the notice inviting
sealed proposals, this resolution and all applicable City
Ordinances or Code Sections and the laws of the State of Cali-
fornia, and shall be required to post bonds and insurance in
the amounts and within the time required by law, as specified
in the notice inviting sealed proposals, and in a form approved
by the City Attorney.
THE FOREGOING RESOLUTION was approved and signed by
me this 8th day of March 195 5
MOOR 0 E C T 0 ANAHEIM.
ATTEST:
2-17
CITY CLERK OF THE CITY OF ANAHEIM.
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAmlIM
I, DERE 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 8th day of March, 1955, by the following vote:
AYES: COUNCILMEN: Pearson, Fry, Schutte,Wisser and
Van Wagoner. S
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 8th day of March, 1955.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 8th day of March, 1955.
CITY CLERK OF THE CITY OF ANAHEIM.
AGREEMENT 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 of the class designated after its name; three (3) Sanitary
Districts, each being organized and existing under the laws of the State of
California; said cities and sanitary districts being hereinafter designated and
called "SELLERS and a STANTON COUNTY WATER DISTRICT duly
organized and existing under and by virtue of the laws of the State of California,
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:
RECITALS:
CITY OF ANAHEIM
CITY OF FULLERTON
CITY OF ORANGE
CITY OF BUENA PARK
GARDEN GROVE SANITARY
DISTRICT,
LA HABRA SANITARY DISTRICT
PLACENTIA SANITARY
DISTRICT
Section A:
Section B:
and
STANTON COUNTY WATER DISTRICT
(6th. Class)
(6th. Class)
(6th. Class)
(6th. Class)
SELLERS.
BUYER.
WHEREAS, the Sellers and each of them, are owners of certain undivided
fractional interests in certain portions or sections of the Magnolia Trunk Sewer
generally described and commonly known as Section A, Section B, Section C, Section D,
Section E and Section Et all of which said property is located in the County of
Orange, State of California, and more particularly described as follows:
The 78" sewer main on Bushard Street from the
pumping plant at Ellis Avenue to and including
the manhole at Talbert Avenue.
The 48" sewer main on Bushard Street from the manhole
at Talbert Avenue to and including the manhole
at Slater Avenue.
and
Section C:
Section D:
Section E
The 48" sewer main on Bushard Street from the
manhole at Slater Avenue to Smeltzer Avenue,
thence on Smeltzer Avenue to Cannery Streit,
thence on Cannery Street to and including the
manhole on Bolsa Avenue.
The 48" sewer main on Cannery Street from
Bolsa Avenue to Westminster Avenue.
The 42" 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 1310
feet north of Lampson Avenue.
Section El: The 39" sewer main on Magnolia Avenue from
1310 feet no :th of Lampson Avenue to Katella
Avenue.
WHEREAS, said Sellers at the present time are operating the said above
defined and described property, and are carrying away therein sewage arising within,
their respective areas; and
WHEREAS, Sellers are willing to sell to Buyer, capacity and capacity rights
in the percentages hereinafter set forth in the said property hereinabove'described,
so as to enable Buyer to discharge into said property sewage collected within the
boundaries of 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; and
WHEREAS, bonds of Buyer were voted on for the
acquisition and construction of a system of trunk and lateral sewer, and appurtenan r
thereto, including the acquisition of all easements and other property necessary
therefor, and for the acquisition of capacity (including rights of use) in the
Magnolia Trunk Sewer located in Magnolia, Cannery and Bushard Streets; and
NOW, THEREFORE, the parties hereto do hereby covenant, promise and agree
as follows:
(1)' SALT:_ Said Sell^_rs promise and agree to sell, and said Buyer
promises and agrees to buy the following described percentage capacity and capacity
rights in the above described property for the consideration and upon the terms and
conditions hereinafter set forth and to serve the area as shown and described on
"Exhibit A" to the extent of the Stanton Capacity R g},tn
1. 4 2 7 of the total capacity of Section A of Magnolia
Trunk Sewer, as above defined and described;
2. 1,69 %'of the total capacity of Section B of Magnolia
Trunk Sewer, assabove defined. end :described;
3. 1.69 of the total capacity of Section C of Magnolia
Trunk Sewer, as above defined and described;
4, 1.85 %•df the total capacity of Section D of Magnolia
Trunk Sewer, as above defined and described;
5.
2.45
Trunk
of the total capacity of Section E" of Magnolia
Sewer, as above defined and described;
6. 2 of the total capacity of Section E' of Magnolia
Trunk Sewer, as above defined and described:
(2) PURCHASE PRICE: The total purchase price which Seller agrees to
accept for the capacity and capacity rights herein being sold to Duyer and which
Buyer agrees to pay to Seller for said capacity and capacity rights is the sum of
toSothe77 with interest at the rate of two percent (2 per
annum if not paid on or before the day of
1955,
(3) PAY' T OF PYRCT IS'E PRICE: The total amount of said purchase price
shall be paid by Buyer to Sellers on the effective date of completion of the Agree-
ment, effective 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 CITY OF ANAHEIM, one of
the Sellers herein, who is hereby designated as Agent for all the Sellers, to
receive and accept payment of said purchase price, and to hold the same in trust
for all the Sellers, and to disburse and distribute the same between the Sellers
when their percentage interests in the above described property, and in the purchase
price money has finally been determined and agreed upon between them.
(4) COST OF MAINTENANCE AND OPERATION: 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 commences use thereof, upon the following basis:
Buyer's proportionate share of, and liability for, costs of maintenance
and operation shall be determined, and shall be based upon the proportion which the
flow of sewage placed in the above described property by Buyer bears to the total
flow of sewage placed in said property by all the users thereof, and upon the same
3
basis and formula as is used in determining the shares of costs of maintenance and
operation to be paid by all other users thereof.
(5) MAINTNENANCE DEFINED: Maintenance of the above described property is
defined, and shall be construed to mean, the repair and upkeep of the same,
whether it requires installation of, or replacement of new materials or not, if the
repair and upkeep be occasioned or made necessary solely through the use thereof,
together with the reasonable and necessary costs of the removal of obstructions
therefrom.
(6) DATE FOR COMMENCEMENT OF USE Buyer shall have the right to conrec+
its proposed trunk and lateral sewer system and lines into the sewage disposal
system of the Sellers at any time after the purchase price has been paid in full.
Such connection shall be made in accordance with the rules and regulations of the
Orange County Joint Outfall Sewer.
(7) USE OF CAPACITY RIGHTS: It is further. understood and agreed by and
between the parties hereto that the participation capacity rights contained in the
over all remaining contingent capacity hereby agreed to be sold to said STANTON
COUNTY WATER DISTRICT as shown on said "Exhibit A" shall not entitle
said STANTON COUNTY WATER DISTRICT to the use of said participation
capacity rights for the discharge of sewage into said Magnolia Trunk Sewer.
(8) It, is understood and agreed that this agreement gives the Buyer no
rights;.ncr voice in the control or management of the above described property, and
that this agreement contains no provisions relative to reconstruction, or the
construction of additional facilities, all of which matters are left for future
negotiations and agreement between the parties.
(9) It is understood and agreed that all of the terms and provisions of
the Supplemental Agreement made and entered into by and between the Sellers herein
during the year, 1954, shall be binding upon the Buyer except as herein otherwise
provided and except that if any of the over all contingent capacity shall be sold
by the members of the Orange County Joint Outfall Sewer the Buyer. shall be entitled
to receive its proportionate share of the proceeds received from such sale in
proportion to its percentage of ownership there,,
IN WITNESS WHEREOF, each of the parties hereto have caused this contract
to be executed by its duly authorized-officers-this day of
195
Executed this day CITY OF ANAHEIM
Of 195- By A L Mayor
(SEAL)
Exeoutad this day CITY OF FULLERTON
Of 195 By
Mayor
SEAL)
Executed this day CITY OF ORANGE
Executed this day CITY OF BUENA PARK
(SEAL)
(SEAL)
(SEAL)
5
ATTEST:
City Clerk
ATTEST:
City Clerk
Of 195 By
Mayor
ATTEST:
(SEAL) City Clerk
Of 195 By
Mayor
ATTEST:
City Clerk
Executed this day GARDEN GROVE SANITARY DISTRICT
Of 195 By
President
AND:
Secretary
Executed this day LA HABRA SANITARY DISTRICT
Of 195 By
President
AND:
AND:
(SEAL) Secretary
Executed tais day PLACENTIA SANITARY DISTRICT
Of 195 By
President
Secretary
SELLERS.
Executed this day
Of 1 195
By
AND:
(SEAL) Seqetary
President of its Board of Directors
Buyer.
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