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1955-2657RESOLUTION NO. 2657 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IM- PROVEMENT, TO WIT: REPAIRS ON THE SWIMMING POOL AND FACILITIES AT THE ANAHEIM CITY PARK, AND APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUC- TION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHOR- IZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. WHEREAS, public convenience and necessity require the construction and completion of a public improvement in the City of Anaheim, to wit: The construction and completion of additions and alterations to the swimming pool at the City Park, Anaheim, California, including all appurtenant work. AND WHEREAS, the City Council instructed the City Engineer to prepare detailed de- signs, plans, profiles, drawings and specifications, and esti- mates of quantities and costs, and make necessary surveys for the construction of said public improvement; and WHEREAS, said Engineer has prepared said detailed designs, plans, profiles, drawings and specifications for the construction of said public improvement and has submitted the same to the City Council; and WHEREAS, the City Council finds that the detailed designs, plans, profiles, drawings and specifications for said public improvement above mentioned are in accordance with good engineering practice and are adequate to serve the needs and requirements of the City of Anaheim and the citizens and residents in said area for the purposes for which they are intended, and that they are adequate for the construction of said public improvement and should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the detailed designs, plans, pro- files, drawings and specifications for said public improvement hereinabove mentioned and described be, and the same are here- by, approved and adopted as prepared by said Engineer. AND BE IT FURTHER RESOLVED that said public improve- ment shall be constructed in accordance with said detailed designs, plans, profiles, drawings and specifications as pre- pared by said Engineer and hereby approved, and such addenda or modifications thereto as may be approved prior to the awarding of bids therefor. BE IT FURTHER RESOLVED that the City Clerk of the City of Anaheim be, and she is hereby, authorized and directed to publish a notice according to law inviting sealed proposals for the furnishing of all plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to con- struct and complete in a good and workmanlike manner, in strict accordance with said detailed designs, plans, profiles, draw- ings and specifications as prepared by said Engineer, the public improvement hereinabove mentioned and described, and fixing the 22nd day of March 195 5 at the hour of 7:00 o'clock P.M. as the date and hour for the opening of said bids at the City Council Chambers in the City Hall in the City of Anaheim, and that said notice shall be published twice, the first of which publications shall be at least ten (10) days prior to the date fixed for the opening of bids, and that said publications shall be at least five (5) days apart. AND BE IT FURTHER RESOLVED that the successful bidder or bidders shall be required to enter into a contract with the City of Anaheim in the manner and form approved by the City Attorney of the City of Anaheim for the construction, instal- lation and completion of said public improvement hereinabove mentioned and described, in accordance with the plans and specifications prepared by said Engineer, the notice inviting sealed proposals, this resolution and all applicable City Ordinances or Code Sections and the laws of the State of Cali- fornia, and shall be required to post bonds and insurance in the amounts and within the time required by law, as specified in the notice inviting sealed proposals, and in a form approved by the City Attorney. THE FOREGOING RESOLUTION was approved and signed by me this 8th day of March 195 5 MOOR 0 E C T 0 ANAHEIM. ATTEST: 2-17 CITY CLERK OF THE CITY OF ANAHEIM. STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAmlIM I, DERE 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 8th day of March, 1955, by the following vote: AYES: COUNCILMEN: Pearson, Fry, Schutte,Wisser and Van Wagoner. S 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 8th day of March, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of March, 1955. CITY CLERK OF THE CITY OF ANAHEIM. AGREEMENT OF SALE AND PURCHASE THIS AGREEMENT, entered into by and between four (4) cities hereinafter named, each being a city duly organized and existing under the laws of the State of California, and of the class designated after its name; three (3) Sanitary Districts, each being organized and existing under the laws of the State of California; said cities and sanitary districts being hereinafter designated and called "SELLERS and a STANTON COUNTY WATER DISTRICT duly organized and existing under and by virtue of the laws of the State of California, and hereinafter designated and called "BUYER all of said Cities and Districts being situate in the County of Orange, State of California, and named as follows: RECITALS: CITY OF ANAHEIM CITY OF FULLERTON CITY OF ORANGE CITY OF BUENA PARK GARDEN GROVE SANITARY DISTRICT, LA HABRA SANITARY DISTRICT PLACENTIA SANITARY DISTRICT Section A: Section B: and STANTON COUNTY WATER DISTRICT (6th. Class) (6th. Class) (6th. Class) (6th. Class) SELLERS. BUYER. 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 commonly known as Section A, Section B, Section C, Section D, Section E and Section Et all of which said property is located in the County of Orange, State of California, and more particularly described as follows: The 78" sewer main on Bushard Street from the pumping plant at Ellis Avenue to and including the manhole at Talbert Avenue. The 48" sewer main on Bushard Street from the manhole at Talbert Avenue to and including the manhole at Slater Avenue. and Section C: Section D: Section E The 48" sewer main on Bushard Street from the manhole at Slater Avenue to Smeltzer Avenue, thence on Smeltzer Avenue to Cannery Streit, thence on Cannery Street to and including the manhole on Bolsa Avenue. The 48" sewer main on Cannery Street from Bolsa Avenue to Westminster Avenue. 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 El: The 39" sewer main on Magnolia Avenue from 1310 feet no :th of Lampson Avenue to Katella Avenue. WHEREAS, said Sellers at the present time are operating the 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, capacity and capacity rights in the percentages hereinafter set forth in the said property hereinabove'described, so as to enable Buyer to discharge into said property sewage collected within the boundaries of Buyer at the price, and at the time, and upon the terms herein stated. and Buyer desires to purchase said capacity and capacity rights in all of said property at the price and upon the terms herein stated; and WHEREAS, bonds of Buyer were voted on for the acquisition and construction of a system of trunk and lateral sewer, and appurtenan r thereto, including the acquisition of all easements and other property necessary therefor, and for the acquisition of capacity (including rights of use) in the Magnolia Trunk Sewer located in Magnolia, Cannery and Bushard Streets; and NOW, THEREFORE, the parties hereto do hereby covenant, promise and agree as follows: (1)' SALT:_ Said Sell^_rs promise and agree to sell, and said Buyer promises and agrees to buy the following described percentage capacity and capacity rights in the above described property for the consideration and upon the terms and conditions hereinafter set forth and to serve the area as shown and described on "Exhibit A" to the extent of the Stanton Capacity R g},tn 1. 4 2 7 of the total capacity of Section A of Magnolia Trunk Sewer, as above defined and described; 2. 1,69 %'of the total capacity of Section B of Magnolia Trunk Sewer, assabove defined. end :described; 3. 1.69 of the total capacity of Section C of Magnolia Trunk Sewer, as above defined and described; 4, 1.85 %•df the total capacity of Section D of Magnolia Trunk Sewer, as above defined and described; 5. 2.45 Trunk of the total capacity of Section E" of Magnolia Sewer, as above defined and described; 6. 2 of the total capacity of Section E' of Magnolia Trunk Sewer, as above defined and described: (2) PURCHASE PRICE: The total purchase price which Seller agrees to accept for the capacity and capacity rights herein being sold to Duyer and which Buyer agrees to pay to Seller for said capacity and capacity rights is the sum of toSothe77 with interest at the rate of two percent (2 per annum if not paid on or before the day of 1955, (3) PAY' T OF PYRCT IS'E PRICE: The total amount of said purchase price shall be paid by Buyer to Sellers on the effective date of completion of the Agree- ment, 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 between 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 and operation of the above described property incurred from and after the time when Buyer commences 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 3 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) MAINTNENANCE DEFINED: Maintenance of the above described property is defined, and shall be construed to mean, the repair and upkeep 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 therefrom. (6) DATE FOR COMMENCEMENT OF USE Buyer shall have the right to conrec+ its proposed trunk and lateral sewer system and lines into the sewage disposal system of the Sellers at any time after the purchase price has been paid in full. Such connection shall be made in accordance with the rules and regulations of the Orange County Joint Outfall Sewer. (7) USE OF CAPACITY RIGHTS: It is further. understood and agreed by and between the parties hereto that the participation capacity rights contained in the over all remaining contingent capacity hereby agreed to be sold to said STANTON COUNTY WATER DISTRICT as shown on said "Exhibit A" shall not entitle said STANTON COUNTY WATER DISTRICT to the use of said participation capacity rights for the discharge of sewage into said Magnolia Trunk Sewer. (8) It, is understood and agreed that this agreement gives the Buyer no rights;.ncr voice in the control or management of the above described property, and that this agreement contains no provisions relative to reconstruction, or the construction of additional facilities, all of which matters are left for future negotiations and agreement between the parties. (9) 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 herein during the year, 1954, shall be binding upon the Buyer except as herein otherwise provided and except that if any of the over all contingent capacity shall be sold by the members of the Orange County Joint Outfall Sewer the Buyer. shall be entitled to receive its proportionate share of the proceeds received from such sale in proportion to its percentage of ownership there,, IN WITNESS WHEREOF, each of the parties hereto have caused this contract to be executed by its duly authorized-officers-this day of 195 Executed this day CITY OF ANAHEIM Of 195- By A L Mayor (SEAL) Exeoutad this day CITY OF FULLERTON Of 195 By Mayor SEAL) Executed this day CITY OF ORANGE Executed this day CITY OF BUENA PARK (SEAL) (SEAL) (SEAL) 5 ATTEST: City Clerk ATTEST: City Clerk Of 195 By Mayor ATTEST: (SEAL) City Clerk Of 195 By Mayor ATTEST: City Clerk Executed this day GARDEN GROVE SANITARY DISTRICT Of 195 By President AND: Secretary Executed this day LA HABRA SANITARY DISTRICT Of 195 By President AND: AND: (SEAL) Secretary Executed tais day PLACENTIA SANITARY DISTRICT Of 195 By President Secretary SELLERS. 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