Loading...
56R-3060 - - r-. ""-...;0 RESOLUTION NO. ~q6o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALLING A SPECIAL ELECTION ON THE ~ DAY OF ~_~_~u_ umn' 19 $6 , IN A C AIN TERRIT~ O~NGE CONTIGUOUS TO THE CITY OF AN~~M PROPOSED TO BE ANNEXED TO SAID CITY OF AN~.c.IM; PROVIDIID FOR THE HOLDING OF SUCH EtECTIION AND SUBMIT- TING TO THE ELEOTOaS RESIDING iIN SUCH TERRITORY THE QUESTION WH~R SUCH TER~'ITOHY SHALL BE ANNEXED TO, INCORPORATED IN, ND MADE A PART OF SAID CITY OF ANAHEIM AND T E PROPERTY IN SUCH TERRITORY BE, AFTER SUCH fANNEXATION, SUB- JECT TO TAXATION EQUALLY \ITTH iPROPERTY WITHIN THE CITY OF ANAHEIM TO PAY ITSi PRO RATA PORTION, BASED UPON ASSESSED VALUATION, OF ALL THE BONDED INDEBTEDNESS OF SAID CITY OF ~NAHEIM OUTSTANDING ON THE 22JID DAY OF lfOVDrnI ' 19 ~5 , OR THERl!.'TOFORE AUTHORlZJID; D CRIBING SAlyr-- TERRITORY AND DESIGNATING IT THE NAME OF .ST Olf OI" A A PLACE IN SAID TERRITORY; APPOI OF ELECTION FOR SAID SPECIAL BCTION, AND PRO- VIDING FOR THE PUBLICATION OF iNOTICE OF SUCH ELECTION. . , WHEREAS, the City Council of the City of Anaheim did on t;lle 2~d day of loY~ef ' 19 rt.:; , receive a written p~tit on asking tha cer.a n new terri~escribed in said p~tition be annexed to the City of Anaheim; and WHEREAS, said territory so provosed to be annexed to s~id City of Anaheim is situated in the County of Orange, State of: California, and is contiguous to the City of Anaheim, and said Pf3tition oontains a description of said territory in words and f~gures as hereinafter in this resolution described; and WHEREAS, said petition is sign~d by not less than one- f~urth 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 01 ty of Anaheim does not form a part of any municipal corpor- ation, and more than twelve (12) qualified electors residai wi thin the boundaries of the territory proposed to be annexed at the t~me of the filing of said petition for said annexation, and said e~ectors are bona fide residents of said new territory and said ter~~Gory is inhabited; and -_r \VHEREAS, on the 22Ild day of Ioveaber , 19 55 . tl1e City Gounci 1 of the Oi ty of Anaheim! did ad.opt its Resolution No. ~L. declaring its. intention to call a special election to be he.te... nor, sooner t'l&rJ i'tfty-fo',.ir (5~') days no:'" later than "ev~1l+-y-f'17e ('7~:J day,; a.f'~e:--' the termination of Trce heari~g of pro+;ef:.t.s1 and of i':3 jnte~tion 1:;0 submi.t the qnestio11 of annexa- U.on to the 61ectc~'J rE;si.d~.rJg in the territory described in said Hri ttO!1 peti ti01J; j"lli"h re2()Ll.1~i..cn did specifically describe the bC"J.nc.3l'ies of the t:3Y'~jtO:('Y proposed to be annexed, and designate the':Arr'i'cOyy by Ule name of STANTON 4{'Bl!lUE ANNEXATION bv which . t should be referred to tlpO'1 the l.Jo.llot3 u.sed at the election, and did contain a notice of the daJ~ hOlW and place where any person owning real property witfiin said territory could appear before the legislative body of -1- r r - .--.- the City of Anaheim and show cause why suoh territory should not be annexed to the City, not less than fifteen (15) days nor more thap forty (40) days after the passage of said resolutiou, to wit, on the 27th day of ~~~.mb!lr~_~_, 19 55 ; and the City Council did find and detffi~tne ffia~ the pro~onents Who filed said peti- tiop for annexation had done and performed all of the things re- q'Ldred to'be done and performed by the Annexation Act of 1913 (Title IV, Division 2, Part 2, Chapter 1, Articles 1 to 4, inclu- sive, of the Governm.ent Code of the State of California) and did further fi~d that all of the provisions of said Annexation Act of 191.3~ us a::nende d, required to be complied in th before the adop- tio~'of said resolution had been complied with prior to the ado~tion thereof~ which resolution 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 news- pap$r of general circulation published in the territory proposed to be annexed, and direoted the City Clerk to cause written notioe of such proposed annexation to be mailed to eaoh owner of an equ~table or legal interest in the land, other than an easement or right of way within the territory to be annexed, who had filed his, her or its name and a general description of suoh land sufficient to identify it on the last equalized County Assessment Roll or with said Clerk, and further directed that said notice be mailed not less than twenty (20) days before the first public hearing on the proposed annexation; and l~rEREAS~ saic City Cou~cil did~ pursuant to its Resolu- tlo~ No. 10~6 . hold a public meeting and hearing on the 27th day. of ........o.~b.r , 19 55 s at the hour of . 7:00 0' clock P.M. in the TITty ouncil Chamber in the City Hall, in the City of ~aJP.eim, the date fixed in said resolution as the day.? hour and pla~e when and where any and all persons owning real property witlin the boundaries of the territory so proposed to be annexed and,having any objections to the proposed annexation~ might appear bef~re the Ci ty Cound 1 of the Oi ty of Anaheim and show cause why sucJ!l territory should not be so annexed, which SI'.id resolution did notify all persons ha':ing any ob;ections to such proposed annexa- tlo~ to appear on said date at said hour a~d place to show cause, if 4nY they had", why such terri tory 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 sai~ territory the question of annexation to the City of Anaheim: and any protests agains t 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 $uch resolution for the hearing of objections to said election and the annexation of said territory to the City of Anaheim, which said resolution was duly publiShed once a week for two successive wee~s prior to the date fixed for the hearing of protests and ob- jections to said election and annexation'of said territory to the City of Anahei~ in the Anfu~eim Bulletin: a newspaper of genepal ciroulation, publiShed and ciroulated in the City of Anaheim, Courity of Orange, State of California; and WHEREAS, at public hearings held on the 27th day of December, ...JJl.1.!i aDd. on t~. J.Qt.tL ~f ffuaI7t 1956 _,~ the City Council oF1fl1e City of Anaheim did-ho hear ngs to hear all writ'ten pro- tes~s theretofore filed objecting to the calling of said special eledtion or the annexation of said territory hereinafter described to tihe City of Anaheiml and the City Council does hereby find that wri~ten protests were not made by the owners of one-half (1/2) of the value of the territory proposed to be ann exed$ as shown by the last equalized assessment roll, or otherwise; and -2- , -~ ._.... i _r' ,..., ,.,.." HHEREAS, 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 tho 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 tho question to be submitted at such special election to the electors residing within said new terri- tory shall be whether said new territo~y shall be annexod to, in- corporated in, and made a part of said City of Anaheim, and the 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 ass essed valuation of all bonded in- debtednoss of the City of Anaheim outstanding or authorized at the date of the filing of said petition, to wit: November 22. lt5t; . NOW, THEREFORE, BE IT RESOLVJl;D by the City Council of the City of Anaheim that a special eleotion be and the s~e is hereb.y called to be held on Tueaday ., the 6th day of ~ ' 19 ~6 ,in sara-new territory mentioned in the pem on aforesaid ari"Ci"1i'ereinafter more particularly described, and proposed to be annexed to the City of Anaheim, for the pur- pose 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 Anaheim and the property therein be, after such annexation, subject to taxation equally with the property within said City of Anaheim, to pay its pro rata share, based upon assessed valuation, of all of the bonded indebtedness of said City of Anaheim outstanding on the _~d . day of Nov&Rber , 19 55 , or theretofore author- ~ The new torritory 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 whfuh are de- scribed as follows: -3- - STANTON AVENUE ANNEXATION ~~.,- A paroel of land being a portion of Sections 7 and 18, Township 4 8o,tn, Range 10 West, San Bernardino Base and Meridian, and Seotions 12, l' and 1&, Township 4 South, Range 11 Weet, San Bernardino Base and tt.ridlan and more particularly described as follows: Beginning at a point of intersection of a line parallel to and 30.0~ teet easterly, as measured at right angles, of the east Section Line. of said Section 13, Township 4 South, Range 11 West, S.B.B.M. . (sai~ &Qst Seotion Line also being the centerline of Magnolia Avenue), and . line parallel to an~ 20.00 feet northerly, as measured at right angl~8, from the easterly prolongation of the north line of sEt of saidSeetion 13 (said north line also being the oenterline of Orange Aven116) ; 1. Southerly 35 feet, more or less, along said line parallel to east. Seotion Line of Section 13 to a point of lntersection witb. the easterly prolongation of a line parallel to and 15.00 feet southerly, as ~.eured at right angles from the so~th line of NE~ of said Sec- tion:l) (said south line also being the centerline of Orange Avenue); thenpe, 2. Westerly 7930 feet, more or less, along said line parallel to o,nterline of Orange Avenue to a point of intersection with a line par~lel to and 20.00 feet easterly, as measured at right angles, from: the west line of NEt of eaid Section 14, Township 4 South, Range 11 Wbst, S.B.B.M., (said west line also being the centerline of West,rn Avenue); thenoe, 3. Northerly 1980 feet, more or less, along said line parallel to wpst line of NEt of Section 14 to a point in the south line of NW~ pi NJl of N~ of said Section 14; thence, 4. Easterly 640 feet, more or less, along said south line of NW-t pf N1'1~ of NE~ of Section 14 to the BE corner of said Nll:t of NWt of ~i of said Section 14, said point also being the SW corner of Tra~ No. 403 as shown on a map thereof recorded in Book 16 at Page 11 o~ Misoellaneous Maps, Records of Orange County, California; thence, 5. Northerly 640 feet, more or less, along west line of said Trac,t 10. 403 to a point of intersection with a line parallel to and 30.00 feet southerly, as measured at right angles, from the north Sectiion Line of said Section 14, Township 4 South, Range 11 West, S.B.~.K., (said north Section Line also being the center line of Lindoln Avenue); thenoe, 6. Easterly 3960 feet, more or less, along said"line parallel to aenterline of Lincoln Avenue to the southerly prolongation of the wes~ line of SEi of SEi of swi of said Seotion 12, Township 4 South, R.n~ 11 West, S.B.B.M.; thance, 7. Northerly 60 feet, more or less, along said west line and its :80utherly prolongation to a point of interseotion with a line par~l&l to and 30.00 feat northerly, as measured at right angles, fro~ the south Section Line of said Seotion 12, (said south Section Line also being the centerline of Lincoln Avenue); thenoe, .~ 8, Easterly 3960 feet, more or less, along said line parallel to oenterline of Lincoln Avenue to the northerly prolongation of the wost line of E! of NWi of NW; of Section 18, Township 4 South, Range 10 iJest, S.B.B.M., said point also being in the existing Anaheim City Lim~ts Line as established by tho Gilbert Street Annexation to the Cit~ of Anaheim, Annexation No. 37 as passed by Ordinanoe No. 868 on Novqmbor 24, 1953 and filed with the Secretary of state on January 11, 19.54; thenoe, -4- .,..-., " .--. - 9. Southerly 1382 feet more or less, along existing Anaheim Oity:L1mits Lin., and also alons said west line and its southerly p.olpagatlon of Et of NWt of NWt of Section 18 to a point of inter- saot~on with a l1ne parallel to and 20.00 feet southerly, as measured at r~cht angles, from the north line of SW~ of NW; of said Section 18 (said north line also being the canterl1ne of Broadway); thence, 10. Westerly along said line parallel to centerline of Broadway and ,uso along ea.ld existing Anaheim Oi ty Lim1 ts Line to the north- east oornor of Tract Ne. 25 as shown on a map thereof reoorded in Eook. 9 at Page 28 ')f ld sccllaneous Haps, Rcco::-ds of Orange County, Calitornia; thonce~ "1. Southorly 581.3') feot along said exi::ltir.g Anaheim City Llmi!te Line and also along east line of said Tract Ho. 2.5 to an angle PQi~ 10 said Gilbert street Annexation; thenoe, 12. Continuing southerly 335 feet, more or less, along said east line of Tract No. 25 to a point of into:t'scc."i.;lo2\ )'t'~h a line parallol to ~d 394.5 feet northerly, as measured alc::::~ a li".e parallel to the desti section Line of said Section 18, from the scuch line of NW~ of said! Section 18; thcnce, 1). Wostorly 570 feet, morc or less, along said line parallel to sou~ line of NWi of Section 18 to a point of interseotion with a 11n~ parallel to and )0.00 feet easterly, as measured at right angles fto~ said west Seotion Line of said Section 18 (said west Section Lln~ also being the centerline of ~~gnolia Avenue); thence, 14. Scutherly 374.5 feet, along said line parallel to west Section L~no of Seotion 18 to the point of beginning. -5- ...-.,." - _r-' AND BE IT FURTHER RESOLVED that the polls of said election shall be opened at 7:00 o'clock A.~. of the day of said ~leetion and shall remain open oontinuously from said time until 7:00 o'olook P.M. of the same day, when said polls shall be ~108ed, except as provided in Section 5734 of the Eleotions Code ~t the State of California. AND BE IT FURTHER RESOLVED that at said speoial elec- tion the question whether said new territory shall be annexed ~o, inoorporated in, and made a part of the City of Anaheim, and the property in said new territory be, after suoh annexation sub- Ject to taxation equally with the property within the City of Anaheim, to pay its pro rata portion, based upon assessed valu- ~tion, of all of the bonded indebtedness of said Citx~of Anaheim outstanding on the 22J:ld day of .ovem~er , 19--22." or there- 1ofore ~uthorized, shall be submitted to the eleotors residing 1n .aid new territory so proposed to be annexed to said City of Anaheim. That said new territory hereinbefore and in said ~etltion for annexation desoribed is hereby designated as : S'l'~I A.VJ!:luii ANNEXATIONII and ~aia territory shall be indioated and referred to by the name of ; S'l1A"OI A.id".!.!: A.JlNIa.A.TIOli' upon the ballots to be used at said speoial eleotion, at whioh the ques- tion of suoh annexation of said territory to the City of Anaheim ts submitted to the eleotors of said territory, and the name ; "....umr AlI1IllIIuE AlT1ITRrAT~OI, " whenever used in the notioe of said speoial election hereby oalled in said ~rritory, and any and all prooeedings for the annexation of said territory to the City of Anaheim shall mean and shall be oon- s~rued to mean the territory hereinbefore and in said petition ~aoribed, and so proposed by said petition to be annexed to said Oil. ty of Anaheim. That on the ballots to be used at said speoial eleotion in addition to any other matters required by law, there shall be printed substantially the following: 1>WUC CROSS (...) ON BALLOT ONLY \lITH RUBBER STAl.fi': NEVER WITH PEN OR PENCIL. (~SENTEE BALLOTS HAY BE HARKED \IITH PEN AND INK .QS PENCIL. ) INSTRUCTIONS TO VOTERS To vote on any measure, stamp a cross (+) in the votin~ s~uare after the word IIYESlI or after the word I NO'. All marks, exoept the oross (+), are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrong+y stamp, tear or defaoe this ballot, return it to the inspeotor of eleotion and ob- tain another. r-- --- On absent voter's ballots mark a cross (+) with pen or penoil. .1.6- -- - MSASURZ SUBMIT~ED TO VOTE OF VOTERS -..,..-.. : Shall STAlTOI AVDuE AliNEXATIOIT :be annexed-to "the City of Inahoim, Cal1tor-: :.n1&, and the property in said 8'1'.A.J'fOI YES ;~~~n~~~l~~~~UbJect to t~~~1o~f;~~al_~ :~y with the property within sald Clty ot : :~nahelm, to pay its pro rata portion, based: :~n aSBcssed valuation, of all bonded In- : :~e~tedneae of said City of Anaheim outstand- NO : ling on lIqy.llitr 22 . , 19 55 ,or : :~heretotore authorized? : A cross (+) placed in the voting square after the word IIns" 1n the manner here1nBefore provided shall be counted in f~vor of the adoption of the proposition or measure. A cress (+) pJ,aoed in the voting square after the word "N!")" in tho manner h~reinbetore 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 t~ vote upon the question of the annexation of said territory to the City of Anaheim and the subjection of said territory, after a~nexation, to taxation eq~ally with the proporty within said City ot Anaheim, to pay its pro rata portion, based ~pon assessed v.luation, of all bonded indebtedness of said City of Anaheim out- s~anding on ]lov_ber ~"..__, 19_~, or theretofore author- i~ed, by stamping a cross (+1 in the voting square after the word litES" on the ballots to be used in said election, or by stamping .~ ~ross (f) in the voting square after the word II~OIf on auch bal~o1B. If an elector shall stamp a cross (+) in the voting square after tIlle printed word II YES If , the vote of"'such 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 p~o rata portion, based upon assessed valuation, of all bonded indebtedness of said City of Anaheim outstanding on !oveaber 22 , 19 55 , or theretofore authorized; and if an elector shall stamp a cross (+) in the voting square after the !)]Hnted word "NO", the vote of such elector shall be counted asainst such annexation. AND BE IT FURTHER RESOLVED that for the purpose of hold- l~g said election there shall be, and here 1s established, one election precinc~ designated as hereinafter stated. The polling place for said precinct shall be the place hereinafter designated alld the persons hereinafter named, being competent and qualified electors and residents of said territory and of said election precinct, are hereby appointed ~fficers of election and they shall hold said election and make return thereof in the manner provided by la.w. ----- S~WOIT AV~U~ ~'I'IO}l cinct shall consist of a of sai above escribed posed to be annexed to the City cf Anaheim for the hoQding said election. voting pre~ territory pro- purpose of -'f1- - - Polling Plaoe: Inspeotor: Fred C. Law residenoe, 9322 Stanton Boule- vard, ADaheim, Orange Count.,.., Calitoruia. Ma.,.. Pearl Brook Frances O. Smith Iva Rose Calawa.,.. -...-... Judge: Judge: Except as otherwise provided in this resolution, said e~ection hereby oalled shall be conducted as provided by law for m~nicipal eleotions in the City of Anaheim and the Annexation Aot of 1913 (statutes 1913, Chapter 312, Title IV, Division 2, Part 2, C~apter I, Articles 1 to 4 1nolus1ve, of taeGovernment Code of tbe State of California) and all acts amendatory thereof and s.pplementary thereto. AND BE IT FURTHER RESOLVED that the City Clerk of the C~ty of Anaheim be, and he is hereby, authorized and directed to g~ve notice of said special election by causing a notioe thereof to be pUblished once a week for four (4) successive weeks prior tQ the 6th day of Karch , 19 55 , in the P~e..t1. Courier , a newspaper of general circulat- i~n pr nted and published outside of the City of Anaheim, but in tne County of Orange, in which the territory so proposed to be armexed to the City of Anaheim is situated. Suoh notice shall d~stlnctly state the date of such special election, the measure on proposition to be submitted at suoh special election, to wit: T~at 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 bonded indebtedness of said City of Anaheim outstanding on the 22Dd day of November ,19 ~~, or theretofore awthorized. Such notice shall distinctly designate said terri- tory proposed to be annexed to said City of Anaheim as ~~OI AV~U~ ANNEXATION. as the name by which suoh terri- t~y shall e indicated upon the election ballots; that such ndt1ce shall instruot the electors how to vote at said special election; that with respect to the assumption of bonded indebted- ness said notice shall: 1. state distinctly the proposition to be submitted. 2. Speoify the improvement or improvements for which the indebtedness was incurred or authorized. 3. State the amount or amounts of suoh indebtedness outstanding at the date of the first publicat- ion of the notice. --..J- 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. SU.h notice shall designate the election preoinct, the place at whteb the polls will be open, and the hours at which such polls wi 1 be open for such election in said new territory as establish- edby this resolution. In such notice, the qualified electors re.ld1ng 1n said new territory so proposed to be annexed shall be d1~ected to vote upon the question of annexation a~ hereinabove pr<)v14ed. _4_ 11 ~ .-,,.' ~ r f t I I , f r L t 1:,' ~;~ ~'" ..- - I AND BE IT FURTHER RESOLVED that immediately upon the c~osing of the polls, the election officers for said eleotion pweoinct hereinabove designated shall count the ballots, make up, c~rtify, 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 not l~ss than six (6) days nor more than seven (7) days from and ~ter the date of the election, the City Counoil shall oanvass ~he returns. The oanvass shall be completed at the meeting, if practioable, or as soon as possible, avoiding adjournments. Immediately upon completion of the canvass, the legislative body S,hall cause a record to be entered upon its minutes stating the proposition submitted, the number of votes cast, and the number qf votes cast for and against annexation and thereafter the City Qounoil shall take and conduot suoh further prooeedings as are provided for in the Annexation Act of 1913 and acts amendatory ~ereof and supplementary thereto, hereinabove referred to. i THE FOREGOING RESOLUTION is approved and signed by me this 10th day of JaIluan , 19 1:)' . , ~/ ~ /~" M~1o~~~ I o~ ~TATE OF CALIFORNIA aoUITY OF ORANGE dITY OF ANAHEIM I, DElE M. ~ ' City Clerk of the City cjf Anaheim, do hereby cer y hat the foregoing resolution was :lntroduoed and adopted at a rft meeting provided ~y law of the City Counoil of the ty of Anaheim, held on the ~hh day of J&J1't1.U'Y , 19 56 , by the followin g vote: AYES: NOES: COUNCILMEN: Pearson. 'Ir7. Schutte, W1uer lLDd. VIUl Wagoner. COUNCILMEN: Bone. ABSENT: COUNCILMEN: Bone. AND I FURTHER CERTIFY that the Mayor of the City of 4naheim approved and signed sai d resolution on the lO_h day of 'f1fII/IIIIIJ.r7 , 1 9 56 . IN WITNESS WHEREOF, I have hereunto set my hand and .ffixed the offioial seal of the City of Anaheim this lO~ day ~f 1e:t#f11&r7 , 19 56 . (~-7x . 0::- , of CLERK OF' T~ ~IM. (SEAL) -9- t-r l' ~