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1955-2996and RESOLUTION NO. 2996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SALE OF CERTAIN CONTINGENT CAPACITY RIGHTS IN THE MAGNOLIA TRUNK SEWER TO THE CITY OF BUENA PARK, FIXING THE PRICE AND CONDITIONS OF SALE, AND AUTHORIZING THE CITY OF ANAHEIM, AS CONTRACTING AGENT FOR THE CITIES AND SANITARY DISTRICTS HEREINAFTER NAMED, TO EXECUTE A CONTRACT FOR AND ON BEHALF OF SAID CITIES AND SANITARY DISTRICTS FOR THE SALE OF CONTINGENT CAPACITY RIGHTS. WHEREAS, the cities of Anaheim, Fullerton, Orange and Buena Park, and the Garden Grove, La Habra, and Placentia Sanitary Districts, hereinafter referred to as Sellers, and each of them, are owners of certain undivided fractional interest in certain portions or sections of the Magnolia Trunk Sewer generally described and commonly known as Section A, Section B, Section C, Section D, Section E and Section E', all of which said property is located in the County of Orange., State of California, and more particularly described as follows: Section A; The 78" sewer main on Bushard Street from the pumping plant at Ellis Avenue to and including the manhole at Talbert Avenue. Section B: The 48" sewer main on Bushard Street from the manhole at Talbert Avenue to and including the manhole at Slater Avenue. Section C: The 48" sewer main on Bushard Street from the manhole at Slater Avenue to Smeltzer Avenue, thence on Smeltzer Avenue to Cannery Street, thence on Cannery Street to and including the manhole on Boise Avenue. Section Di The 48" sewer main on Cannery Street from Bd1sa Avenue to Westminster A venue. Section E The 42" sewer main on Cannery Street from Westminster Avenue to Garden Grove Boulevard, along Garden Grove Boulevard from Cannery Street to Magnolia Avenue; thence on Magnolia Avenue from Garden Grove Boulevard to 1310 feet north of Lampson Avenue. Section E': The 39" sewer main on Magnolia Avenue from 1310 feet north of Lampson Avenue to Katella Avenue. WHEREAS, said Sellers at the present time are jointly 1 operating said Magnolia Trunk Sewer for the purpose of collecting and disposing of sewage arising in their respective areas, and WHEREAS, the City of Buena Park hereinafter referred to as Buyer, desires to purchase, and the Sellers are willing to sell to the City of Buena Park, all of the contingent capacity and capac- ity rights in those portions of the Magnolia Trunk Sewer allotted to the territory in contingent area No. 3 as shown upon the contingent area map in the amounts herinafter set forth in Exhibit A hereto at- tached, so as to enable the Buyer to discharge into said portion of Magnolia Trunk Sewer, sewage collected within the boundaries of the territory included within contingent area No. 3 on a first come first serve basis at the price and at the time and upon the terms herein stated, and the Buyer is willing to purchase said capacity and capac- ity rights in the above described portions of the Magnolia Trunk Sewer at the price and upon said terms and conditions, and ANAHEIM ANAHEIM WHEREAS, the CITY COUNCIL of the CITY OF does hereby find and determine that the abovermentioned amounts of contingent capacity and capacity rights in the above mentioned sections of said Magnolia Trunk Sewer for said contingent area No. 3 are not now needed by Sellers for joint'' use or within any reasonable time for any foreseeable or anticipated use and that it would be to the advantage of the Sellers to sell the capacity rights in said sections of said Magnolia Trunk Sewer to said City of Buena Park as hereinafter more particularly set forth and thus obtain a partial reimbursement of the cost thereof, and WHEREAS, the CITY COUNCIL of the CITY OF does further find and determine that the sale of the contingentcapacity allotted to contingent area No. 3 should be sold 2 to the City of Buena Park upon the conditions that is shall be used in said contingent area No. 3 on a first come first serve basis and that capac- ity will be made available to the settlement site of Cypress, Calif- ornia, within a reasonable time, not exceeding two (2) yearsafter notice of its availability, in such amount as shall be reasonably neces- sary to serve the settled area of said settlement site of Cypress, and that such capacity shall be made available to the settlement site of Cypress upon the same terms and conditions as it is here made avail- able to the City Buena Park without the necessity of annexation to the City of Buena Park. NOW, THEREFORE, BE IT FURTHER RESOLVED by the CITY COUNCIL of the CITY OF ANAHEIM 3 that the sale of contingent capacity and capacity rights in Section A, Section B, Section C, Section b, Section E" and Section E' of the Magnolia Trunk Sewer allotted to contingent area No. 3 same in the amounts and for the price as shown on Exhibit A hereto attached and made a part hereof, to the City of Buena Park, County of Orange, State of California, be and the same is hereby approved and authorized for the price and upon the terms and conditions as set forth herein and inthe agreement hereto attached and made a part hereof. AND BE IT FURTHER RESOLVED that the City of Anaheim, as contracting agent for the Cities and Sanitary Districts hereinabove mentioned, be and it is hereby authorized to make and enter into an agreement in the form hereto attached, with the City of Buena Park of Orange County, California, for the sale of the contingent capacity and capacity rights in said Section A, B, C, D, E and E' allotted to contingent area No. 3 for the price and uponthe terms and conditions as set forth in said agreement hereto attached and made a part hereof. THE FOREGOING RESOLUTION is signed and approved by me. this 8th day of November 1955. ATTEST CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM rr ANAHEIM OF THE CPY OF I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was adopted upon a final reading at a regular meeting of the City Council of the City of Anaheim, held on the 8th day of November, 1955, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim ap— proved and signed said Resolution on the 8th day of November, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of November, 1955. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM AGREEMENT OF SALE AND PURCHASE THIS AGREEMENT made and entered into by and between the City of Anaheim as contracting agent for the Cities of Anaheim, Fullerton, Park and _Orange and theGarden Grove, La Mabra and Placentia Sanitary Districts, as Sellers, and the City of Buena Park, a municipal corporation of the sixth class, hereinafter designated as Buyer. W 1 T t1 E S S E T H: WHEREAS, the Sellers and each of them, are owners of certain undivided fractional interests in certain portions or sections of the Magnolia Trunk Sewer generally described and com- monly known as Section A, Section B, Section C, Section D, Section E and Section E', all of which said property is located in the County of Orange, State of California, and more particularly de- scribed as follows: Section A: The 78" sewer main on Bushard Street from the pumping plant at Ellis Avenue to and including the manhole at Talbert Avenue. Section B: The 48" sewer main on Bushard Street from the manhole at Talbert Avenue to and includ- ing the manhole at Slater Avenue. Section C: The 48" sewer main on Bushard Street from the manhole at Slater Avenue to Smeltzer Avenue, thence on Smeltzer Avenu4 to Can- nery Street thence on C_.nnery Street to and including the manhole on Boise Avenue. Section D: The 48" sewer main on Cannery Street from Balsa Avenue to Westminster Avenue. Section E The 42" sewer main on Cannery Street from Westminster Avenue to Garden Grove Boulevard, along Garden Grove Boulevard from Cannery Street to Magnolia Avenue; thence on Magnolia Avenue from Garden Grove Boulevard to 1310 feet north of Lampson Avenue. Section E': The 39" sewer main on Magnolia Avenue from 1310 feet north of Lampson Avenue to Katella Avenue. 1 said above defined and described property, and are- carrying away therein sewage arising within their resPectiVe areas; and WHEREAS Sellers are willing to sell to Buyer the contin- gent capacity and capacity rights allotted to contingent area No. 3 as shown on the contingent area map of the Trunk Sewer, in the hereinafter set forth, in said property 'hereirn above described, so as to enable Buyer to discharge into said Magnolia Trunk Sewer, sewage collected within the boundaries of said Contingent Area No. 3 and at the time and upon the terms here- in stated, and the Buyer desires to purchase said contingent capacity' rights in all of said property at the price and upon the terms here in stated; NOW, THEREFORE, the parites hereto do hereby covenant, promise and agree as follows: 1. SALE: Said Sellers promise and agree to sell, and said Buyer promises and agrees to buy the following described percentage of contingent capacity and capacity rights in the above described property, for the consideration and upon the terms and conditions hereinafter set forth and shown in Exhibit A hereto at- tached; 1. 5.16% of the total capacity of Section A of Magnolia Trunk Sewer, as above defined and described; WHEREAS, said Sellers at the present time are operating the 2. 2.18% of the total capacity of Section B of Magnolia Trunk Sewer, as above defined and described; 3. 2.23% of the totalcepacity of Section C!of Magnolia Trunk Sewer, as above defined and described; 4. 2.37% of the total capacity of Section D of Magnolia Trunk Sewer, as above defined and described; 2 5. 3.62% of the total capacity of Section E" of Magnolia Trunk Sewer, as above defined and described; 6. 3.62% of the totalcapacity of Section E' of Magnolia Trunk Sewer, as above defined and described; 2. PURCHASE PRICE: The total purchase price which Sellers agree to accept for the contingent capacity and capacity rights here- in being sold to the Buyer and which Buyer agrees to pay to the Seller for said contingent capacity and capacity rights, is hereby fixed and determined as follows and as shown in Exhibit A hereto attached. "Total Costs of Completed Construction," as said term is used in this numbered paragraph of this agreement, shall mean and include all costs of construction, including engineering, legal, and incidental costs, together with interest thereon at the rate of two per cent (2 per annum from November 15, 1950, to date of pay- ment of purchase price. 3. PAYMENT OF PURCHASE PRICE: The total amount of said purchase price shall be paid by Buyer to Sellers on the effective date of Completion of the Agreement, effective date being defined as the date of signing by all of the parties to the agreement. That said total purchase price shall be paid to CITY OF ANAHEIM, one of the Sellers herein, who is hereby designated as Agent for all the Sellers, to receive and accept payment of said purchase price, and to hold the same in trust for all the Sellers, and to disburse and distribute the same between the Sellers when their percentage interests in the above described property, and in the purchase price money has finally been determined and agreed upon be- tween them. 4. COST OF MAINTENANCE AND OPERATION: Buyer shall be liable for, and does hereby agree to pay, its proportionate share of all costs of maintenance and operation of the above described 3 available therefrom, to the settlement site of Cypress, so much'of said Contingent capacity as shall be reasonably necessary to enable the settled portion of thesettlement site of Cypress to dispose of its sewage and waste, and that the Buyer will notify the proper of- ficials of the Cypress area that said capacity is available to them and that the settlement site of Cypress shall have a reasonable time, not exceeding two (2) years, after such notice, to purchase or rent such capacity from the Buyer, upon the same terms and condi- tions that it is hereby authorized to be sold to said Buyer without the necessity of annexation to Buena Park. But if the Buyer shall fail to',make such capacity available to the settlement site of Cypress within the time and in the manner herein provided, it shall forfeit all right to the capacity hereby agreed to be sold to it except its proportionate share thereof as a member,of-the Orange County Joint Outfall Sewer,and all of the remainder of said contin- gent capacity hereby agreed to be sold to said City of Buena Park shall revert to the Sellers and the Buyer shall forfeit all right thereto, and the consideration shall be refunded. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by its duly authorized officers the day and year set opposite its name. Executed this day of CITY OF ANAHEIM c 19 BY i .:1��,'r�f Mayor a SEAL) ATTEST: �-'c- �.��..i�_ -,,�z Ar_ City Clerk As contracting agent for the Cities of Anaheim, Fullerton, Orange, and the Garden Grove, La Habra and Placentia Sanitary Districts Executed this 19 (SEAL) SELLERS day of CITY OF BUENA PARK BY ATTEST: Mayor City Clerk property incurred from and after the time when Buyer v ommences use thereof, upon the following basis: Buyer's proportionate share of, and liability for, costs of maintenance and operation shall be determined, and shall be based upon the proportion which the flow of sewage placed in the above described property by Buyer bears to the total flow of sewage placed in said property by all the users thereof, and upon the same basis and formula as is used in determining the shares of costs of maintenance and operation to be paid by all other users thereof. 5. MAINTENANCE DEFINED: Maintenance of the above described property is defined, and shall be construed to mean, the repair and up- Veep of the same, whether it requires installation of, or replacement of new materials or not, if the repair and upkeep be occasioned or made necessary solely through the use thereof, together with the reasonable and necessary costs of the removal of obstructions there- from. 6. DATE FOR COMMENCEMENT OF USE: Buyer shall have the right to connect its proposed trunk and lateral sewer system and lines into the above described property at any time after the purchase'. price has been paidin full in the manner hereinabove provided. 7. PRIOR AGREEMENT: It is understood and agreed that all of the terms and provisions of the supplemental agreement made and entered into by and between the Sellers and the Buyer herein during the year of 1954 shall be binding upon the Buyer and shall apply in all respects to the ownership and use of the contingent capacity hereby agreed tote sold to said buyer. 8. CAPACITY TO BE MADE AVAILABLE FOR CYPRESS It is also expressly understood and agreed that from the contingent capacity here- by agreed to be sold by the Sellers to the Buyer, the Buyer will make 4 pzi 0 •ri 0 v) 1 U A f to 8 g m o e S q -4 Cad C CO la ti O r1 0 W) ,R1 o (t o M 5-4 r 04 ft a a dr t- c CO Od O CV tg 8 to 10 8 1 Q� r-4 t.- CV 03 CO CV 10 M to 8 CZ OD N ti O d 10 CO r'd 8 ti ti 0 H s1 VP el. oe CU Od 1 0 0 2 OD b- CO d' 10 IH 1 m. A 4.