3083ORDINANCE NO. 3083
AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING
THE ANNEXATION TO SAID CITY OF ANAHEIM OF CER-
TAIN INHABITED TERRITORY KNOWN AS KATHRYN -
LINDSAY ANNEXATION.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
finds: SECTION 1. The. City Council of the City of Anaheim
(a) That the proceedings for the annexation to the
City of Anaheim of the hereinafter inhabited territory were had
in conformity with and pursuant to the provisions of an act of
the Legislature of the State of California known as the "ANNEXA-
TION ACT OF 1913" (Title IV, Division 2, Part 2, Chapter 1,
Articles 1 to 4 inclusive, of the Government Code of California),
and all acts amendatory thereof and supplementary thereto.
(b) That before any proceedings were commenced for the
annexation of said territory, the proponents of said annexation
filed a written request with the City Council of the City of
Anaheim requesting the consent of the City Council to the com-
mencement of proceedings for the annexation of said inhabited
territory, more particularly hereinafter described, to the City
of Anaheim; that the City Council did thereupon refer said appli-
cation and request to the City Planning Commission; that on the
27th day of December, 1971, the City Council did receive from the
City Planning Commission its recommendation approving the proposed
annexation of said territory to said City of Anaheim; that on the
4th day of January, 1972, after the receipt of the recommendation
of the City Planning Commission the City Council did give its con-
sent to the commencement of said proceedings for the annexation
of said territory to the City of Anaheim.
(c) That the proposal for the annexation of said
territory to the City of Anaheim has been submitted to the Local
Agency Formation Commission of the County of Orange and has been
approved by said Local Agency Formation Commission.
(d) That said proponents did, on the 24th day of
March, 1972, publish a Notice of Intention to Circulate a Petition
relating to the Annexation of said territory to the City of
Anaheim, a Municipal Corporation, and on the 28th day of March,
1972, said proponents did file with the City Clerk of the City
of Anaheim a copy of the said Notice of Intention to Circulate
a Petition for the Annexation to the City of Anaheim of the
territory hereinafter described, which notice contained names of
the proponents intending to circulate the petition and a descrip-
tion of the specific boundaries of the territory proposed to be
annexed, accompanied by a printed statement, not exceeding Five
Hundred (500) words in length, containing reasons for the
petition, together with an affidavit of the publication of said
Notice of Intention to circulate said petition.
(e) That thereafter, to wit: on the 28th day of
March, 1972, said City Council adopted its Resolution No. 72R-117
in which it acknowledged receipt of a copy of said Notice of
Intention to Circulate said Petition, in which it approved the
intention of said proponents to circulate such petition.
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(f) That thereafter, to wit: on the 27th day of
April, 1972, there was filed with the City Clerk of the City
of Anaheim a written petition signed by not less than one-fourth
(1/4) of the qualified electors residing within the territory
-- hereinafter described, as shown by the County Registration of
Voters, containing a description of new territory proposed to
be annexed to the City of Anaheim, and asking that said territory
be annexed to the City of Anaheim, and containing a request that
the City Council of the City of Anaheim call a special election
to be held in said territory proposed to be annexed to said City,
giving the notice thereof as required by law and submitting to
the electors residing within said territory the question whether
said new territory should be annexed to, incorporated in, and
made a part of the City of Anaheim, and the property therein be,
after such annexation, subject to taxes equally with the property
within said City, to pay its pro rata portion, based upon assessed
valuation, of all of the bonded indebtedness of said City out-
standing at the date of the filing of said petition or theretofore
authorized.
(g) That on the 6th day of June, 1972, the City Council
did duly assemble in public session and consider said petition
and did find that said petition was signed by not less than one-
fourth (1/4) of the qualified electors residing within the terri-
tory hereinafter described, as shown by the County Registration
of Voters, and contained a description of the territory proposed
to be annexed to the City of Anaheim, and requested that said
territory be annexed to the City, and the City Council did further
find and determine that said proponents had done and performed
the acts and things required to be done and performed by the
Annexation Act of 1913, at the same time and in the manner as
required by the provisions of said Act and that said petition was
circulated more than twenty-one (21) days after the publication
of notice of intention to circulate such petition and that it
was signed by not less than one-fourth (1/4) of the qualified
electors residing within the territory proposed to be annexed,
as shown by the County Registration of Voters and as appears from
the certificate of the. City Clerk of the City of Anaheim presented
to the City Council at the time of consideration of said petition
and prior to the adoption of its resolution, and did further find
that 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 did
further find, from evidence, and reports received and from said
petition, that at the time of the filing and presentation of said
petition that said new territory proposed to be annexed to said
City of Anaheim did not form a part of any other city or munici-
pal corporation and that said territory was, at the time of
filing said petition, inhabited territory and was contiguous
to the City of Anaheim.
(h) That on the 6th day of June, 1972, said City
Council adopted its Resolution No. 72R-232 wherein it declared
its intention to call a special election to submit thereat, to
the electors residing within said territory, the question of
whether said territory should be annexed to, incorporated 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 said City, to pay its pro rata portion, based
upon assessed valuation, of all of the bonded indebtedness of
said City outstanding or authorized as of the date of the first
publication of the notice of special election, or theretofore
authorized; that in said resolution said City Council designated
said territory as KATHRYN -LINDSAY ANNEXATION as the name and
words of identification by which said territory should be
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referred to, and indicated upon the ballots to be used at the
election at which the question of annexation was to be submitted.
That by said resolution said City Council fixed June 27, 1972,
at 1:30 o'clock P.M., at the Council Chamber of the City Hall
204 E. Lincoln Avenue, Anaheim, California, as the day, hour and
place when and where any person owning real property within
said territory and having any objection to the proposed annexation,
might appear before said City Council and show cause why such
territory should not be so annexed, and gave notice thereby to
all such persons owning such real property of such hearing. Said
resolution described the boundaries of said territory so proposed
to be annexed.
(i) That a copy of said Resolution No. 72R-232 was
published once a week for two successive weeks prior to said
hearing in the Anaheim Bulletin, a newspaper of general circula-
tion, published in said City of Anaheim, there being no newspaper
published within said territory.
(j) That on the 27th day of June, 1972, at said
Council Chamber of said City Hall, 204 East Lincoln Avenue,
Anaheim, California, the City Council of the City of Anaheim did
hold a public hearing or hearings to hear all written protests
theretofore filed objecting to the calling of said special
election for the annexation of said territory hereinafter des-
cribed, to the City of Anaheim.
(k) That at the conclusion of said hearing or hearings,
said City Council found and determined that protests were not
made by owners of one-half (1/2) of the value of the territory
proposed to be annexed, as shown by the last equalized assessment
roll, or otherwise, and did further find that the value of the
territory proposed to be annexed does not equal one-half (1/2),
or more, of that within the City, as shown on the last equalized
assessment rolls, nor does the number of qualified electors of
the territory equal one-half (1/2) or more, of the number of
qualified electors within the City, as shown by the County
registration of voters, and thereupon, to wit, on June 27, 1972,
adopted its Resolution No. 72R-266 calling a special election
to be held on September 5, 1972, and directing the City Clerk
to give notice thereof by publishing notices thereof at least
once a week for four (4) successive weeks prior to the 5th day
of September, in the Placentia Courier, a newspaper of general
circulation, printed and published outside of the City of Anaheim,
but in the County of Orange, in which the territory so proposed
to be annexed to the City of Anaheim is situated, directing
that such notice distinctly state the date of such special
election and the measure of proposition to be submitted at such
special election. That in said resolution said City Council
described the boundaries of said territory, establishing one
voting precinct for such election, which it designated as
KATHRYN -LINDSAY ANNEXATION VOTING PRECINCT, and which precinct
included all of said territory proposed to be annexed. By said
resolution said City Council also established a polling place
within said territory and designated election officials for said
election, which officials were qualified electors residing with-
in said territory. By said resolution, said City Council des-
cribed the ballots to be used in said election.
(1) That on August 10, August 17, August 24 and
August 31, 1972, the City Clerk of the City of Anaheim gave
notice of said election by publishing notices thereof in the
Placentia Courier, a newspaper of general circulation, printed
and published outside of the City of Anaheim, but in the County
of Orange, in which the territory so proposed to be annexed to
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the City of Anaheim is situated. That in said published notices
of election said City Clerk declared that said election would
be held within said territory on September 5, 1972, for the
purpose of submitting to the electors residing therein the
question of whether the territory hereinafter described should
be annexed to, incorporated in and made a part of the City of
Anaheim, and that after such annexation such territory should
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 August 10, 1972, or theretofore authorized. Said
notice contained a description of the boundaries of said terri-
tory and designated the same as KATHRYN -LINDSAY ANNEXATION.
Said notice set forth the question to be placed on the ballots
to be submitted to the electors at said election and gave
instructions on the manner of voting. Said notice described
the voting precinct theretofore established by said City Council
for the purpose of said election, described the polling place
as the Morris premises, 8862 Bircher Street, Orange County,
California, and gave the names of the election officials and the
time of opening and closing of the polls. Said notice set
forth the amounts of all bonded indebtedness of said City of
Anaheim already incurred and outstanding at the first publication
of the notice of election and at the time of the filing of said
petition for the annexation of said territory to the City of
Anaheim, the amounts of such bonded indebtedness theretofore
authorized and to be represented by bonds thereafter to be
issued, and the maximum rate of interest payable on, or to be
payable on, such bonded indebtedness, together with the specifi-
cations of the improvements for which such bonded indebtedness
was incurred or authorized, the description of which is the
same as that set forth in Section 3 hereof.
(m) That said election was duly held on September 5,
1972, within said territory at the polling place heretofore
described, pursuant to said Resolution No. 72R-266 and in
accordance with the provisions of said Annexation Act of 1913,
and all acts amendatory thereof and supplementary thereto, and
the election laws applicable thereto and in accordance with
the notices posted by said City Clerk.
(n) That upon the ballots used and submitted to the
electors at said election, in addition to other matters required
by law to appear thereon, was printed the following:
Shall KATHRYN -LINDSAY ANNEXATION be
annexed to the City of Anaheim,
California, and the property in said
KATHRYN -LINDSAY ANNEXATION be, after
such annexation, 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 August 10,
1972, or theretofore authorized?
YES .
: NO
(o) That immediately on the closing of the polls, the
judges and inspector of said voting precinct counted the ballots,
made up, certified and sealed the ballots and tally sheet of the
ballots cast at said polling place, and delivered said ballots,
tally sheet and returns to and deposited the same with said City
Clerk of the City of Anaheim.
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(p) That said City Council did, at its next regular
meeting held not less than six (6) days nor more than seven (7)
days from and after the date of the election, to wit, on the
12th day of September, 1972, meet and proceed to canvass said
returns, and upon the same day completed such canvass and
immediately thereafter caused a record thereof to be made and
entered upon its minutes. That from its canvass of said returns
said City Council finds that the whole number of votes cast at
said election was 143, including 2 absentee ballots; that the
number of votes cast in said election in favor of annexation of
said territory to said City of Anaheim was 116; that the number
of votes cast in said election against annexation was 27.
SECTION 2. That the City Council of said City of
Anaheim does hereby approve the annexation of said territory to
said City of Anaheim, a municipal corporation; that said terri-
tory is hereby annexed to and incorporated in said City of
Anaheim; that said territory is hereby accepted by said City of
Anaheim as a part of said City of Anaheim. That said territory
heretofore referred to, and which has heretofore been designated
by said City Council as KATHRYN -LINDSAY ANNEXATION is situated
within the County of Orange, State of California, is unincorpor-
ated and is contiguous to said City of Anaheim and the descrip-
tion and specific boundaries thereof are as follows:
That certain parcel of land located in the County of Orange,
State of California, being a portion of Sections 7, 8 and
18 of Township 4 South, Range 10 West, S.B.B. & M., described
as follows:
Beginning at a point in the existing City limit line of the
City of Anaheim, as established by the Broadway -La Palma
Annexation to the City of Anaheim, said point of beginning
being in the northeast corner of Tract No. 2587, as shown on
a map recorded in Book 80, page 41, Miscellaneous Maps,
records of said Orange County; thence following along the
said existing City limit line the following courses and dis-
tances: South 0° 16' 10 East, 1,110.50 feet; North 89°
31' 00" West, 396.00 feet to the beginning of a tangent
curve concave northeasterly and having a radius of 50 feet;
thence Westerly, Northwesterly and Northerly along said
curve through a central angle of 131° 24' 35" an arc distance
of 114.68 feet to the beginning of a reverse curve concave
northwesterly and having a radius of 50 feet, a radial line
bearing South 48° 06' 25" East passes through the point of
beginning of said reverse curve; thence Northeasterly and
Northerly along said reverse curve through a central angle
of 41° 24' 35" an arc distance of 36.14 feet to an inter-
section with a line parallel with and 25 feet westerly of
the centerline of Bircher Street, as said Bircher Street is
indicated in Tract No. 1851, as shown on a map recorded in
Book 56, page 26, Miscellaneous Maps, records of said Orange
County; thence North 0° 16' 10" West, 6.10 feet along said
parallel line to an intersection with the southerly line of
Lot 9 in said Tract No. 1851; thence North 89° 31' 00" West,
214.00 feet along the southerly line of said Lot 9 and the
westerly prolongation thereof to an intersection with a line
parallel with and 40 feet easterly of the centerline of
Brookhurst Street; thence South 00 16' 10" East, 302 feet
along the last mentioned parallel line to an intersection
with a line parallel with and 30 feet northerly of the south
line of the Southwest quarter of Section 8, Township 4 South,
Range 10 West, S.B.B. & M., said point of intersection being
in the said City boundary, as established by the Orange
Avenue Annexation to said City; thence leaving the boundary
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established by said Broadway -La Palma Annexation South 880
58' 00" West, 70.00 feet along said Orange Avenue Annexation
boundary to the northwest corner of said Orange Avenue Annex-
ation, said northwest corner also being a point in the east
line of the Brookhurst-Lincoln Annexation to said City;
thence leaving said Orange Avenue Annexation boundary and
following along a portion of said Brookhurst-Lincoln Annex-
ation, the following courses and distances: North 00 16'
10" West, 10.00 feet to the northeast corner of said Brook-
hurst-Lincoln Annexation boundary; thence South 880 58' 00
West, 300.00 feet, South 00 07' 36" West, 106.00 feet to the
northeast corner of the Lincoln -Monterey Annexation to said
City; thence leaving the said Brookhurst-Lincoln Annexation
boundary and following along a portion of the said Lincoln -
Monterey Annexation boundary the following courses and
distances: South 88° 58' 00" West, 194.00 feet; South 0°
07' 54" East, 278.00 feet; South 88° 58' 00" West, 292.00
feet; North 0° 07' 54" West, 384 feet, more or less, to an
intersection with a line parallel with and 40 feet northerly
of the south line of Section 7, Township 4 South, Range 10
West, S.B.B. & M., said point of intersection being a point
in the existing City limit line of the City of Anaheim, as
established by the aforementioned Broadway -La Palma Annex-
ation; thence leaving the said Lincoln -Monterey City Annex-
ation boundary and following along a portion of said City
boundary, as established per said Broadway -La Palma Annexa-
tion, the following courses and distances: North 88° 58' 00"
East, 156.00 feet; North 0° 16' 20" West, 1,408.58 feet;
North 89° 36' 20" East, 330.00 feet; South 0° 16' 20" East,
100.00 feet; North 89° 36' 20 East, 300.33 feet; South
00 16' 10" East, 28.00 feet, more or less; South 89° 39' 04"
East, 705.00 feet to the point of beginning.
SECTION 3. That all of the bonded indebtedness of
said City of Anaheim outstanding on August 10, 1972, or there-
tofore authorized, is as follows:
1. 1951 Sewer Bonds, Series 20
Amount outstanding: $200,00.0..00
Maximum rate of interest: 1-3/4%
The improvement for which such bonds were issued and
such indebtedness incurred was to do construction and
improvement work on domestic sewer system of the City
of Anaheim and construction and improvement work on the
Joint Outfall Sewer System of Orange County.
2. 1952 Waterworks Extension, Series 21
Amount outstanding: $25,000.00
.. Maximum rate of interest: 2-1/4%
The improvement for which such bonds were issued and
such indebtedness incurred was to extend and improve
the water works system of the City, said facilities
to include storage facilities, wells, pumps, works,
structures and water mains (including replacement of
present existing mains) and the acquisition of lands,
rights-of-way, pipe, equipment, material, apparatus
and property necessary for said improvement.
3. 1952 Electric Works Extension, Series 22
Amount outstanding: $25,000.00.
Maximum rate of interest: 2-1/4%
The improvement for which such bonds were issued and
such indebtedness incurred was to extend and improve
the electric distribution system of the City, such
facilities to include the acquisition and construction
(including the reconstruction of electric lines) of
transformer stations and distribution substations,
including the acquisition of lands, right-of-way,
material, equipment, apparatus and property necessary
for said improvements.
4. 1954 Municipal Improvement Bonds, Series 23
Amount outstanding: $525,000.00
Maximum rate of interest: 2-1/4%
The improvement for which said bonds were issued and
such indebtedness incurred was for the purpose of the
acquisition and construction of certain municipal
improvements.
5. 1960 Municipal Improvement Bonds "A", Series 24
Amount outstanding: $2,640,000.00
Maximum rate of interest: 3.6%
The improvement for which said bonds were issued and
such indebtedness incurred was for the purpose of the
acquisition and construction of certain municipal
improvements.
6. 1960 Park Site Acquisition and Improvement Bonds, Series
Amount outstanding: $630,000.00
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Maximum rate of interest: 3.6%
The improvement for which said bonds were authorized
was for the purpose of the acquisition and clearing of
real property for park sites and the acquisition and
construction of park improvements.
7. 1960 Municipal Improvement Bonds "B", Series 25
Amount outstanding: $810,000.00
Maximum rate of interest: 3.6%
The improvement for which said bonds were issued and
such indebtedness incurred was for the purpose of the
acquisition and construction of certain municipal
improvements.
8. 1960 Municipal Improvement Bonds "C", Series 27
Amount outstanding: $1,115,00.0.00
Maximum rate of interest: 3.3%
The improvement for which said bonds were issued and
such indebtedness incurred was for the purpose of the
acquisition and construction of certain municipal
improvements.
9. 1963 Municipal Improvement Bonds "A", Series 28
Amount outstanding: $3,960,000.00.
Maximum rate of interest: 3.20%
The improvement for which said bonds were issued and
such indebtedness incurred was for the purpose of the
acquisition and construction of certain municipal
improvements.
10. 1963 Municipal Improvement Bonds "B", Series 29
Amount outstanding: $1,725,000.00
Maximum rate of interest: 3.9%
The improvement for which said bonds were issued and
such indebtedness incurred was for the purpose of the
acquisition and construction of certain municipal
improvements.
That the amount of bonded
and the description thereof is the
said notice of election and is the
said territory shall be subject to
within said City of Anaheim, to
upon assessed valuation.
pay
indebtedness above described
same as that described in
bonded indebtedness for which
taxation equally with property
its pro rata portion, based
SECTION 4. The City Clerk of the City of Anaheim shall
certify to the passage of this ordinance and cause the same to
be published in the Anaheim Bulletin, a newspaper of general
circulation, printed, published and circulated in the City of
Anaheim, and thirty (30) days from and after its final passage,
it shall take effect and be in full force.
SECTION 5. That immediately upon this ordinance becom-
ing effective, the City Clerk of the City of Anaheim shall make,
under the seal of said City, and transmit to the Secretary of
State, a certified copy of this ordinance, giving the date of
its passage.
THE FOREGOING ORDINANCE is approved and signed by me
this 19th day of September, 1972.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
STATE. OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
r
OR OF THE CIT OF ASAHEM
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F r,n Bulletin
-, September 2.
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I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Ordinance No. 3083 was
introduced at a regular meeting of the City Council of the City
of Anaheim, held on the 12th day of September , 19 72 ,
and that the same was passed and adopted at a regular meetings
said City Council held on the 19th day of September ,
19 72 , by the following vote of the members thereof:
AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Stephenson
AND I FURTHER CERTIFY
Anaheim approved and signed said
September , 19 72 .
IN WITNESS
affixed the official
day of September
(SEAL)
WHEREOF, I
seal of the
19 72
ms -9-
that the Mayor of the City of
Ordinance on the 19th day of
have hereunto set my hand and
City of Anaheim this 19th
L
CIYY- CLERK OF THE CITY OF ANAHEIM