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56R-3330 --.. ',"'-'" RESOLUTION NO. 3330 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT TO THE AGREEMENT OF SALE AND PURCHASE MADE AND ENTERED INTO ON TB 28 th DAY OF FEBRUARY. 1951, BY AND BETWEEN THE MEMBERS OF THE ORANGE COUNTY JOINT OUTFALL SEWER AND COUNTY SANITATION DISTRICTS 1, 2, 3, 5, 6, 7. and 11. WHEREAS, on the 28th day of February, 1951, the Cities and Sanitary Distriots of the Orange County Joint Outfall Sewer made and entered into an agreement with County Sanitation Districts 1, 2, 3, 5, 6, 7, and 11 for the sale to said County Sanitation Districts of Seotion I of the Orange County Joint Outfall Sewer, together with treatment plant and faoilities, land, rights of way and personal property, more particularly desoribed in said agreement; and WHEREAS, said County Sanitation Districts have requested an amendment of Sections XIV and XV of said agree- ment in the manner and form as set forth in the proposed agreement dated Kay 9, 1956, hereto attached and made a part hereof; and WHEREAS, the Exeoutive Committee of the Orange County Joint Outfall Sewer has oonsidered said proposed amendments and has reoommended their approval to the Cities and Sanitary Districts. ) NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Anaheim that Seotions XIV and XV of said sale and purchase agreement, dated February 28, 1951, be and the same are hereby amended to read as set forth in the proposed agreement of May 9, 1956, hereto attached and made a part hereof and that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby, authorized to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 12th day of June, 1956. ~~ .//~ KA~~ ~ F ANAHEIM ro .. ATTE ST : ~j)~ ~~A1tIHEIM ~ . STATE OF CALIFORNIA ) COUNTY OF ORAI<<3E ) ss. CITY OF ANAHEIM ) -""1._ I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim held on the 12th day of June, 1956, by the fOllowing vote: AYES: COUNCILMEN: Coons, Fry, Schutte and,Wisser. NOES: COUNCILMEN:. None. ABSENT: CoutCI LMEN : Pea rson. AND I FURTHER CERTIFY that the Mayor Pro Tern of the City of Anaheim approved and signed said resolution on the 12th day of June, 1956. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of JUne, 1956. (SEAL) /( ) - ~ .l-:.L.-x..-e :77, b/ f//~~ CITY CLERK OF THE CITY OF ANAHEIM ~ ,A ~~ AMEND~lliNT OF MAY 9, 1956, TO AGREEMENT OF SALE AND PURCHASE DATED FEBRUARY 28, 1951. In accordance with the J..>l"ovisions of Section 25 of that certain "Agreement of Sale and Purchase" between the City of Santa Ana, et aI, Sellers, and County Sanit,ation District No.1 of Orange County, at aI, Buyers, dated February 28, 1951, all of the parties to said Agreement do hereby consent to alter and amend said Agreement (as amended prior to the date of May 9, 1956) as follows: 1. By amending Section J.4 and Section 15 of said Agreement as amended to read as follows: SECTION 14. Rights of Ownership. Each of said County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7 and 11, at the time provided in Paragraph 15 hJ~eof, shall acquire and o,vn an undivided interest in the portion or portions of Section One to be acquired by it and the percentages hereinafter set forth shall be the several percenta~es of olNnership of each of said districts in Item 1, Item 2 and Item 3 of said Section One as hereinabove described. Said percentages of ownership in the respective properties described as Items 1, 2 and 3 as follows: ITEM 1 --.F County Sanitation District No. 1 10.83% County Sanitation District No. 2 30.99% County Sanitation District No. 3 26.55% County Sanitation District No. 5 7.8$% County Sanitation District No. 6 $ .14% County Sanitation District No. 7 10.39% County Sar:itation District No. 11 5.22% ~ -1- "" ITEM 2 """~ County Sanitation District No. 1 County Sanitation District No. 2 County Semi tation District No. 3 County Sanitation District No. 5 County Sanitation District N). 6 County Sanitation District No. 7 County Sanitation District No. 11 ITEM 3 County Sanitation District No. 1 County Sanitati.on jJj.strict No, 2 County Sanitation District r 3 .~o , County Sa.nitation D~,strict No. 5 County Sanitation Dis tri,;t No. 6 County Sanitation D::'strict No. 7 County Sanitltion District No. 11 - 33.40% 18.25% 16.30% 32.05% 11 ^ 14% 30.72% 27.81% 8.07% 7.61% 9.31% 5.34% Nothing contained herein shall prevent anyone or all of the County Sanitation Districts frem chan~::'ng ~UOL~ ~hems0lves their respecti 'Je ri.;hts of )wnershi~ in the prop'31'ty ;1e"ejn:lb,we des- c:ibed; provided, however, that nothing shall change or affect thE> aWlUnts of mOlley tLe respective Districts have agreed to pay to the Sellers in accordance ~i~h t~e terms of ~his agreement. SECTION 15. Delivery of Possession and Title. That the title, ~ossession and exclusive control of said o8ction One shall be retdined by said Sellers and shall not pass to Buyers until: (1) Buyers have sold their bonds; and (2) County Sanitation Districts Nos. 1, 5, 6 and 11 have paid to Sellers the purchase price herein required to be paid to Sellers from the proceeds of bonds of said Districts. At the time of such conveyance to County Sanitation Districts, Slid Sellers shall deliver possession of said Section One and the personal property therewith to said Buyers who shall thereafter have possession, control and operation thereof. Said Buyers promise dnd agree that from the date they take possession of said facilities, they shall pl'ovirlp adequ,qt.e f'1.ci lities for the --- ,.- -2- -- tr',Btr;;':cnt and disposal into the ocean of all sewa.::;e arising \Vi thi;, the houndaries of edch Jf saiu Sellers, and that said Buyers ;:;hall., in accordance with all the requirements of the Health 0epartment of the St~te of California, treat, hdnJle and dis00se of such sewa r,e throu'~h the facilities purchased from the Sellers and addi- tional facilities to be constructed by Buyers. That Sellers shal: deliver title at the time Buyers become entitled to possession. That any income to County Sanitation Districts Nos. 2, 3 or 7 from the lease 0 . any part or portion ,)1' th", real property described in ..3ection 14 hereinabove for the production of oil, gas or other hydrocarbons shall be accwnulated by e:1~i1 said District and applied on the purchase price to be ?aid by each said County Sanitation District herein set fort~ in Section a ~0d paid to the Sellers at the time of annual payments by said listricts as set forth in Section 13 hereinabove. IN 'TI'NESS ;;THEREOF', each of the partie8 hureto 11:1<: caused :3 contr:lct to be executed by its duly \uthoY'iz,~J officers tfK dayind yectr fir'st above written. '~ );" "L ..L -~ 3L.tL ':::1 TY C F .:)l;J;-;l "II' ,; By By Mayor and President of the City Council ~erk of the CouncilL CITY OF itNAHEIM By By Mayor City Clerk----- CITY OF FULLERTON By By Ma yo r City ClerK' ----- -3- L "~ JEriL 3EAL SEAL SEAL .3EAL -...-... '.lEAL - '::ITY OF OR ,N:.IE By Mayor By City Clerk BUEN" PARK SANITARY DISTHICT By Mayor of the City of Buena Park, acting ex-officio as President of the Buena Park Sanitary District By Ci ty Clerk of the OJ. ty of Buena Pa~- acting ex-officio as Secretary of Buena P~rk Sanitary District GARDEN GROVE SANITARY DISTRICT By President By Secretary L.i. HABRA SANIT ARY DISTRICT By President----. By Secretary PU.CENTIfl SANIT.u1.Y DISTRICT By President By Secreta.ry SELLERS. By COUNTY SANIV,TION DISTRICT ~;O. 1 OF C%,NGE COUNTY /s/ Courtney R. Chandler ChaJ.rman By /s/ Ora Mae Merritt Secretary -Lf- .".,.,-----_.,,"'~ SEAL SEAL SEAL SEAL By SEAL By By SEAL By COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY /5/ L. N. Wisser Ghal.rman By /s/ Ora Mae Merritt Secretary By COUNTY SANITATION DISTRICT NO. 3 OF ORANGE COUNTY /s/ Charles E. Stevens Chairman By /s/ Ora Mae Merritt Secretary.. By COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY /s/ James B. Stoddard Chairman By /s/ Ora Mae Merritt Secretary By COUNTY SANITATION DISTRICT NO. 6 OF ORANGE COUNTY /s/ A. H. Meyers Chairman . By /s/ Ora Mae Merritt Secretary - COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY /s/ Jerome Kidd Chairman Isl Ora Mae Merritt Secretar;' COUNTY SANITATION DISTRICT NO. 11 OF OR.,NGE COUNTY 1st Ted W. Bartlett Chairman ,,-.. -...~..:: By /s/ Ora Mae Merr..1-tt Secretary BUYERS. -5-