1961-6688RESOLUTION NO. 6688
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM CALLING A SPECIAL ELECTION ON THE
2nd DAY OF MAY 19 b1 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
BROADWAY GILBERT ANNEXATION
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 loth day of January 19 61 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 10th day of January 1961 the
City Council of the City of Anaheim did adopt its Resolution No.
6597 declaring its intention to call a special election to be held
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
BROADWAY GILBERT ANNEXATION 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
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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
14th day of February 1961 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. 6597 hold a public meeting and hearing on the 14th day of
February 19 61 at the hour of 7:00 o'clock P.M,
in the City C ouncil 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
Bulletin 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 14th and 28th days
of February, 1961 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 (h) 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 2nd day of May ,19 61,
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 6th day
of April 19 61 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:
BROADWAY- GILBERT ANNEXATION
A parcel of land located in the County of Orange, State of
California, being a portion of Section 18, Township 4 South, Range 10
West, San Bernardino Base and Meridian, the boundaries of which are
more particularly described as follows:
1. Beginning at a point in the existing City of Anaheim City
limits line as described in the Gilbert Street Annexation to the
City of Anaheim, annexed by Ordinance No. 868, adopted November 24,
1953, and filed with the Secretary of State, January 11, 1954, said
point being the intersection of said City limit line and the
Westerly prolongation of the southerly line of Lot 11 of Tract No.
2001, as shown on a map thereof recorded in Book 82, Page 3 and 4
of Miscellaneous Maps, Records of Orange County; thence,
2. Easterly along said westerly prolongation and the southerly
line of Lots 11 to 1 of Tract No. 2001, to the southeast corner of
Lot 1 of said Tract No. 2001; thence,
3. Southerly along the southerly prolongation of the east line
of said Lot 1 of Tract No. 2001 to the intersection with a line
parallel with and distant 20.00 feet north of the south line of the north
half of the northeast quarter of said Section 18; thence,
4. Easterly along the last mentioned parallel line to the
intersection with the northerly prolongation of the easterly line of
Tract No. 3055, as shown on a map thereof recorded in Book 92, Page
17 and 18 of Miscellaneous Maps, Records of Orange County; thence,
5. Southerly along said northerly prolongation and the easterly
line of Tract No. 3055 to the southeast corner of Tract No. 3055;
thence,
6. Westerly along the southerly line of Tract No. 3055 to the
point of intersection with the easterly line of the west half of the
southwest quarter of the northeast quarter of said Section 18; thence,
7. Northerly along the easterly line of the west half of the
southwest quarter of the northeast quarter of said Section 18 to the
intersection with the north line of the south 970 feet of the west
half of the southwest quarter of the northeast quarter of said
Section 18; thence,
8. Westerly along the northerly line of the said south 970
feet and its westerly prolongation to the point of intersection
with the existing City of Anaheim City limit line as described in
the Gilbert Street Annexation to the City of Anaheim as annexed by
Ordinance No. 868, adopted November 24, 1953, and filed with the
Secretary of State, January 11, 1954; thence,
9. Northerly along said City limit line 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 6th day of April 19 61
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
"BROADWAY GILBERT ANNEXATION" and said
territory shall be indicated and referred to by the name of
BROADWAY GILBERT ANNEXATION
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
BROADWAY- GILBERT ANNEXATION" 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 shal l 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 matters 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 RROADWAY-(TT,RERT ANNEXATION
be annexed to the City of Anaheim, California,
and the property in said
BROADWAY- GILBERT ANNEXATION 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 April 6 N 0
19 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 April 6
19 61 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 April 6
19 61, 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.
BROADWAY GILBERT ANNEXATION 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:
Inspector:
Judge:
Judge:
Byron E. Allumbaugh residence, 9592 West Broad-
way, Anaheim, Orange County, California
Ruthe G. Allumbaugh
Dolores G. Bracken
Florence M. Reaney
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 2nd day of
May ,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.
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 6th day
of April 19 61 or theretofore authorized. Such
notice shall distinctly designate said territory proposed to be
annexed to said City of Anaheim as BROADWAY- GILBERT ANNEXATION
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:
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.
5. State the maximum rate of interest payable or to
be payable on the indebtedness.
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
28th day of February 19 61
AT S
C CLERK OF THE CITY OF ANAHEIM
4. State the amount authorized to be represented by
bonds to be issued.
pt
R 9
THE CITY OF ANAHEIM.
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 was intro-
duced and adopted at a regular meeting provided by law
of the City Council of the City of Anaheim, held on the 28th day
of February 19 61 by the following vote of the
members thereof:
(SEAL)
AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and
Schutte.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 28th day of
February 19 61
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 28�h day of
February 19.61
CITY CLERK OF THE CITY OF ANAHEIM