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1954-2327RESOLUTION NO. Z3 ti 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACKNOWLEDGING RECEIPT OF COPY OF avOTICE OF INTENTION TO CIRCULATE A PETITION RELATING TO THE ANNEXATION OF TERRITORY TO THE CITY OF ANAHEIM AND AFFIDAVIT OF PUBLICATION THEREOF, AND AP- PROVING THE CIRC''LATION OF SAID PETITION. wHEREAS, the following named proponents, to wit: Chas, E. Harbeson, Mrs. Charles Harbeson, Mrs. Lillian Kipp, David C. Booms, L. 0. Booms, Lloyd F. Wessler, Gilbert D. Porter, Marjorie H. Crow, W. R. Pe tzke, Mrs, Eula F. Hughes, Leslie E. Guthrie, Guy Crow, Z. D. Davis, John B. Murray, Florence L. Murray, Elizabeth Pellegrino, Sylvia Pellegrino, Mabel R. Koenig, Robert H. Koenig, Thomas R. Elder, Mrs. Pauline Elder, John A. Hughes, I. L. Bickham, Mrs. Emma J. Bickham, Peter Palm and Erlinda Palm have published a notice of intention to circulate a petition re- lating to and for the annexation of the territory described in said notice to the City of Anaheim, which said notice was duly published on the 28th day of December 19_53____, pur- suant to and in accordance with the Elections Code of the State of California in the Anaheim Bulletin a news- paper of general circulation printed, published and circulated in the County of Orange, State of California, where such territory is situated, and that an affidavit of publication duly executed by Richard Fischle the Principal Clerk of said newspaper, has been filed in the office of the City Clerk of the City of Anaheim; and WHEREAS, said notice contains the names of the proponents intending to circulate the petition and the specific boundaries of the territory proposed to be annexed to the City of Anaheim, and is accompanied by a printed statement not exceeding 500 words in length, containing reasons for the circulation of said petition for annexation of said territory to the City of Anaheim; and WHEREAS, the City Council finds and determines that it would be to the advantage and for the best interests of the resi- dents and citizens of the City of Anaheim and the property owners and qualified electors in said territory for the City Council to approve the circulation of said petition. NOW, T= 'EREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the receipt of said notice of intention to circulate said petition for the annexation of the property therein described to the City of Anaheim be, and the same is here- by, acknowledged and that the circulation of said petition by said proponents for the annexation of said territory to the City of Anaheim be, and the same is hereby approved. THE FOREGOING RESOLUTION is signed and approved by me this lath day of January 19 ;54 ATTE l.i CI LE K 0 THE OF A;•AHEIM -1- MAYOR OF THE CITY OF ANAHEIM STATE CF CALIFORNIA) COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) I, CHARLES E. GRIFFITH, ;ity Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at a Special Called P:ieeting of the City Council of the City of Anaheim held on the 14th day of January, 1954, by the following vote of the members thereof: AYES: CCUNCILM "EN:: Pearson, Schutte and isser. NOES: COUNCILMEN: None. ,ABSENT: OUNCTL! EN: eying and' Van :'agoner. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 14th day of January, 1954. IN ;1ITNESS 'THEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of January, 1954. ity Clerk af'che City of Anaheim THIS AGREEMENT, made and entered into this day of 1953, by and among the CITIES OF BUENA PARK, ANAHEIM, FULLERTON and ORANGE, and the LA HABRA, GARDEN GROVE, PLACENTIA and BUENA PARK SANITARY DISTRICTS, W I T N E S S E T H: THAT WHEREAS AGREEMENT RELATING TO THE TRANSFER BY THE BUENA PARK SANITARY DISTRICT TO THE CITY OF BUENA PARK OF ALL OF ITS RIGHT, TITLE, INTEREST AND CONTROL IN AND TO THE EUCLID TRUNK SEWER AND THE MAGNOLIA TRUNK SEWER, PUMPING PLANT AND FORCE MAIN. This agreement is made with reference to the following matters: (a) All of the parties to this agreement, except the City of Buena Park, own various interests in, and operate trunk sewer lines known as the Euclid Trunk Sewer and the Magnolia Trunk Sewer, Pumping Plant and Force Main. (b) The Buena Park Sanitary District and the City of Buena Park have entered into an agreement dated August 18, 1953 wherein and whereby the Buena Park Sanitary District did agree to grant and transfer to the City of Buena Park all of the rights, powers and duties of the Sanitary District in the operation, management and control of the sewer system, the property, equipment and funds of the District, as more particularly set forth in said agree- ment; and WHEREAS, under the existing joint agreements between the Cities and Sanitary Districts comprising the Joint Outfall Sewer of Orange County, California, it is provided that no right, title, nor interest of any of said Cities or Sanitary Districts of said Orange County Joint Outfall Sewer in the Euclid Trunk Sewer Line, the Magnolia Trunk Sewer Line, Pumping Plant and Force Main, and the Treatment Plant and Sewage Disposal Plant may be sold or transferred without the written consent and agreement of all of the owners of said sewer lines and facilities, treatment plant and sewage disposal system consenting thereto; and WHEREAS, the Buena Park Sanitary District and the City of Buena Park have submitted said agreement of August 18, 1953 to the Cities and Sanitary Districts who are the owners of the Euclid and -1- Magnolia Trunk Sewer Lines, Treatment Plant and Sewage Disposal System, and have requested the approval and consent of each of them to said transfer; and WHEREAS, it is necessary that the Cities of Buena Park, Anaheim, Fullerton and Orange, and the Buena Park, Garden Grove, La Habra and Placentia Sanitary Districts enter into an agreement approving and consenting to such grant and transfer and specifying the terms and conditions under which such grant and transfer shall be made, and the rights, powers and duties of the City of Buena Park shall be enjoyed and exercised. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES OF THE PARTIES HERETO, EACH TO THE OTHER, IT IS HEREBY AGREED BY AND AMONG THEM AS FOLLOWS: 1. That the grant and transfer by the Buena Park Sanitary District to the City of Buena Park of all of the rights, powers and duties of the District in the operation, management and control of the sewer system, the property, equipment and funds of the District, as set forth in that certain agreement made and entered into by and between the Buena Park Sanitary District and the City of Buena Park dated August 18, 1953, be and the same is hereby approved and consented to upon the express condition that such grant and transfer, and all of the rights, title, powers, duties and obligations of the City of Buena Park under said agreement, shall be subject to all of the terms, conditions and provisions of all existing joint agreements heretofore made and entered into by and between said Cities and Sanitary Districts of the Orange County Joint Outfall Sewer, and particularly that certain agreement made and entered into by and between said Cities and Sanitary Districts and the Buena Park Sanitary District on September 19, 1927; and upon the further express condition that all obligations of the Buena Park Sanitary District under said joint agreements and the obligations of the Buena Park Sanitary District to pay its proportionate share of the costs of the Magnolia Trunk Sewer, Pumping Plant and Force Main and its proportionate share of the costs of maintenance and operation there- of, and of the Euclid Trunk Sewer, shall be assumed by the City of Buena Park. It is understood, however, that the bonded indebtedness of the Buena Park Sani- tary District is not to be assumed by the City of Buena Park. 2. The City of Buena Park shall be liable for, and does hereby agree to pay its proportionate share of all -2- costs of maintenance and operation of said sewer lines, treatment plant and sewage disposal system incurred from and after the effective date of the agreement of August 18, 1953 made and entered into with the Buena Park Sanitary District, upon the following basis: The proportionate share of the liability for costs of maintenance and operation of the City of Buena Park shall be based upon the volume of sewage dis- charged into said sewer pipe lines as determined by metering, and the strength as determined by the joint laboratory of said Cities and Sanitary Districts who are parties hereto, in the proportion which the flow of sewage placed in the above described sewer pipe lines, treatment plant and sewage disposal system, by the City of Buena Park, bears to the total flow of sewage and the strength thereof placed in said trunk sewer lines, .treatment plant and disposal system determined as hereinabove set forth or as may be hereafter modified by agreement between the parties hereto. Maintenance of the sewer pipe lines is defined and shall be construed to mean the repair and upkeep thereof, whether it requires installation of, or replacement by, new material or not, if the re- pair and upkeep be occasioned or made necessary solely through the use thereof. 3. It is further understood and agreed that the City Council of the City of Buena Park as Ex Officio Board of the Buena Park Sanitary District shall levy such taxes and perform such other acts as are necessary for the collection of taxes for the payment of any and all out- standing bonded indebtedness of the Buena Park Sanitary District; and that the taxes so levied and collected shall be used to pay and discharge such outstanding bonded indebtedness of said Sanitary District as and when the principal and interest thereof shall become due and payable. IN WITNESS WHEREOF each of the parties hereto has caused this agreement to be executed by its duly authorized officers the day and year set opposite its name and the signatures of its officers. CITY OF ANAHEIM G By Executed this day ATTES of 1953. (SEAL) Mayor CITY OF FULLERTON Executed this day By of 1953. Mayor ATTEST: (SEAL) By City Clerk CITY OF ORANGE Executed this day By of 1 953• Mayor ATTEST: (SEAL) By City Clerk CITY OF BUENA PARK Executed this day By of 1953. Mayor ATTEST: (SEAL) By City Clerk BUENA PARK SANITARY DISTRICT By City Council of the City of Buena Park as Ex Officio Board of said District Executed this ,day By of 1 953• Mayor ATTEST: (SEAL) By City Clerk GARDEN GROVE SANITARY DISTRICT Executed this day By of 1953. President of its Board of Directors (SEAL) ATTEST: BY Secretary LA HABRA SANITARY DISTRICT Executed this day By of 1953. President of its Board of Directors (SEAL) ATTEST: By Secretary PLACENTIA SANITARY DISTRICT Executed this day By of 1953. President of its Board of Directors (SEAL) ATTEST: By Secretary