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1953-2117RESOLUTION NO. 2117 A RESOLUTION OF THE QM' COTNCIT, C MAP P1 OF THE I AGRE MENT RELATING TO TEE SALE BY OF D FULLERTON TO THE CITY OF BREA OF A PORTION OF THE CAPACITY RIGHTS OF THE CITY OF FULLER TON IN THE EUCLID AVENUE TRUNK SEWER LINE AND SYSTEM. WHEREAS, the City of Fullerton has requested the consent of the Cities of Anaheim and Orange and the consent of the Buena Park, Garden Grove, La Habra and Placentia Sanitary Districts to the sale by the City of Fullerton of a portion of its capacity rights in the Euclid Avenue Trunk Sewer Line and System to the City of Brea; and WHEREAS, the Cities of Fullerton and Brea have entered into a contract dated October 24, 1952, wherein and whereby Fullerton has agreed to sell and Brea has agreed to purchase from Fullerton under the terms and conditions set forth in said contract the following percentages of interests in the portions of said Euclid. Avenue Trunk Sewer as indicated: Section II 16.61% Section III 15.68% Section IV 29.00% Section V 41.34% and WHEREAS, under existing joint agreements between the Cities and Sanitary Districts comprising the Joint Outfall Sewer, it is provided that no interest in said Sewer Line shall be sold or transferred without the written agreement of all the owners of said Sewer Line consenting thereto; and WHEREAS, the Cities of Fullerton and Brea have submitted said contract of October 24, 1952, to the Cities and Sanitary Districts who are the owners of said Euclid Avenue Trunk Sewer Line and have requested the approval and consent of each of them to said sale; and WHEREAS, it is necessary that the Cities of Anaheim, Fullerton and Orange, and the Buena Park, Garden Grove, La Habra and Placentia Sani- tary Districts enter into an agreement consenting to such sale. -1- NOW, THEREFORE, BE IT RESOLVED BY THE of the CITY ANAnIM that the sale of capacity rights by the City of Fullerton to the City of Brea in the Euclid Avenue Trunk Sewer Line as set forth in said contract dated October 24, 1952, be, and the same is hereby, approved and consented to; and BE IT FURTHER RESOLVED that that certain agreement, a copy of which is hereto attached, between the Cities of Anaheim, Fullerton, Orange, and Brea, and the Buena Part, Garden Grove, La Habra and Placentia Sanitary Districts be, and the same is hereby, approved and that the CITY OF ANAHEIM and the Clerk, of the CITY OF ANAHEIM CITY OT,A.NAREIM be, and they are hereby, authorized and directed to execute said contract for and on behalf of the THE FOREGOING RESOLUTION SIGNED and approved by me this loth day of March 1953. ATTEST: 6- (UV ty (:1 a rlr i CTTY pit rrm f" the CITY OF ANAHEIM f Mayo CITY OF ANNHEIM CITY COUNCIL Mayor of the of said of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF ANAHEIM 204 E. CENTER ST. ANAHEIM, CALIFORNIA 29 1 30 31 32 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a Regular meeting of the City Council of the City of Anaheim, held on the 10th day of l"laruh by the following vote of the members thereof: (SEAL) AYES: COUNCILMEN: Pearson, Wisser, Boney and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Keying. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the _10.th_.day of March. 19-63 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this __10.__day of Maxoh City Clerk o y Anaheim. Tbiz agreement a in tv€ nusa soutlI rly to Ellis Avexr e. ho ownership and capacity ri line are as follows: the City of Br11erton, a municipai corporation, nail the City of Brea amunicipal do ak 1:',a -.1p agreement is ,dr with reference t( he fai roT1 Stiller and certain in of ].f a citieo a7& ^E' nIn e Y,. 4. r ti. z a i o are the cvnors of a serer trunk line, t kno5" th Ac'.! l s"ux FV'F:': 5"a Said d clid3 Tru w extends from t12, n 3t' >Po; tion ef Euclid d t a oz Fa S;-rid Section II (on Vereno Ave, from Mil Ave. to Garden Grove Blvd.) Section III (Carden Grove Blvd. 3200 feet swath of Lincoln Ave.) Section IV (3200 Feet South of Lincoln Ave. to La Palma Ave.) Section V (La Palma Ave. to 0raugethorpe Ave.) ^9 0*p c divided into secticzis Ant of Seller In the various s sections ownership 3? 14 1 ;6.25 °075 55000 2.52 9 5.00 3.70 (b) Buyer desires to purchase from Seller•suffioient interest in 1i77 to enable Buyer to have the right to dischargs into said in 610,000 gallons of sewage per day. Seller is willing to sell such an intzreat to Buyer, under the terms and conditions herein set rt that Seller is only willing to sell cepaiity rights in Section IV of said line to the extent of 1)410,000 gallons per day. (c) Buyer intends to fimenco a line to comeet with the Roolid 7rik Sever by a general obligation bonds issue© TgFnentso 7 7. fM 4 :7 c!,x.ee interest, 7C7":1 scA.-1 rz.:1-c 2 25 ar 12,1ir.o. Z111: fll pe.77:ortt of th f :DUI:M, 954.„ vatil the yozehLlec hse, been ws-ia frIl. TaTT7,7a flc:1:hc An acYlitica, pay 'iltereet ca the minl.0 rollrso 7?)er sm'zicamc Fatter et pc•ytazts e.:17.7.1 be mcad nt tive eh1iczt:o,r1 shall b tr 7 7,3 13 fr a d ift r 3 Title end Romedi4Ne 31.11.am shall I:Ttalla tit te saa. :V,T Ugon the pvnamt of 4a16 azir1 win torsvally ocreesy i&td itrt to BUYER, ai,ould, tl.1 VIS4 tems of t1 aa'4oment r fail to maize the pe„vm ;;Ir) to be nada by BLITE3., snd should BUTZR further f 11 to rerm'oy Zi.efa:Alt 7ithin sixty (Go) days after receiving a written notice f' ALct, defanit, then MIER rd:2 elect to forfeit BUTMOS right this contract alne my retain. Mir strzz theretofore paid as liclidated in the o7ont c dr'of;7 o:T 077alla zay 7Tcrlwe avy other 7 pyn714104 by 7icnT4, Tiq 07.77 7c7L cAR27.Z.,1„ ADAMS Cler:7 '11.o„yr (ALA s CI,5 Depzty fr In 6atz ct .2to dL. cot: Vc07,74.v 2..ATZYWT 71KVI7G TO a7. YBE OIT1' eZ KiLLERTC& TO BREA OF AN IT IN TITA EUCLID Avz7a TBNX In5Z, by and amorg the CITY OF ANLEEIM, the CITY CF YOLLERTOL (heree!,e. =1 Yealertoe), the CITY OF ORANGE, tee CITY OF 23? (herein called 7 Breee, PA217 SANITART DI:STRICT, GARDEN' GROVE SANITARY DISTRICT, LA TJATA $ANY.7 at PLACEe' IA SANITARY DISTRICT. Thin agreement is made with reference to the following facts; (a) All of the parties to this agreement cenopt Brea own eae2te-es f,nteeez in and orate a sever trunk line known as the EaelleI Avenue Trank Sewer. (b) Atherton and Brea have entered into teo contracts dated October 24 1952, wherein Fullerton has agreed to sell and Brea hes agreed to le:um:lase feom Fullerton, under the terms and conditions eat forth in said contract, tie follewe.ng percentages of interest in the portions of said :RucliA Avenue Trunk Sewer av ledleafied: Section II 16.61% Section III 15.68% Section IV 29,00% Section V 41.34% (c) Under existing agreements among the parties to this agreement, other than Brea, it is provided that no interest in said sever line shall be sold or trans— ferred without the written agreement of all of the owners of said sewer line so THIS AGREMENT is entered into as of the dey cf 71,2,4•,,,,, providing, (d) Fullerton and Brea have submitted said contract of October 24, 1952, to the owners of said sewer line and have requested the consent of each of them to said sale, NOW, TUB:FORE, THE PARTIES HEREBY AGREE AS FOLLOWS: (1) The owners of the clid Avenue Trunk Sewer hereby consent to the &1 by Fullerton to Brea of an interest in said sewer line as provided for in said eeeeea4e:ee of ceeteb 2‘e, �r^^ d a net be :''A ai �3 SseG:. to w c. T _�c Brea shall be liable for Can. roes hereby ae'r ee to pey e r to taro of all eonts of mainta n e and operation of geld s e er liee lie and ter tha tins when Brea commences the `see thereof, upon the folio B rea' s oroperti note sha e of and liability for cost o seise o ex ;ye d operation n elan be determined by, and shall be tamed ven, they proportien which the glow of sewage placed in the above described property by Brea bears to the total low of es'»c a pieced is saR d property by all the uso-.8 thereof, and ue n the same beefs and formuls, as is aped in determining the shares of coots of maieeenance and r tiAn to be paid by all other v.e rs thereof. :,ale tenenee of the above eescribed property is defined as and e al/ be coT tree to Aeon, the repair and uekeep of the Same, whether it r egtiiree last a,l ,t. n of or replacement of new materials er not, if the repair and upkeep be ecea.sioned or made necessary solely through the use thereof, together with the reason ble and nec- essary costs of the removal of obstrictiono therefrom 4) Brea shall have the ceesal ate right to connect its proposed trunk and lateral sewer oyetem and lines into the above described Euclid Avenue Trani; Seer Diepoea'! System but shall not have the right to use said capacity or to discharge sewage into said oewage disposal system until such time as the ocean section and the lead cebtion to the existing pumping plant of the Joint Outfall Sewer located on e c Santa Ana River approximately 3000 feet from the ocean shore line is completed and ready for use. It is contemplated that said ocean and land section of said Taint Ottfall Sewer will be completed on or about the let day of July, 1954, but aha the parties hereto have no control over said construction. That the same ie done by the County Sanitation District. (0 It is further understood and agreed that if in the future after the ce plction of the ocean and land avc iono of the Joint Outfall Sower it should. betzmo acme OP to cyan „tract additional facilities to adequately handle, treat and l?apoeo wr2710:', Shar., 1,n ,,J7cAna uffieL.7, "M 2 ij (SAL) srm By CT7 OSL3ANM IEST°4 CITY OF uri, R7 (SEAL) ATTEST By And Mayor afirf Creirk ram ity Olerx. BUENA PARK SANITARY DISTRICT iiant GAEDEN GROVE SANITARY DISTRICT ....tmoslavenewarnex-,..marer s sa Secretary 1:5005 7f4tm oard oI Directorz r n .21IMSW.:4•9159111 16111111111.1.2. B (SPAL) And (SAL) Arad liBA ENUJY LaIT :Fred. c Board 7234:A077S WOOMVSIEVI•67:1192:MT9.11U5M0117MIP-2"er l7MTV*.1WISMIY*07.4.,n Socretsu PLACMTIA gANZIWAT DISTMOT Precideat o tt Bor. oi )tor eF• z;ectre uzy