1960-6409RESOLUTION NO.
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6409
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM CALLING A SPECIAL ELECTION ON THE
3rd DAY OF JANUARY 196t IN
A 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 SUCH ELECTION AND SUBMITTING
TO THE 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 TERRI-
TORY BE, AFTER SUCH ANNEXATION, SUBJECT TO TAX-
ATION EQUALLY WITH PROPERTY WITHIN THE CITY OF
ANAHEIM TO PAY ITS PRO RATA PORTION, BASED UPON
ASSESSED VALUATION, OF ALL THE BONDED INDEBTED-
NESS OF SAID CITY OF ANAHEIM OUTSTANDING OR
AUTHORIZED AS OF THE DATE OF THE FIRST PUBLI-
CATION OF THE NOTICE OF SPECIAL ELECTION, OR
THERETOFORE AUTHORIZED; DESCRIBING SAID TERRI-
TORY AND DESIGNATING IT BY THE NAME OF
NORTHEAST ANNEXATION NO. 3
ESTABLISHING AN ELECTION PRECINCT AND POLLING
PLACE IN SAID TERRITORY; APPOINTING THE OFFICERS
OF ELECTION FOR SAID SPECIAL ELECTION, AND PRO-
VIDING FOR THE PUBLICATION OF NOTICE OF SUCH
ELECTION.
WHEREAS, the City Council of the City of Anaheim did on
the 93 day of Augiisr 19 60 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 corporation,
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 30th day of August 1960 the
City Council of the City of Anaheim did adopt its Resolution No.
6256 declaring its intention to call a special election to be hel
not sooner than fifty -four (54) days nor later than seventy -five (75)
days after the termination of the hearing of protests, and of its
intention to submit the question of annexation to the electors residinc_
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
Northeast Annexation No. 3 by which it should be
referred to upon ballots used at the election, and did contain a
notice of the day, hour and place where any person owning real property
within said territory could appear before the legislative body of the
City of Anaheim and show cause why such territory should not be
annexed to the City, not less than fifteen (15) days nor more than
forty (40) days after the passage of said resolution, to wit, on the
4th day of October 19 60 and the City Council did
find and determine 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, required to
be complied with before the adoption of said resolution had been com-
plied with prior to the adoption 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 newspaper of general circulation published in the territory proposed
to be annexed, and directed the City Clerk to cause written notice of
such proposed annexation to be mailed to each owner of an equitable 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 such 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
WHEREAS, said City Council did, pursuant to its Resolution
No. 6256 hold a public meeting and hearing on the 4th day of
October 19 60 at the hour of 7:00 o'clock P.M
in the City Council Chambers in the City Hall, in 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 protests and objections to said election and
annexation of said territory to the City of Anaheim, in the Anaheim
R»iletin a newspaper of general circulation, published
and circulated in the City of Anaheim, County of Orange, State of
California; and
WHEREAS, at public hearings held on the 4th and 11th days of
October and the 1st day of November, 1960 the City Council of
the City of Anaheim did hold hearings to hear all written protests
theretofore 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 one -half (1) of the value of the
territory proposed to be annexed, as shown by the last equalized
assessment roll, or otherwise; and
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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 give notice thereof as required by law, and submit 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 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 assessed valuation of all bonded
indebtedness of the City of Anaheim outstanding or authorized as of
the date of the first publication of the notice of said special election;
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 Tuesday the 3rd day of January 19 61 i
in said new territory mentioned in the petition aforesaid and herein
after more particularly described, 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
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 8th day
of December 1960 or theretofore authorized.
The new territory 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 which are described as follows:
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NORTHEAST ANNEXATION NO. 3
A parcel of land located in the County of Orange, State of California,
more particularly described as follows:
Beginning at an angle point in the existing City limits line of the
City of Anaheim, as established by the Northeast Annexation No. 2 -A, of the
City of Anaheim, passed by Ordinance No. 1269, on August 12, 1958, and filed
with the Secretary of State on September 12, 1958, said angle point being the
point of intersection of the westerly right of way line of Jefferson Street
with the easterly right of way line of the Atchison, Topeka and Santa Fe
Railway; thence,
1. Northerly along the westerly right of way line of said Jefferson Street,
to the point of intersection with the westerly prolongation of the south line of
the north half of the north half of Lots 41 and 40 of Hazard's Subdivision as
shown on a map filed in Book 1, Page 26, of Records of Survey in the Office
of the County Recorder of said Orange County; thence,
2. Easterly along said westerly prolongation and the last mentioned
south line, to the point of intersection with the westerly right of way line of
Van Buren Street; thence,
3. Southerly along the last xrenfioned westerly right of way line to the
point of intersection with the westerly prolongation of the north line of
Lot 46 of said Hazard's Subdivision; thence,
4. Easterly along said westerly prolongation and said north line to the
west line of Lot 10, of Block 36, of the Yorba Linda Tract; as shown on a
map filed in Book 5, Pages 17 and 18 of Miscellaneous Maps, in the Office
of the County Recorder, of said Orange County; thence,
5. Southerly along the last mentioned west line to the intersection of
the north line of the southerly 61.34 feet of Lot 10, Block 36, of said Yorba
Linda Tract; thence,
6. Easterly along the last mentioned north line to the westerly right of
way line of Richfield Road; thence,
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7 -27 -60
7. Southerly along the last mentioned westerly right of way line to the
point of intersection with the westerly prolongation of the north line of
Lot 12, of the last mentioned Block and Tract; thence,
8. Easterly along the last mentioned prolongation and north line to the
westerly right of way line of Fee Ana Street; thence,
9. Northerly along the last mentioned westerly right of way line to the
point of intersection with the westerly prolongation of the north line of Lot 9
of the last mentioned Block and Tract; thence,
10. Easterly along the last mentioned prolongation and north line to the
westerly right of way line of Taylor Street; thence,
11. Southerly along the last mentioned westerly right of way line to the
intersection of the westerly prolongation of the northerly line of that parcel
of land conveyed to George Albertus Collman and Mary F. Collrnan, husband
and wife by Deed No. 26662, recorded May 22, 1951, and filed in Book 2191,
Page 307, Records of Orange County, California; thence,
12. Easterly along the westerly prolongation and northerly line of the
land conveyed to said George Albertus Collman and wife to the intersection
of the west line of that parcel of land conveyed to F. E. Campbell and
Gladys Campbell, husband and wife, by deed recorded June 27, 1957,
filed in Book 3955, Page 279, Records of Orange County, California; thence,
13. Northerly along the last mentioned west line and its northerly
prolongation, to the point of intersection with the southerly line of that
parcel of land conveyed to Adolf Schoepe and Martha Virginia Schoepe,
husband and wife, by Deed recorded May 4, 1960, in Book 5225, Page 495,
Records of Orange County, California; thence,
14. Westerly along the last mentioned southerly line to the
southwest corner of said parcel of land conveyed to said Adolf Schoepe
and Martha Virginia Schoepe, husband and wife; thence,
15. Northerly along the westerly line of the above mentioned parcel of
land to its northwest corner; thence,
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16. Northeasterly along the northerly line of the above mentioned
parcel of land 626.8 feet, and along the north line of that parcel of land
conveyed to Adolf Schoepe and Virginia Schoepe, husband and wife, being
Parcel No. 1 and Parcel No. 2 described in deed recorded January 6, 1959
in Book 4537, Page 206 records of Orange County, California, a distance
of 955.2 feet, more or less, to the northeast corner of said Parcel No. 2;
t'hence,
17. Southeasterly, southwesterly and southeasterly along the easterly
line of the above mentioned property to the southerly line of the above
mentioned Parcel 2; thence,
18. Southerly in a direct line to the northeast corner of that parcel of
land conveyed to F. E. Campbell and Gladys Campbell, husband and wife,
by Deed recorded June 27, 1957, in Book 3955, Page 279 of Official
Records of Orange County, California; thence,
19. Southerly and westerly along the easterly and southerly line of the
last mentioned parcel of land to the southeast corner of that parcel of
land conveyed to George Albertus Collman and Mary F. Collman, husband
and wife, by Deed re corded May 22, 1951, in Book 2191, Page 307, Official
Records of Orange County, California; thence,
20. Westerly along the southerly line of the last mentioned parcel of
land and its westerly prolongation to the westerly line of Taylor Street;
thence,
21. Northerly along the last mentioned westerly line of Taylor Street,
to the south line of the northerly 143.52 feet of Lot 14, Block 36, of the
Yorba Linda Tract as shown on a map filed in Book 5, Pages 17 and 18,
of Miscellaneous Maps, records of Orange County, California; thence,
22. Westerly along the last mentioned south line of the northerly 143.52
feet of Lot 14 and 13, Block 36, of said Yorba Linda Tract to the easterly
right of way line of Fee Ana Street; thence
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7- 27-60
23. Southerly along the easterly right of way line and its southerly
prolongation of said Fee Ana Street, to its intersection with the
Rancho Santiago de Santa Ana Rancho line; thence,
24. Southerly and in a general southwesterly direction along the
Rancho Santiago de Santa Ana Rancho line to its intersection of the
southwesterly right of way line of California State Highway Route ORA VII
Route 175 -B; thence,
25. Southeasterly along the southwesterly right of way line of said
State Highway Route to the intersection of a line parallel with and 147.72
feet westerly of the east line of Lot 20 of the J. D. Taylor Tract as shown
on a map filed in Book5,Page 16 of Miscellaneous Maps, Records of
Orange County, California; thence,
26. Southerly along the last mentioned parallel line and its southerly
prolongation to the intersection of the northerly right of way line of the
Santa Ana Valley Irrigation Company Canal, as shown on a map of Record
of Survey filed in Book 4, Page 45, of Records of Survey in the Office of
the County Recorder, of said Orange County, California; thence,
27. Southwesterly along the north line of said Santa Ana Valley
Irrigation Company Canal to its intersection with the existing City of
Anaheim City limit line as established by said Northeast Annexation No. 2 -A
to the City of Anaheim; thence,
Following the existing Anaheim City limit line as established by said
Northeast Annexation No. 2 -A northwesterly, northeasterly, northwesterly,
westerly, northerly, northwesterly, northerly, easterly, northerly, easterly,
and northerly, to the point of beginning.
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 continously 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 5734 of the Elections Code of the State of California.
AND BE IT FURTHER RESOLVED that at said special election 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 subject to taxation equally with
the property within the City of Anaheim, to pay its pro rata portion,
based upon assessed valuation, of all of the bonded indebtedness of said
City of Anaheim outstanding on the 8th day of December 19 60
or theretofore 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
"NORTHEAST ANNEXATION NO. 3" XXXXXXXECEN and said
territory shall be indicated and referred to by the name of
NORTHEAST ANNEXATION NO. 1
upon the ballots to be used at said special election, at which the
question of such annexation of said territory to the City of Anaheim is
submitted to the electors of said territory, and the name
"NORTHEAST ANNF.XATTON NO. 1 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 construed to mean the territory hereinbefore and
in said petition described, and so proposed by said petition to be annexe
to said City of Anaheim.
That on the ballots to be used at said special election in
addition to any other Natters required by law, there shall be printed
substantially the following:
MARK CROSS ON BALLOT ONLY WITH RUBBER STAMP:
NEVER WITH PEN OR PENCIL°
(ABSENTEE BALLOTS MAY 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 are forbidden. All dis-
tinguishing 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 obtain another.
On absent voter's ballots mark a cross with pen or
pencil.
MEASURE SUBMITTED TO VOTE OF VOTERS
Shall NORTHEAST ANNEXATTON NO. 3
be annexed to the City of Anaheim, California,
and the property in said NORTHEAST ANNEXATION
1 be, after Y E S
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 Dpnemher 8 N 0
19 60 or theretofore authorized?
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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 placed in the
voting square after the word "NO" 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 outstanding on December 8,
1960 or theretofore authorized, 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 in the voting square after
the word "NO" on such ballots. If an elector shall stamp a cross
in the voting square after the printed word "YES 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 territory 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 December 8
1960 or theretofore authorized; and if an elector shall stamp a cross
in the voting square after the printed word "NO the vote of such
elector shall be counted against such annexation.
AND BE IT FURTHER RESOLVED that for the purpose of holding
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.
NORTHEAST ANNEXATION NO. 3 voting precinct
shall consist of all of said above described territory proposed to be
annexed to the City of Anaheim for the purpose of holding said election.
Polling Place: Victor H. Peltzer Residence, 7002 Richfield Road
Anaheim, Orange County, California.
Inspector: Irma E. Peltzer
Judge: Mathilda Harms
Judge: Jean Pierotti
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 she 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 3rd day of
January ,19 61 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.
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Such notice shall distinctly state the date of such special election,
the measure or proposition to be submitted at such special election,
to wit: That 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 tax-
ation 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 8th day
of December 1960 or theretofore authorized. Such
notice shall distinctly designate said territory proposed to be
annexed to said City of Anaheim as NORTHEAST ANNEXATION NO. 3"
as the name by which such territory 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 indebtedness said notice shall:
Such notice shall designate the election precinct, the place at which
the polls will be open, and the hours at which such polls will be
open for such election in said new territory as established 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 herein
above 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 not less than six (6) days nor more than
seven (7) days from and after the date of the election, the City Council
shall canvass 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 thereafter the City Council shall take and
conduct such further proceedings as are provided for in the Annexation
Act of 1913 and acts amendatory thereof and supplementary thereto,
hereinabove referred to.
THE FOREGOING RESOLUTION is approved and signed by me this
1st day of November 19.60
ST:
1. State distinctly the proposition to be submitted.
2. 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 publication
of the notice.
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.
C±'TY CLERK OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 6409 was introduced
and adopted at a regular meeting provided by law, of the City Council
of the City of Anaheim, held on the 1st day of November, 1960, by the
following vote of the members thereof:
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 6409 on the 1st day of November,
1960.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 1st day of November, 1960.
(SEAL)
AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
CI CLERK OF THE CITY OF ANAHEIM