Loading...
1954-2438RESOLUTION NO. 24. A RE3OLLTT2IN OF TAE CITY COUNCIL OF T CITY OF ANAHEIi4i CALLING A SPECIAL ELECTION ON THE 16th DAY OF JULY 19 54 IN CERTAIN TERRITORY IN THE COUNTY OF ORANGE CONTIGUOUS TO THE CITY OF ANAHEIM PROPOSED TO BE ANNEXED TO SAID CITY OF ANAHEIM PROVIDING FOR THE HOLDING OF "UCH ELECTION AND SUB- MITTING TO TAE ELECTORS RESIDING 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 EQUALLY 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 27th DAY OF APRIL 19 54. OR THERETOFORE AUTHORIZED: DESCRIBING SAID TERRITORY AND DESIGNATING IT BY THE NAME OF "ORANGE AVENUE ANNEXATION ESTABLISHING AN ELECTION PRECINCT AND POLL- ING I�LACE IN SAID TERRITORY, APPOINTING THE OFFICERS OF ELECTION FOR SAID SPECIAL ELECT- ION AND PROVIDING FOR T"- PUBLICATION OF NCTICE OF SUCH ELECTION. 0 HEREAS, the City Council of tne City of Anaheim did on the 27th day of April 19 54 receive a written petition asking that certain new territory described in said petition be annexed to the City of Anaheim; and WHEREAS, said territory so proposed to be annexed to said 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 words 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 WHEREAS, 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 25th day of May 1954 the City Council of the City of Anaheim did adopt its Resolution No. 21.23 declaring its intention to call a special election and fixing a date thereof, and giving at least fifty (50) days notice thereof, 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 "O ANGE AYEAUE AIVNEXAPION," by which it -hould be referred to upon the ballots used at the election, and did contain a notice of tne day, hour and place where any person owning real property within said territory could appear before the legislative body of -1- the 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. 2423. hold a public meeting and hearing on the 15th day of Jane 19, 54 at the hour of 8:00 o clock 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, Mate of California; and WHEREAS, at said public hearing held on the i5th day of June 19 54 the City Council of the City of Anaheim did hold a hearing tc 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 April 27, 19 54 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 16th day of July 19 54 in said new territory mentioned in the petition aforesaid and 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 pi°o ra';,a share, based upon a ses- d v .:iva.tion, of all of the bonded indebtedness of said City of iiRa'_he .:n ou :s ana n€; on the 27th day of April 19 54 or theretofore authorized. The new territory in which such special election is hereby called and shalt be held, is situated in the County of Orange, State of California, the boundaries of which are described as follows: A parcel of land being all of Section 17 and portions of Sections 7, 8, 9, 16, 18, 19, 20 and 21, Township 4 South, Range 10 West, San Bernardino Base and Meridian, and more particularly described as follows: Beginning at a point in the existing Anaheim City Boundary Line said point also being the most southeasterly right -of -way corner of Loara Street (40 feet wide) and Lincoln Avenue; thence, 1. Westerly 2,000 feet, more or less, along said existing Anaheim City Boundary line and the southerly right -of -way line of said Lincoln Avenue to an angle point; thence, 2. Northerly 690 feet, more or less, along the said exist- ing Anaheim City Boundary Line to an angle point; thence, 3• Westerly 660 feet, more or less, along the said exist- ing Anaheim City Boundary Line to an angle point; thence, 4, Continuing westerly 330 feet, more or less, along a line parallel to the northerly right -of -way line of said Lincoln Avenue and 629 feet, more or less northerly therefrom measured along a line bearing S. 0 08 36 E. to the westerly line of that 14.25 acre parcel of land owned by Marjorie H. Cook, re- corded in Book 1120, Page 180 of Official Records of Orange County, California, Nov. 18, 1941; thence, 5. Southerly 629 feet, more or less, along said westerly line of 14.25 acre parcel to the said northerly right -of -way line of Lincoln Avenue; thence, 6, Westerly 3,670 feet, more or less, along the said northerly right -of -way line of Lincoln Avenue and its westerly prolongation across Brookhurst Street (60 feet wide) to the most northwesterly right -of -way corner of said Brookhurst Street and said Lincoln Avenue; thence, 7. Southerly 5,340 feet, more or less, along the westerly right -of -way line of said Brookhurst Street to the most south- westerly right -of -way corner of said Brookhurst Street and Ball Road (60 feet wide); thence, 8. Easterly 6,660 feet, more or less, along the southerly right -of -way line of said Ball Road to its intersection with the southerly prolongation of the easterly right -of -way line of said Loara Street; thence, 9. Northerly 5,280 feet, more or less, along the said easterly right -of --way line of Loara Street to the point of begin- ning. AND BE IT FURTHER RESOLVED that the polls of said election shall be opened at 7 :00 o'clock A.M. 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 573. 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 27th day of April 1954 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 ORANGE AVENUE ANNEXATION" and said territory shall be indicated and referred to by the name of ORANGE AVENUE ANNEXATION 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 "fRAN( AVENUE ANNEXATION" whenever used in the notice of said special election hereby called in said 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 s� 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 START': NEVER WITH PEN OR PENCIL. (ABSENTEE BALLOTS IfiAY BE MARKED 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 (4), 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. MEASURE: SUBMITTED TO VOTE OF VOTERS :Shall ORANGE AVENUE ANNEXATION :be annexed to the City of naheim, Califor :nia, and the property in said YES .ORANGE AVENUE 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 April 27 19 54 or :theretofore authorized? -6- A cross 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 cross (4.) 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 April 27 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 (4.) in the voting square after the word "N10" an such ballots. If an elector shall stamp a cross (4.) 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 April 27 19 54 or theretofore authorized; and if an elector shall stamp a cross (-F) in the voting square after the ?)rinted word "NO the vote of such elector shall be counted against such annexation. .AND 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. ORANGE AVENUE 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. Polling Place: Everett M. Koontz' rumpus room (rear), 10662 E. Broadway, Orange County, California. Inspector: Mrs. Veva M. Long Judge: Mrs. Esther L. Freese Judge: Mrs. Marion Gifford Wick 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 16th day of July 19 54 in the Placentia Courier a newspaper of general circulat- ion printed and published outside of the City of Anaheim, but in `.he County of Orange, in which the territory so proposed to be aralexed 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: Tat 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 I11 oonded indebtedness of said City of Anaheim outstanding on the 27th day of April 19 54 or theretofore authorized. Such notice shall distinctly designate said terri- try proposed to be annexed to said City of Anaheim as '!QRANGE AVENUE ANNEXATION" 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 st.tft 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 the notice. 4. Stt the amount authorized to be represented by onds to be issued. 5. State the maximum ratio of interest payable or to be payable on the indebtedness. Such notice shall designate the election precinct, the place at wn.Toh 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. 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 t::ereof and supplementary thereto, hereinabove referred to. THE FOREGOING RESOLUTION is approved and signed by me this 15th day of June 19 54 ATTEST: CITY CLERK Or TTE CITYHEIM STATE OF CALIFOPNIA 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 regular meeting provided by law, of the City Council cf the City of Anaheim, held on the 15th day of +June-- 19 54 by the following vote: AZE 3: COUNCILMEN: Pearson, Fry, Schutte, Wisser, Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim aoproved and signed said resolution on the 15th day of Jn.0 1 954 IN WITHESS TIHEFEOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of June t 19 54 -8- 6 -1.444!, 4,, CITY CLERK OF T,`iyCI'TY OF ANAHEIM MAYO •F TFiE CITY OF ANAHEIM