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1954-2510RESOLUTION NO. 251C A R.ESOLLET JN OF THE CITY COUNCIL OF TnE CITY OF ANAHEIH CALLING A SPECIAL ELECTION ON THE 24th DAY OF Septenber 19 5 IN CERTAIN TERRITORY IN THE COUNTY OF ORANGE CONTIGUOUS TO THE CITY OF ANAHEIM PROPOSED TO BE ANNEXED TO AID CITY OF ANAHEIM PROVIDING FOR THE HOLDING OF "UCH ELECTION AND SUB- MITTING TO TrE ELECTORS R2SIDING IN SUCH TERRITORY THE QUESTION WHETHER SUCH TERRITORY SHALL BE ANNEXED TO, INCORPORATED IN, AND MADE A PART OF SAID CITY OF ANAHEIM, AND THE PROPERTY IN SUCH TERRITORY BE, AFTER SUCH ANNEXATION, SUBJECT TO TAXATION ECUALLY WITH PROPERTY WITHIN THE CITY OF ANAHEIM TO PAY ITS PRO RATA PORTION, BASED UPON ASSESSED VALUATION, OF ALL THE BONDED INDEBTEDNESS OF SAID CITY OF ANAHEIM OUTSTANDING ON THE 23rd DAY OF .JULY 19_44_, OR THERETOFORE AUTHORIZED: DESCRIBI.G SAID TERRITORY AND DESIGNATING IT BY THE NAME OF "DI SNESr D ANI!TEXATION r ESTABLISHING AN ELECTION PRECINCT AND POLL- ING LACE IN SAID TERRITORY, APPOINTING THE OFFICERS OF ELECTION FOR SAID SPECIAL ELECT- ION AND PROVIDING FOR T-E PUBLICATION OF NCI'ICE OF SUCH ELECTION. +•THEREAS, the City Council of the City of Anaheim did on the 23rd day of July 19 54 receive a written, petition asking tnat certain new territory described in said petition be annexed to the City of Anaheim; and WHEREAS, said territory so proposed to be annexed to Baia City of Anaheim is situated in the County of Orange, State of California, and is contiguous to the City of Anaheim, and said petition contains a description of said territory in worth, and figures as hereinafter in this resolution described; and WHEREAS, said petition is signed by not less than one fourth of the qualified electors residing within the territory hereinafter described, as shown by the County Registration of Voters; and 7HEREAS, said new territory proposed to be annexed to said City of Anaheim does not form a part of any municipal corpor- ation, and more than twelve (12) qualified electors resided within the boundaries of the territory proposed to be annexed at the time of the filing of said petition for said annexation, and said electors are bona fide residents of said new territory and said territory is inhabited; and WHEREAS, on the 23rd day of July 19 541 the City Council of the City of Anaheim did adopt its Resolution No. 2,479 declaring its intention to call a special election and fixing a date thereof, and giving at least fifty (50) days notice 'hereof, and of its intention to submit the question of annexation to the electors residing in the territory described in said written petition, which resolution did specifically describe the boundaries of the territory proposed to be annexed, and designate the territory by the name of DISNEYLAND ANNEXATION,_ by which it -hould be referred to upon the ballots used at the election, and did contain a notice of the day, hour and place where any person owning real property within said territory could appear before the legislative body of -1- trio City of Anaheim and show cause why such territory should not be annexed to the City, and the City Council did find and deter mine that the proponents who filed said petition for annexation had done and performed all of the things required to be done and performed by the Annexation Act of 1913 (Title IV, Division 2, Part 2, Chapter 1, Articles 1 to 4, inclusive, of the Government Code of the State of California) and did further find that all of the provisions of said Annexation Act of 1913, as amended, re- quired to be complied with before the adoption of said resolution had been complied with prior to the adoption thereof, which re- solution was duly published once a week for two weeks prior to the hearing in a newspaper of general circulation published in the City of Anaheim, there being no newspaper of general circulation published in the territory proposed to be annexed. WHEREAS, said City* Council did, pursuant to its Reso- lution No. 2L?9 hold a public meeting and hearing on the 10th day of August 19 5. at the hour of 8:00 otclock P.M. in the City Council Chamber of the City Hall of the City of Anaheim, the date fixed in said resolution as the day, hour and place when and where any and all persons owning real property within the boundaries of the territory so proposed to be annexed and having any objections to the proposed annexation, might appear before the City Council of the City of Anaheim and show cause why such territory should not be so annexed, which said Resolution did notify all persons having any objections to such proposed annexation to appear on said date at said hour and place to show cause, if any they had, why such territory should not be annexed, and further notifying such persons that any protests against the calling of an election to submit to the electors residing within said territory the question of annexation to the City of Anaheim, and any protests against the annexation of said territory to the City of Anaheim must be in writing and filed with the City Clerk of the City of Anaheim not later than the hour and date set forth in such resolution for the hearing of objections to said election and the annexation of said territory to the City of Anaheim, which said resolution was duly published once a week for two successive weeks prior to the date fixed for the hearing of pro- tests and objections to said election and annexation of said territory to the City of Anaheim, in the Anaheim Bulletin, a news- paper of general circulation published and circulated in the City of Anaheim, County of Orange, State of California; and WHEREAS, at =At public hearings held on the lOth .iisomxmk 13t1 and 19th days of Aug. 19 54 the City Council of the City of Anaheim did hold c hearingstc hear all written protests thereto- fore filed objecting to the calling of said special election or the annexation of said territory hereinafter described to the City of Anaheim, and the City Council does hereby find that written protests were not made by the owners of a majority of the separate parcels of property within tr_e territory proposed to be annexed; and WHEREAS, said petition contains a request that the City Council of the City of Anaheim call a special election to be held in said territory thereby proposed to be annexed to said City of Anaheim and giving notice thereof as required by law, and to sub- mit to the electors residing within said territory the question whether said new territory shall be annexed to, incorporated in, and made a part of the City of Anaheim, and said petition also contains a request that the question to be submitted at such epeoial election to the electors residing within said new terri- tory shall be whether said new territory shall be annexed to, in- corporated in, and made a part of said City of Anaheim, and the -2- property therein be, after such annexation, subject to taxation equally with the property within the City of Anaheim, to pay its pro rata share, based upon assessed valuation, of all bonded in- debtedness of the City of Anaheim outstanding or authorized at the date of the filing of said petition, to wit July 23, 19 5LI. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a special election be and the same is hereby, called to be held on Friday the 24th day of September 1 in said new territory mentioned. in the petition aforesaid an hereinafter more particularly de- scribed, and proposed to be annexed to the City of Anaheim, for the purpose of submitting to the electors residing in said new territory the question whether the said new territory shall be annexed to, incorporated in, and made a part of the City of Ana heim and the property therein be, after such annexation, subject to taxation equally with the property within said City of Anaheim, to pay its pl:•o rata share, based upon asses iod va uation, of all of the bonde i e of said City cf A a'_ -ieim o ur, stand gin on the 23rd day of July 19___54 or theretofore authorized. The new territory in which such special election is hereby called and shall be held, is situated in the County of Orange, State of California, the boundaries of which are described as follows: A tract of land being a portion of Sections 21, 22 and 23, Township 4 South, Range 10 West, San Bernardino Base and Meridian and more particularly described as follows: Beginning at a point on the existing Anaheim City Limits line said point being the intersection of the northeasterly right -of -way line of Los Angeles Street, also known as U. S. Highway 101 and the southerly line of the Ni of the NE4 of NE of Section 22, T4S, R10W, S.B.B. M.; thence, l Southeasterly along said northeasterly right -of -way line of Los Angeles Street to the easterly line of the NE4 of Section 22, T4S, R1OW, S.B.B. M.; thence, 2. Southerly along said easterly line of NE4 of Section 22, T4S, R1OW, S.B.B. M., and crossing said Los Angeles Street to the southwesterly right -of -way line of said Los Angeles Street; thence, 3. Southeasterly along said southwesterly right -of -way line of Los Angeles Street to the easterly prolongation of the southerly right-of-way line of Midway Drive; thence, as shown on a map of 'The Joseph Fiscus Subdivision" recorded in Book 8, Page 73, Miscellaneous Maps of Orange County, California; thence, 4. Westerly along said southerly right -of -way line, and its easterly prolongation, of said Midway Drive to the north- easterly right -of -way line of Manchester Avenue; thence, 5. Southwesterly crossing said Manchester Avenue at right angles to its center line, to the southwesterly right -of -way line of said Manchester Avenue; thence, 6. Southeasterly along said southwesterly right -of -way line of Ma,A ^hester Avenue to an angle point in said south- westerly right -of -way line; thence, 7. Easterly along the southerly right -of -way line of said Manchester Avenue to an angle point in said right -of -way line; thence, 8. Southeasterly along southwesterly right -of -way line of said Manchester Avenue to the westerly right -of -way line of Haster Street; thence, 9. Southerly along said westerly right -of -way line of Haster Street to a point 40.00 feet northerly of the center line of Katella Avenue, measured at right angles to said center line; thence, 10. Westerly along a line parallel to the center line of said Katella Avenue and 40.00 feet northerly therefrom to the westerly line of Lot 8 of Block 17 of Fairview Colony Tract as shown on a map thereof in Book 1 at Page 33 of Miscellaneous Record Maps, Records of Orange County; thence, 11. Northerly along said westerly line of said Lot 8 to the most northwesterly corner of said Lot 8; thence, 12. Westerly along northerly lines of Lots 6 and 7 of said Block 17 to the most northeasterly corner of Lot 5 of said Block 17; thence, -4- 13. Southerly along easterly line of said Lot 5 to a point located 40.00 feet northerly of the said center line of Katella Avenue$ measured at right angles to said center line; thence, 14. Westerly along a line parallel to and 40.00 feet northerly of the said center line of Katella Avenue to the easterly right -of -way line of Euclid Avenue; thence, 15. Northerly along said easterly right -of -way line of Euclid Avenue to the southerly line of the Ni of Lot 4, Block 12 of said Fairview Colony Tract; thence, 16. Easterly along said southerly line of the Ni of Lot 4 and the southerly line of the Ni of Lot 3 of said Block 12 to the easterly line of said Lot 3; thence, 17. Northerly along said easterly line of Lot 3 and its northerly prolongation across Cerritos Avenue to the northerly right -of -way line of said Cerritos Avenue; thence, 1$. Easterly along said northerly right -of -way line of said Cerritos Avenue to the most northwesterly right -of -way corner of said Cerritos Avenue and Walnut Street; thence, 19. Northerly along westerly right -of -way line of said Walnut Street to the westerly prolongation of the southerly line of the NE4 of NE* of Section 21, T4S, R1OW, S.B.B. M.; thence, 20, Easterly along the southerly line and its said westerly prolongation across Walnut Street, of the NE4 of NE4 of Section 21, T4S, R1OW, S.B.B. M., to the westerly right -of -way line of West Street; thence, 21. Northerly along said westerly right -of -way line of West Street to the westerly prolongation of the northerly right of -way line of Winston Road; thence, 22. Easterly along said northerly right -of -way line, and its westerly prolongation across West Street, of Winston Road to the westerly right -of -way line of Harbor Boulevard; thence, 23. Southerly along said westerly right -of -way line of Harbor Boulevard to the westerly prolongation of the southerly line of Ni of NE4 of Section 22, T4S, RlOW, S.B.B. M.; thence, 24. Easterly along said southerly line, and its westerly prolongation across Harbor Boulevard, of the southerly line of the N2 of NE4 of Section 22, T4S, RlOW, S.B.B. M. to the westerly line of the NE4 of NE of Section 22, T4S, R1OW, S.B.B. M.; thence, 25. Northerly along said westerly line of NE4 of NE4 of Section 22, T4S, R1OW, S.B.B. M. to a point in the existing Anaheim City Limits Line; said point also being the southerly line of the Ni of NE4 of NE4 of Section 22, T4S, R1OW, S.B.B. M.; thence, 26. Easterly along said existing Anaheim City Limits line and said southerly line of the Ni of NE4 of NE4 of Section 22, T4S, R10W, S.B.B. M. to the point of beginning. -5- AND BE IT FURTHER RESOLVED that the polls of said election shall be opened at 7:00 o'clock A.L.. of the day of said election and shall remain open continuously from said time until 7:00 o'clock P.M. of the same day, when said polls shall be closed, except as provided in Section 5734 of the Elections Code of the State of California. AND BE IT FURTHER RESOLVED that at said special elec- tion the question whether said new territory shall be annexed to, incorporated in, and made a part of the City of Anaheim, and the property in said new territory be, after such annexation sub- ject to taxation equally with the property within the City of Anaheim, to pay its pro rata portion, based upon assessed valu- ation, of all of the bonded indebtedness of said City of Anaheim outstanding on the 23rd day of July 19 514. or there- tofore authorized, shall be submitted to the electors residing in said new territory so proposed to be annexed to said City of Anaheim. That said new territory hereinbefore and in said petition for annexation described is hereby designated as DISNEYLAND ANNEXATION" and said territory shall be indicated and referred to by the name of nISNRyT,ANn A NNF A TT nN upon the ballots to be used at said special election, at which the ques- tion of such annexation of said territory to the City of Anaheim is submitted to the electors of said territory, and the name used in the noti e� of sad sp al election hereby called territory, and any and all proceedings for the annexation of said territory to the City of Anaheim shall mean and shall be con- strued to mean the territory hereinbefore and in said petition described, and so proposed by said petition to be annexed to said City of Anaheim. That on the ballots to be used at said special election in addition to any other matters required by law, there shall be printed substantially the following: MARK CROSS ON BALLOT ONLY WITH RUBBER STAMP: NEVER WITH PEN OR PENCIL. (ABSENTEE BALLOTS MAY BE BARKED WITH PEN AND INK OR PENCIL.) INSTRUCTIONS TO VOTERS To vote on any measure, stamp a cross in the voting square after the word "YES" or after the word "NO". All marks, except the cross are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear or deface this ballot, return it to the inspector of election and ob- tain another. On absent voter's ballots mark a cross with pen or pencil. xtacx -6- 'PlEASUR2 SUBMITTED TO VOTE OF VOTERS :Shall DISNEYLAND ANNEXATION :be annexed to the City ofnaheim, Califor :nia, and the property in said YES DISNEYLAND ANNEXATION be, after :such annexation, subject to taxation equal :ly with the property within said City of :Anaheim, to pay its pro rata portion, based: upon assessed valuation, of all bonded in- :debtedness of said City of Anaheim outstand- NO ing on July .23_ 19 54 or :theretofore authorized? A cress placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the proposition or measure. A cress placed in the voting square after the word "Nn" in the manner hereinbefore provided shall be counted against the adoption of the proposition. The qualified electors residing in said new territory so proposed to be annexed to said City of Anaheim are hereby directed to vote upon the question of the annexation of said territory to the City of Anaheim and the subjection of said territory, after annexation, to taxation equally with the property within said City of Anaheim, to pay its pro rata portion, based upon assessed valuation, of all bonded indebtedness of said City of Anaheim out- standing on July 23 19 54 or theretofore author- ized, by stamping a cross( in the voting square after the word "YES" on the ballots to be used in said election, or by stamping a cross in the voting square after the word N 10" on such ballots. If an elector shall stamp a cross (f) in the voting square after the printed word "YES the vote of elector shall be counted in favor of said territory being annexed to, incorporated in, and made a part of the City of Anaheim and the property in said terri- tory be, after such annexation, subject to taxation, to pay its pro rata portion, based upon assessed valuation, of all bonded indebtedness of said City of Anaheim outstanding on July 23 19 54 or theretofore authorized; and if an elector shall stamp a cross in the voting square after the printed word "NO the vote of such elector shall be counted against such annexation. ND BE IT FURTHER RESOLVED that for the purpose of hold- ing said election there shall be, and here is established, one election precinct designated as hereinafter stated. The polling place for said precinct shall be the place hereinafter designated and the persons hereinafter named, being competent and qualified electors and residents of said territory and of said election precinct, are hereby appointed officers of election and they shall hold said election and make return thereof in the manner provided by law, DISNEYLAND .ANNEXATION voting pre cinct shall consist of all of said above described territory pro- posed to be annexed to the City cf Anaheim for the purpose of holding said election. -7- Polling Place: James Roland Weir's Garage, 10831 Harbor Blvd. Orange County, California Inspector: Mrs. Marie Ruth Weir Judge: Mrs. Roberta E. Fay Judge: Mrs. Hazel H. Trott Except as otherwise provided in this resolution, said election hereby called shall be conducted as provided by law for municipal elections in the City of Anaheim and the Annexation Act of 1913 (Statutes 1913, Chapter 312, Title IV, Division 2, Part 2, Chapter 1, Articles 1 to 4 inclusive, of the Government Code of the State of California) and all acts amendatory thereof and supplementary thereto. AND BE IT FURTHER RESOLVED that the City Clerk of the City of Anaheim be and he is hereby, authorized and directed to give notice of said special election by causing a notice thereof to be published once a week for four (4) successive weeks prior to the 24th day of September 19 5L in the �C rem ntererise a newspaper of general circulat- ion printed and published outside of the City of Anaheim, but in the County of Orange, in which the territory so proposed to be ar to the City of Anaheim is situated. Such notice shall distinctly state the date of such special election, the measure or proposition to be submitted at such special election, to wit: That it is proposed to annex to, incorporate in, and make a part of Said City of Anaheim the aforesaid territory sought to be annexed and shall specifically describe the boundaries thereof, and that after such annexation, such territory shall be subject to taxation equally with the property within said City of Anaheim, to pay its pro rata portion, based upon assessed valuation, of All oonded indebtedness of said City of Anaheim outstanding on the 23rd day of July 19 54 or theretofore authorized. Such notice shall distinctly designate said terri- ttry proposed to be annexed to said City of Anaheim as "DISNEYLAND ANZvEXATION," as the name by which such terri- tory shall be indicated upon the election ballots; that such notice shall instruct the electors how to vote at said special election; that with respect to the assumption of bonded indebted- ness 81d notice shall: 1. State distinctly the proposition to be submitted. Specify the improvement or improvements for which the indebtedness was incurred or authorized. 3. State the amount or amounts of such indebtedness outstanding at the date of the first publicat- ion of tree notice. 4. State the amount authorized to be represented by bonds to be issued. 5. State the maximum rate of interest payable or to be payable on the indebtedness. Such notice shall designate the election precinct, the place at wrn,ch the polls will be open, and the hours at which such polls will be open for such election in said new territory as establish- ed by this resolution. In such notice, the qualified electors residing in said new territory so proposed to be annexed shall be directed to vote upon the question of annexation as hereinabove provided. -8- AND BE IT FURTHER RESOLVED that immediately upon the closing of the polls, the election officers for said election precinct hereinabove designated shall count the ballots, make up, certify, and seal the ballots and tally sheets of the ballots cast, and deliver them, with the returns, to the City Clerk of the City of Anaheim; that, at its next regular meeting held at least three days after the election, the City Council shall can- vass the returns. The canvass shall be completed at the meeting if practicable, or as soon as possible, avoiding adjournments. Immediately upon completion of the canvass, the legislative body shall cause a record to be entered upon its minutes stating the proposition submitted, the number of votes cast, and the number of votes cast for and against annexation and that thereafter the City Council shall take and conduct such further proceedings as are provided for in the Annexation Act of 1913 and acts amend- atory tiaereof and supplementary thereto, hereinabove referred to. THE FOREGOING RESOLUTION is approved and signed by me this 19th dozy of August, 3,954 ATTEST: CITY CLERK Or TIE CITY OF ANAHEIM STATE OF CALI.FO�PNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, CFARLES E. GRIFFITH, City Clerk of the City of Ana- heim, do hereby certify that the foregoing resolution was intro- duced and adopted at an Adjourned Recular meeting provided by law, of the City Councir cf the City of Anaheim, held on the 19th day of August 19 5L by the following vote: ALES: COUNCILMEN: Pearson, Fry. Schutte and. Via. Wa<�oner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Wisser. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim aoproved and signed said resolution on the 19th day of Ap ast 1954 IN WITNESS 'THEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 19th day of Au'-as t 195 (SEAL) r, SEAL MAYOR OF THE CITY OF ANAHEIM CITY CLERK OF ME CITY OF ANAHEIM