1954-2326RESOLUTION NO. 2326
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN AGREEMENT
RELATING TO THE TRANSFER BY THE BUENA PARK
SANITARY DISTRICT OF ORANGE COUNTY, CALIF-
ORNIA TO TIIE CITY OF BUENA PARK OF ALL OF
THE RIGHTS, POWERS AND DUTIES OF THE DISTRICT
IN THE OPERATION, MANAGEMENT AND CONTROL OF
THE SEWER SYSTEM, PROPERTY, EQUIPMENT AND
FUNDS OF THE DISTRICT, AND APPROVING AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT TO
BE MADE AND ENTERED INTO BY AND BETWEEN THE
CITY OF BUENA PARK AND THE CITIES AND SANI-
TARY DISTRICTS OF THE ORANGE COUNTY JOINT
OUTFALL SEWER.
WHEREAS, the Buena Park Sanitary District of Orange
County, California has requested the consent of the Cities of
Anaheim, Fullerton and Orange and the consent of the Garden
Grove, La Habra and Placentia Sanitary Districts to the transfer
by the Buena Park Sanitary District to the City of Buena Park of
all of the rights, powers and duties of the District in the
operation, management and control of the sewer system of said
District, property, equipment and funds of the District; and
WHEREAS, the Buena Park Sanitary District and the City
of Buena Park have entered into an agreement dated the 18th day
of August, 1953, providing for the transfer of all rights, powers
and duties, as therein set forth; and
WHEREAS, under the existing joint agreements between
the Cities and Sanitary Districts comprising the Joint Outfall
Sewer of Orange County, California, it is provided that no right,
title, nor interest of any of said Cities or Sanitary Districts
of said Orange County Joint Outfall Sewer in the Euclid Trunk
Sewer Line, the Magnolia Trunk Sewer Line, Pumping Plant and
Force Main, and the Treatment Plant and Sewage Disposal Plant
may be sold or transferred without the written consent and agree-
ment of all of the owners of said sewer lines and facilities,
treatment plant and sewage disposal system consenting thereto;
and
WHEREAS, the Buena Park Sanitary District and the City
of Buena Park have submitted said agreement of August 18, 1953
to the Cities and Sanitary Districts, who are the owners of the
Euclid and Magnolia Trunk Sewer Lines, Treatment Plant and Sewage
Disposal System, and have requested the approval and consent of
each of them to said transfer; and
WHEREAS, it is necessary that the Cities of Buena Park,
Anaheim, Fullerton and Orange and the Buena Park, Garden Grove,
La Habra and Placentia Sanitary Districts enter into an agree-
ment approving and consenting to such grant and transfer and
specifying the terms and conditions under which such grant and
transfer shall be made, and the rights, powers and duties of the
City of Buena Park shall be enjoyed and exercised,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that the grant and_ transfer of the
Buena Park Sanitary District to the City of Buena Park of all
of the ;rights, powers and duties of the District in ,the
operation, management and control of the sewer system, the
property, equipment and funds of the District, as set forth in
that certain agreement made and entered into by and between
the Buena Park Sanitary District and the City of Buena Park,
dated August 18, 1953, be and the same is hereby approved and
consented to upon the express condition that such grant and trans-
fer and all of the rights, title, powers, duties and obligations
of the City of Buena Park under said agreement shall be subject to
all of the terms, conditions and provisions of all existing joint
agreements heretofore made and entered into by and between said
Cities and Sanitary Districts of the Orange County Joint Outfall
Sewer, and particularly that certain agreement made and entered
into by and between said Cities and Sanitary Districts and the
Buena Park Sanitary District on September 19, 1927; and upon the
further express condition that all obligations of the Buena Park
Sanitary District:under said joint agreements and the obliga-
tions of the Buena Park Sanitary District to pay its proportion-
ate share of the costs of the Magnolia Trunk Sewer, Pumping Plant
and Force Main and its proportionate share of the costs of mainte-
nance and operation thereof, and of the Euclid Trunk Sewer, shall
be assumed by the City of Buena Park. It is understood, however,
that the bonded indebtedness of the Buena Park Sanitary District
is not to be assumed by the City of Buena Park.
AND BE IT FURTHER RESOLVED that that certain agreement,
a copy of which is hereto attached, between the Cities of Buena
Park, Anaheim, Fullerton and Orange, and the Buena Park, Garden
Grove, La Habra and Placentia Sanitary Districts be, and the same
is hereby, approved; and that the Mayor and the City Clerk of
said City of Anaheim be, and they are hereby, authorized and
directed to execute said contract for and on behalf of the
City of Anaheim.
THE FOREGOING RESOLUTION is signed and approved by me
this 12 day of January 1954.
ATTEST:
CITY CLERK OF THE CITY i 'ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA)
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution was passed and adopted at
a regular meeting of the City Council of the City of Anaheim held on the
12th day of January, 1954, by the following vote of the members thereof:
AYES: COUNCILMEN: Pearson, Schutte, Wisser and Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMAN: Heying.
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
signed and approved said Resolution on the 12th day of January, 1954.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the City of Anaheim this 12th day of January, 1954.
City Clerk of the i of Anaheim