1954-2446RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT COUNTY SANITATION
DISTRICTS NOS. 1, 2, 3, 5, 6, 7 AND 11 HAVE
COMPLIED SUFFICIENTLY WITH THE AGREEMENT OF SALE
AND PURCHASE DATED FEBRUARY 21, 1951, AS AMENDED,
TO AUTHORIZE THE TRANSFER OF THE EXCLUSIVE CON-
TROL AND POSSESSION OF SECTION ONE AND FACILITIES
THEREIN OF THE JOINT OUTFALL SEWER OF ORANGE
COUNTY, CALIFORNIA, AND TO TRANSFER TO SANITATION
DISTRICTS NOS. 1, 5, 6 AND 11 THE UNDIVIDED IN-
TEREST IN SAID SECTION ONE FOR WHICH THEY HAVE
PAID AND ASSUMED THE BONDED INDEBTEDNESS; AND
AUTHORIZING THE CITY OF SANTA ANA AS CONTRACTING
AGENT FOR SAID CITIES AND SANITARY DISTRICTS TO
EXECUTE THE NECESSARY DOCUMENTS TO ACCOMPLISH
SUCH TRANSFER, AND TO DELIVER POSSESSION OF SAID
SECTION ONE TO SAID COUNTY SANITATION DISTRICTS.
WHEREAS, heretofore, to wit, on the 28th day of February,
1951 the Cities of Santa Ana, Anaheim, Fullerton and Orange, and the
Sanitary Districts of Buena Park, Garden Grove, La Habra and Pla-
centia, as sellers, made and entered into an agreement with County
Sanitation Districts Nos. 1, 2, 3, 5, 6, 7 and 11 of Orange County,
California, as buyers, for the sale by said Cities and Sanitary Dis-
tricts and the purchase by said County Sanitation Districts of Sec-
tion One of the Joint Outfall Sewer of Orange County, California and
sewage treatment and disposal facilities situated therein, together
with certain lands and rights -of -way and personal property, more
particularly described and set forth in•said agreement; and
WHEREAS, said agreement provides that possession and ex-
clusive control of said Section One shall be delivered to said
buyers when
(1) Buyers have sold their bonds; and
(2) County Sanitation Districts Nos. 1, 5, 6 and 11 have
paid to sellers the purchase price therein required to be paid to
sellers from the proceeds of bonds of said districts; and
(3) When buyers have, within a reasonable time after the
date of said agreement, constructed the Land and Marine Sections of
the proposed new outfall sewer and sufficient portions of the new
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and existing disposal plant and other facilities to adequately treat,
handle and dispose of, in accordance with the requirements of the
State Department of Health, all sewage arising at the time of de-
livery within the boundaries of sellers and buyers and have such
facilities in condition for operation; and
(L) When buyers have paid sellers for certain additional
improvements and facilities as provided in said agreement which were
being constructed by the sellers at the time said agreement was made
and entered into; and
WHEREAS, the City Council
of the City of Anaheim
does find and determine that said buyers have
sufficiently complied with said agreement to authorize the transfer
and delivery of possession and exclusive control of said Section One
of the Joint Outfall Sewer of Orange County, California, together with
the personal property mentioned in said purchase and sales agreement,
and to authorize the execution and delivery to County Sanitation Dis-
tricts Nos. 1, 5, 6 and 11 of a good and sufficient instrument con-
veying to each of said County Sanitation Districts Nos. 1, 5, 6 and
11 the undivided interest in said Section One for which said County
Sanitation District has paid and assumed bonded indebtedness as pro-
vided in said agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim
that said County Sanitation Districts as buyers have complied with
said agreement of sale and purchase as follows:
1. That said buyers have sold their bonds; and
2. That County Sanitation Districts 1, 5, 6 and 11 have
paid to sellers the purchase price required to be paid to sellers
from the proceeds of bonds of said districts in accordance with the
terms of said agreement; and
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3. That said buyers have, within a reasonable time since
the 28th day of February, 1951, constructed the Land and Marine
Sections of a new ocean outfall sewer and a new sewage disposal plant
and related facilities of sufficient capacity to adequately treat,
handle and dispose of, in accordance with the requirements of the State
Department of Public Health, all sewage now arising within the bound-
aries of sellers and buyers, and that said facilities are in condition
for operation.
4. That all of the added facilities mentioned and described
in Paragraph 17 of said agreement have been paid for by the buyers.
BE IT FURTHER RESOLVED that the City of Santa Ana, as con-
tracting agent for the Cities and Sanitary Districts hereinabove
mentioned, be, and it is hereby, authorized to deliver possession and
exclusive control of said Section One, together with the facilities
and personal property mentioned and described in the agreement of
sale and purchase dated February 28, 1951, to said County Sanitation
Districts in accordance with the terms and provisions of said agree-
ment and to execute all instruments of conveyance or documents neces-
sary to make and complete the transfer of possession and exclusive
control of said Section One to said County Sanitation Districts.
AND BE IT FURTHER RESOLVED that said City of Santa Ana as
such contracting agent for said Cities and Sanitary Districts make,
execute and deliver to County Sanitation Districts Nos. 1, 5, 6 and
11 good and sufficient instruments conveying to each of said County
Sanitation Districts the undivided interest in said Section One for
which said County Sanitation District has paid and assumed bonded
indebtedness as provided in the agreement aforesaid.
BE IT FURTHER RESOLVED that on and after the delivery of
possession and the transfer of said Section One to said County
Sanitation Districts they shall have exclusive control and management
thereof.
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S day of
THE FOREGOING RESOLUTION is signed and approved by me this
CITY OF ANAHEIM
STATE ..OF CALIFOR NIA
ss.
COUNTY OF ORANGE
meeting of
1,
City of Anaheim
1954.
said City Council
this o2,6 day of (%4=i/ZC../6 1954.
ANAHEIM
MAYOR
of the CITY OF
City Clerk of the
do hereby certify that the above
and foregoing Resolution was adopted at a n ip- 2•���G /2rC j�
h on the c)2 v day of
1954 and carried by the following roll -call vote:
AYES: COUNCILMEN: Pearson, Fry, Schu to and Wisser.
NOES: COUNC ID N: None.
ABSENT: COUNCILMEN: Van Wagoner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim
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City Clerk
City of Anaheim