Loading...
1955-2858RESOLUTION NO. 2 858 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALLING A SPECIAL ELECTION ON THE 266th DAY OF August 19 55 IN CERTAIN TERRITORY IN THE COUNTY OF ORANGE CONTIGUOUS TO THE CITY OF ANAHEIM PROPOSED TO BE ANNEXED TO AID CITY OF ANAHEIM PROVIDING FOR THE HOLDING OF SUCH ELECTION AND SUB- MITTING TO TrE 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 TERRITORY BE, AFTER SUCH ANNEXATION, SUBJECT TO TAXATION E ;DALLY !'IITH PROPERTY WITHIN THE CITY OF ANAHEIM TO PAY ITS PRO RATA PORTION, BASED UPON ASSESSED VALUATION, OF ALL THE BONDED INDEBTEDNESS OF SAID CITY OF ANAHEIM OUTSTANDING ON THE 28th DAY OF JUNE 19 55 OR THERETOFORE AUTHORIZED: DESCRIBING SAID TERRITORY AND DESIGNATING IT BY THE NAME OF PLACENTIA-BALL ANNEXATI ON; ESTABLISHING AN ELECTION PRECINCT AND POLL- ING PLACE IN SAID TERRITORY, APPOINTING THE OFFICERS OF ELECTION FOR SAID SPECIAL ELECT- ION AND PROVIDING FOR T PUBLICATION OF NOTICE OF SUCH ELECTION. WHEREAS, the City Council of the City of Anaheim did on the 28th day of June 19 55 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 corpor- ation, 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 28th day of June 1955, the City Council of the City of Anaheim did adopt its Resolution No. 2823 declaring its intention to call a special election and fixing a date thereof, and giving at least fifty (50) days notice thereof, and of its intention to submit the question of annexation to the electors residing 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 PLACENTIA -BATJ, ANNEXATION by which it hould be referred to upon the 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 legiolative body of -1- tine City of Anaheim and show cause why such territory should not be annexed to the City, and the City Council did find and deter- mine 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 :pct 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, re- quired to be complied with before the adoption of said resolution had been complied with prior to the adoption thereof, which re- solution 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. WHEREAS, said City Council did, pursuant to its Reso- lution No. 2823 hold a public meeting and hearing on the lgth day of J 19 55 at the hour of 7:00 o'clock P.M. in the C3.ty Council Chamber of the City Hall of 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 pro- tests and objections to said election and annexation of said territory to the City of Anaheim, in the Anaheim Bulletin, a news- paper of general circulation published and circulated in the City of Anaheim, County of Orange, _Mate of California; and WHEREAS, at said public hearing held on the 19th day of July 19 55 the City Council of the City of Anaheim did hold a hearing tc hear all written protests thereto- fore 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 a majority of the separate parcels of property within the territory proposed to be annexed; and 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 giving notice thereof as required by law, and to sub mit 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 said petition also contains a request that the question to be submitted at such epeaial election to the electors residing within said new terri- tory shall be whether said new territory shall be annexed to, in- corporated in, and made a part of said City of Anaheim, and the -2- 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 in- debtedness of the City of Anaheim outstanding or authorized at the date of the filing of said petition, to wit June 28th, 19 55 WOW, 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 Frida the 26th day of August 19 in new territory mentioned in the petition aforesaid and hereinafter more particularly de- scribed, and proposed to be annexed to the City of Anaheim, for the purpose of submitting to the electors residing in said now territory the question whether the said new territory shall be annexed to, incorporated in, and made a part of the City of Ana hedm 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 a.eses. d v J.uatior, of all a of the be e:Lness of said City cl' .L ar ei outs and Ong on the 28th day of June 19 55 or theretofore authorize. 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: PLACENTIA BALL ANNEXATION A parcel of land being a portion of Sections 22, 23 and 24, Township 4 South, Range 10 West, San 3ernardino Base and Meridian and more particularly described as follows: Beginning at an angle point in the existing Anaheim City Limits line as established by the Ball Road Annexation to the City of Anaheim, Annexation No. 28 as passed by Ordinance No. 814 on August 19, 1952 and filed with the Secretary of State on September 22, 1952 said point also being the intersection of a line parallel to and 30.00 feet northeasterly, as measured at right angles, of the centerline of Los Angeles Street (also known as U. S. Highway No. 101), and a line parallel to and 30.00 feet southerly as measured at right angles, from the north Section line of said Section 22, (said north Section line also being the centerline of Ball Road); thence, 1. Easterly 400 feet, more or less, along said existing City Limits Line and also along said parallel line to the west Section line of said Section 23 thence, 2. Continuing easterly 4630 feet, more or less, along said existing Anaheim City Limits line and also along a line parallel to and 30.00 feet southerly as measured at right angles from north Section line of said Section 23 to the southeast corner of the East Street Annexation to the City of Anaheim,Annexation No. 50 as passed by Ordinance No. 954 on December 28, 1954 and filed with the Secretary of State on January 31, 1955; thence, 3. Continuing easterly 680 feet, more or less, along said parallel line and its easterly prolongation to its intersection with a line parallel to and 30.00 feet easterly as measured at right angles, from the easterly Section line of said Section 23, (said easterly section line of Section 23 also being the centerline of Placentia Avenue); thence, 4. Southerly 5210 feet, more or less, along said line parallel to and 30.00 feet easterly, as measured at right angles from East section line of Section 23 to its intersection with the easterly prolongation of a line parallel to and 40.00 feet northerly as measured at right angles from the southerly section line of said Section 23, said southerly section line also being the centerline of Katella Avenue thence, 5. Westerly 3990 feet, more or less, along said parallel line and its prolongation to a point in the easterly line of S?�t of SW of said Section 23 thence, 6. Northerly 1280 feet, more or less, along said easterly line to the northeasterly corner of said of SW71 of Section 23 thence, 7. Westerly 1060 feet, more or less, along northerly line of said SW7.1. of SVJ- of Section 23 to the easterly right -of -way line of said Los Angeles Street; thence, 8. Northwesterly and following along said easterly right -of -way line of Los Angeles Street 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.E. of the day of said election and shall remain open continuously from said time until 7 :00 otclock 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 elec- tion 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 sub- ject to taxation equally with the property within the City of Anaheim, to pay its pro rata portion, based upon assessed valu- ation, of all of the bonded indebtedness of said City of Anaheim outstanding on the 28th day of June 19 55, or there- tofore 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 hereinbef ore and in said petition for annexation described is hereby designated as rr PLACENTIA -BALL ANNEXATION" and said territory shall be indicated and referred to by the name of PL!'CENTIA -BALL ANNEXATION upon the ballots to be used at said special election, at which the ques- tion of such annexation of said territory to the City of Anaheim is submitted to the electors of said territory, and the name t "PLAC,NTIA -BALL 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 shall be con- strued to mean the territory hereinbefore and in said petition described, and so proposed by said petition to be annexed 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 distinguishing 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 ob- tain another. On absent voter's ballots mark a cross (i with pen or pencil. MEAMIRE SUBMITTED TO VOTE OF VOTERS ;Shall PLACENTIA -BAIL /ANNEXATION :be annexed to the City of !'.naheim, Califor :nia, and the property in said PL CENTIA- .BALL _AI RATION be, after :such annexation, subject to taxation equal :ly with the property within said City of :Anaheim, to pay its pro rata portion, based: :upon assessed valuation, of all bonded in- :debtedness of said City of Anaheim outstand- :ing on June 28 19 55 or :theretofore authorized? -6- YES NO A cress placed in the voting square after the word "YES" in the manner hereinbefore provided shall be courted in favor of the adoption of the proposition or measure. A cross placed in the voting square after the word "Nn" 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 out- standing on June 28 19 55 or theretofore author- ized, by stamping a crossjf 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 u50" on such ballots. If an elector shall stamp a cross (4-) in the voting square after the printed word "YES the vote of 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 terri- tory 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 June 28 19 5 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 hold- ing 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. PLACENTIA -BALL ANNEXATION voting pre cinct shall consist of all of said above described territory pro- posed to be annexed to the City cf Anaheim for the purpose of holding said election. Polling Place: Edward J. Power's garage 12962 Ball Road, Anaheim, California Inspector: David. Lee Welton Judge: Henry D. PoI hem Judge: Wallace W. Walton 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 he 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 26th day of kupIT 19 55 in the Cvbress Enterx�rise a newspaper p of general circulat- ion nted and published outside of the City of Anaheim, but in `.he County of Orange, in which the territory so proposed to be ar:nexed 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 aaid 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 taxation equally with the property within said City of Anaheim, to pay its pro rata portion, based upon assessed valuation, of all oonded indebtedness of said City of Anaheim outstanding on the 28th day of Jure 1955 or theretofore authorized. Such notice shall distinctly designate said terri- tiry proposed to be annexed to said City of Anaheim as PLACENTIA- ALL ANNEXATION, as the name by which such terri- tory 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 indebted- ness s notice shall: 1. State distinctly the proposition to be submitted, 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 publicat- ion of the notice. 4. State the amount authorized to be represented by Londe to be issued. 5. State the maximum ratio of interest payable or to be paya on the indebtedness. Such notice shall_ designate the election precinct, the place at wa ch the polls will be open, and the hours at which such polls will be open for such election in said new territory as establish- ed by this resolution. In such notice, the qualified electors residing in said nevi territory so proposed to be annexed shall be directed to vote u;on 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 hereinabove 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 at least three days after the election, the City Council shall can- vass 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 that thereafter the City Council shall take and conduct such further proceedings as are provided for in the Annexation Act of 1913 and acts amend- atory thereof and supplementary thereto, hereinabove referred to. THE FOREGOING RESOLUTION is approved and signed by me this 19th day of 19 55 ATTEST: CITY CLERK Or TfE CITY OF ANAHEIM MAYOR OF 2 J r HE CITY OF ANAHEIM STATE OF C.ALI COUNTY OF ORANGE se. CITY OF ANAHEIM DENS Ir1. WII�LIAMS 1, maammxxxxxxammumm City Clerk of the City of Ana- heim, do hereby certify that the foregoing resolution was intro- duced and adopted at an adjourned. regular meeting provided by law, of the City Council the City of .Anaheim, held on the 19th day of July 19 55 by the following vote: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser Van Wa oner. NOES: COUNCILI EN: None. ABSENT: COUNCILMEN: Nox'e. :AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 19th day of July 19 55 IN WIT!TE,SS 'i: EFEOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 19th day of July 19 55 (SEAL) -8- CI Y CLERK OF OF ANAHEIM