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WHEHAS, the Cities of Anaheim, Fullerton, Orane and
Sant. Anz an‘'_i the Sanitary Districts o Euena Park, Garden Grove,
La Habra and Placentia, hereinafter reerred to as lite Sellersu,
and each of them are owners o certai_n undivided fractional inter-
etc in certain parts of property hereinafter described and com-
monly known as Section One of the Jolnt Outfall Sewer of Orange
County, California, and hereinafter sometimes referreL to as
Iv:Section C:nen, and in certain egulpmht, supfaies and. ()then per-
sonal proorty used, or to be osed, in the c)ezatin of ccid
oecion
fall Sewer and are treatikj and carryins away therein cewaL:e arisii
!ithin their respective areas; and.
;LEREAS, County Sanitation 1 Nos. 1, 2, 3 5 b,
c: 11, hereinafter referred to az 7, orL;anized for
o acquirinL; said Section one of said Joint Outall
Sc'wer an after the acauicition thereof, of providin throult said
sewer and enlarged facilties to be con structed b.r said Buyers for
the treatment and carryinL; into the ocean and disposal o 11 sewa
arisin within the boundaries o Sellers; and
ciiDre are to sell said Section One
to eei buyers at the Yriees and u7Dn th.e terms and conditions set
forth in
herein and made a part hel7sof, Puyers desire to accTo.irc all
said 1)T0 at the prices a upon the terms t7ne7cein stated.; cnd
'."=AS, said 1: aTe to exoand szjJa facilities ac-
dred &:nd D1OaIdC ddiVonall fcoilitiec for t15 troctment or dis-
RESOLUTION M.'.
A Ri;SOLT=N CY TEE CITY COUNCIL O:1' -r: CITY OF
ANAHEIM AUTHRIZING SALE 02 ITS IITTERST IN
T--- ONE THE J3TNT CU'22 SEWE:H C:
00UNTY, CALL TC;. CC)UNTY SANITATICr: LIS-
mIT(Nrms rTT 7T7 S IX, SEVEN ATTID
o
ELEVEN, FIXI NG T_Jalis OF SALE An APPROVI1 FORL
OF CONYRACT AND AUTHORIZINJ- THE MAY AND CITY
CLERK TO EXECUTL SAII) CONTRACT.
and are et the present time operati
Out-
kjreement hereto attached anid. by reference incorporate
•X)Eal OZ 2c2wae so tht at all times tne facilities of said Zuyers
shall be a,dcqu.ate to veceive, treat Liid dispo;ce of sewase arising
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within the boundaries ef Buyers and Sellers; and
WH.LeAS, Buyers axe to receive all sewage arisin within
the boundaries of Sellers or any thereof, and said. Buyers ere to
treat and dispose of such sewage in full oompliance with all of the
laws and. regul ation s of the State of California, or any division,
deoartment, or veblic corporation thereof, relating to the public
health or to the treatment and disposal of sewage, and in any
event so that such sewage shall not constitute a nuisance; and
WE'LHEAS, bonds of each of said County Sanitation Di
riots were voted on February 23, 1949, for the construction of
additional sewage treatment end disposal facilities and in, County
Ssnitstion Districts Nos. 1, 5, 3 and 11, in part, for the ac-
quisition of said Section ne, tne ourposes of said bond issues
being stated in the and oroceedirees and set forth in reports
prepared by Vinton W. Bacon and on file in the offires of the
districts, but since the arthorization of said Bonds of Buyers
prices have advanced and there is doubt as to whether Buyers can
build the necessary proposed facilities and pay for the same from
the amounts of such bends heretofore voted, and in that event it
is desirable that the agreement hereby authorized should be sub-
ject to termination; and
EeetEAS, omblio health ElEic.es it necessary also for
liers immediately tn build certain additions to seid Section
Ons, and it is the i'n'c,ention of Sellers to cell sEid adLittonc1
fr,ellitic to Euycrs of 'flyers to buy such fLe-
ilities upon the ters oonitions set forth in the 4.f,reement
hereto attached :ITLC. by reference mae a uait of this aetolti,;n;
2-
hthS,
durind the time that aayors are constructing
additional facilities for the treatment and disposal of sewage,
it will be necessary for Sellers to maintain and operate said.
Section One, and in such event li may be necessary to make ad-
ditions thereto or replacements of some oortion or portions thereof
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to comply with orders of the State Department of Public Health or
otherwise aotually necessary, and in such event it is reasonable
and desirable for Buyers to purchase same from Sellers and that
the contract provide therefor; and
WHEREAS, the sale of the bonds of the County Sanitation
Districts cannot ce made until such contract is entered into, and
rapidly rising prices make it desirable that the bonds be sold and
construction work done before the prices become so high that the
bond funds are insufficient to meet the conditions, and the Sell ers
and. Buyers desire to expedite the proceedings as rapidly as pos-
sible but with all safeguards necessary for each; and
WHEREAS, prior to the formation of the County Sani-
tation Districts above mentioned, a so-called declaration of
policy resardin;7 the formation of County Sanitation Districts
Nos. 2, 3 and 7 was signed by engineers, representatives of cities
and sanitary districts, and representatives of various civic or-
ganizations, and approved by members of the Board of Supervisors
of the County of Orange on June 148, and such declaration of
policy provided that for a period of forty years the tax rate in
County Sanitation District ro. 2 shall not exceed 100; in
County Sanitation District No. 3 shall not exceed 120; and in
County Sanitation District No. 7 shall not exceed 100, for each
,100.00 assessed valuation, and that no bond issue shall be pro-
posed for a vote of the 'people which would require higher tax
rates than aforesaid; and
=LAS the proceedings for the foration of said
County Sanitation Districts Nos. 2, 3 iC. 7 contained no reference
to such limited tax rates, but in the proceedings for the author-
ization of the bonds of such districts the eni,ineer s reports
mentioned the limited tax rate and the limited participation plan,
and such enineer s reports provided that payment by County
Sanitation District Nos. 2, and 7 of the 'purchase price of
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said Section One was to be made from surplus funds reised by the
limited tax rate after payments had been made o the principal
and interest requirements on all outstanding bonds of the districts
and
WHEREAS, after Section One has been taken over by
the County Sanitation Districts it will be their duty under the
County Sanitation District Act to adesuetely treat end dispose of
all serwae delivered into said Section Une or into other aoi1itje
to be orovided by said County Sanitation Districts and to expand
and enlarge said facilities, if necessary, in order to handle the
sewage arising within the boundaries of the Buyers and Sellers,
and it will be impraeticable for Sellers to resume control of said.
Section One or to provide other or additional means of treating
and disposin of their sewage, end the County Sanitation Districts
are to provide all necessary facilities and to maintain and oper-
ate the same so that the sewage isin within the boundaries of
Buyers and. Sellers may at no time endanger the public health
through lack of proper facilities or treatment which is to be
provided by the County Sanitation Districts; and
WHEREAS, the City Council of the City of Anaheim finds
that the sale of the undivided fractional interest owned by the
City of Anaheim in said Section One of the Joint Outfall Sewer of
Orane County, California, would be for the best interest and
welfare of the citizens and tax payers,and all persons concerned,
of the City of Anaheim, and that such sale should be made for the
orice and upon the terms and conditions as set forth in the
Agreement hereto attached, and by reference incorporated in and
made a part of this Resolution.
NOW, THEREFORE, B. IT Rii:SOLVED by the City Council of
the City of Anaheim that the undivided fractional interest owned
by the City of Anaheim in Section One of the Joint Outfall Sewer
of Orange County, California, be sold to County Sanitation
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Districts Nos. 1, 2, 3, 5, 7 and 11 in the proportions, for
The prices and upon the terms and conditions set forth in the
i%greement hereto attached, which is hereby approved; and
hJ IT FURTHER RES0L7ED that the Mayor and the City Clerk
of the 'City of Anaheim be and they axe hereby authorized an (ir-
ected to execute said A6reement for and on behalf of the City of
Anaheim,
THE FOREGOINa RESOLUTION is co-roved and signed by me
this J of C8.4... 42. 147
ArnrrlriM,
STATE OF CALI..70RNIA
COUNTY OF aRANGE
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
I, CHARLES E. aRTFCITH, City Clerk of the City of
Anaheim do hereby certify that the foregoing Resolution was passed
au adjourned.
and adopted at V_ reLT:ular meetinF of the City Council of the City of
Anaheim held on the 6th day of March
follorin, vote of the members thereof:
YEAS: COUNCILMEN: Pearson, Wieser, Heying, Honey and Van Wagoner
NOES: CIAIMILHEN: None
COUNOILM I r None
And I further certify that the Mayor oi the City of
Anaheial si0ned and a)roved scid Resolution on the 6th day of
March
-5-
1851.
1851 by the