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1951-18251 0 11 12 13 14 15 17 18 19 22 23 24 25 26 27 28 29 30 31 32 3 6 7 8 9 WHEHAS, the Cities of Anaheim, Fullerton, Orane and Sant. Anz an‘'_i the Sanitary Districts o Euena Park, Garden Grove, La Habra and Placentia, hereinafter reerred to as lite Sellersu, and each of them are owners o certai_n undivided fractional inter- etc in certain parts of property hereinafter described and com- monly known as Section One of the Jolnt Outfall Sewer of Orange County, California, and hereinafter sometimes referreL to as Iv:Section C:nen, and in certain egulpmht, supfaies and. ()then per- sonal proorty used, or to be osed, in the c)ezatin of ccid oecion fall Sewer and are treatikj and carryins away therein cewaL:e arisii !ithin their respective areas; and. ;LEREAS, County Sanitation 1 Nos. 1, 2, 3 5 b, c: 11, hereinafter referred to az 7, orL;anized for o acquirinL; said Section one of said Joint Outall Sc'wer an after the acauicition thereof, of providin throult said sewer and enlarged facilties to be con structed b.r said Buyers for the treatment and carryinL; into the ocean and disposal o 11 sewa arisin within the boundaries o Sellers; and ciiDre are to sell said Section One to eei buyers at the Yriees and u7Dn th.e terms and conditions set forth in herein and made a part hel7sof, Puyers desire to accTo.irc all said 1)T0 at the prices a upon the terms t7ne7cein stated.; cnd '."=AS, said 1: aTe to exoand szjJa facilities ac- dred &:nd D1OaIdC ddiVonall fcoilitiec for t15 troctment or dis- RESOLUTION M.'. A Ri;SOLT=N CY TEE CITY COUNCIL O:1' -r: CITY OF ANAHEIM AUTHRIZING SALE 02 ITS IITTERST IN T--- ONE THE J3TNT CU'22 SEWE:H C: 00UNTY, CALL TC;. CC)UNTY SANITATICr: LIS- mIT(Nrms rTT 7T7 S IX, SEVEN ATTID o ELEVEN, FIXI NG T_Jalis OF SALE An APPROVI1 FORL OF CONYRACT AND AUTHORIZINJ- THE MAY AND CITY CLERK TO EXECUTL SAII) CONTRACT. and are et the present time operati Out- kjreement hereto attached anid. by reference incorporate •X)Eal OZ 2c2wae so tht at all times tne facilities of said Zuyers shall be a,dcqu.ate to veceive, treat Liid dispo;ce of sewase arising 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 31 32 within the boundaries ef Buyers and Sellers; and WH.LeAS, Buyers axe to receive all sewage arisin within the boundaries of Sellers or any thereof, and said. Buyers ere to treat and dispose of such sewage in full oompliance with all of the laws and. regul ation s of the State of California, or any division, deoartment, or veblic corporation thereof, relating to the public health or to the treatment and disposal of sewage, and in any event so that such sewage shall not constitute a nuisance; and WE'LHEAS, bonds of each of said County Sanitation Di riots were voted on February 23, 1949, for the construction of additional sewage treatment end disposal facilities and in, County Ssnitstion Districts Nos. 1, 5, 3 and 11, in part, for the ac- quisition of said Section ne, tne ourposes of said bond issues being stated in the and oroceedirees and set forth in reports prepared by Vinton W. Bacon and on file in the offires of the districts, but since the arthorization of said Bonds of Buyers prices have advanced and there is doubt as to whether Buyers can build the necessary proposed facilities and pay for the same from the amounts of such bends heretofore voted, and in that event it is desirable that the agreement hereby authorized should be sub- ject to termination; and EeetEAS, omblio health ElEic.es it necessary also for liers immediately tn build certain additions to seid Section Ons, and it is the i'n'c,ention of Sellers to cell sEid adLittonc1 fr,ellitic to Euycrs of 'flyers to buy such fLe- ilities upon the ters oonitions set forth in the 4.f,reement hereto attached :ITLC. by reference mae a uait of this aetolti,;n; 2- hthS, durind the time that aayors are constructing additional facilities for the treatment and disposal of sewage, it will be necessary for Sellers to maintain and operate said. Section One, and in such event li may be necessary to make ad- ditions thereto or replacements of some oortion or portions thereof 2 a. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 29 30 31 32 to comply with orders of the State Department of Public Health or otherwise aotually necessary, and in such event it is reasonable and desirable for Buyers to purchase same from Sellers and that the contract provide therefor; and WHEREAS, the sale of the bonds of the County Sanitation Districts cannot ce made until such contract is entered into, and rapidly rising prices make it desirable that the bonds be sold and construction work done before the prices become so high that the bond funds are insufficient to meet the conditions, and the Sell ers and. Buyers desire to expedite the proceedings as rapidly as pos- sible but with all safeguards necessary for each; and WHEREAS, prior to the formation of the County Sani- tation Districts above mentioned, a so-called declaration of policy resardin;7 the formation of County Sanitation Districts Nos. 2, 3 and 7 was signed by engineers, representatives of cities and sanitary districts, and representatives of various civic or- ganizations, and approved by members of the Board of Supervisors of the County of Orange on June 148, and such declaration of policy provided that for a period of forty years the tax rate in County Sanitation District ro. 2 shall not exceed 100; in County Sanitation District No. 3 shall not exceed 120; and in County Sanitation District No. 7 shall not exceed 100, for each ,100.00 assessed valuation, and that no bond issue shall be pro- posed for a vote of the 'people which would require higher tax rates than aforesaid; and =LAS the proceedings for the foration of said County Sanitation Districts Nos. 2, 3 iC. 7 contained no reference to such limited tax rates, but in the proceedings for the author- ization of the bonds of such districts the eni,ineer s reports mentioned the limited tax rate and the limited participation plan, and such enineer s reports provided that payment by County Sanitation District Nos. 2, and 7 of the 'purchase price of 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 29 30 31 32 said Section One was to be made from surplus funds reised by the limited tax rate after payments had been made o the principal and interest requirements on all outstanding bonds of the districts and WHEREAS, after Section One has been taken over by the County Sanitation Districts it will be their duty under the County Sanitation District Act to adesuetely treat end dispose of all serwae delivered into said Section Une or into other aoi1itje to be orovided by said County Sanitation Districts and to expand and enlarge said facilities, if necessary, in order to handle the sewage arising within the boundaries of the Buyers and Sellers, and it will be impraeticable for Sellers to resume control of said. Section One or to provide other or additional means of treating and disposin of their sewage, end the County Sanitation Districts are to provide all necessary facilities and to maintain and oper- ate the same so that the sewage isin within the boundaries of Buyers and. Sellers may at no time endanger the public health through lack of proper facilities or treatment which is to be provided by the County Sanitation Districts; and WHEREAS, the City Council of the City of Anaheim finds that the sale of the undivided fractional interest owned by the City of Anaheim in said Section One of the Joint Outfall Sewer of Orane County, California, would be for the best interest and welfare of the citizens and tax payers,and all persons concerned, of the City of Anaheim, and that such sale should be made for the orice and upon the terms and conditions as set forth in the Agreement hereto attached, and by reference incorporated in and made a part of this Resolution. NOW, THEREFORE, B. IT Rii:SOLVED by the City Council of the City of Anaheim that the undivided fractional interest owned by the City of Anaheim in Section One of the Joint Outfall Sewer of Orange County, California, be sold to County Sanitation 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Districts Nos. 1, 2, 3, 5, 7 and 11 in the proportions, for The prices and upon the terms and conditions set forth in the i%greement hereto attached, which is hereby approved; and hJ IT FURTHER RES0L7ED that the Mayor and the City Clerk of the 'City of Anaheim be and they axe hereby authorized an (ir- ected to execute said A6reement for and on behalf of the City of Anaheim, THE FOREGOINa RESOLUTION is co-roved and signed by me this J of C8.4... 42. 147 ArnrrlriM, STATE OF CALI..70RNIA COUNTY OF aRANGE CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM I, CHARLES E. aRTFCITH, City Clerk of the City of Anaheim do hereby certify that the foregoing Resolution was passed au adjourned. and adopted at V_ reLT:ular meetinF of the City Council of the City of Anaheim held on the 6th day of March follorin, vote of the members thereof: YEAS: COUNCILMEN: Pearson, Wieser, Heying, Honey and Van Wagoner NOES: CIAIMILHEN: None COUNOILM I r None And I further certify that the Mayor oi the City of Anaheial si0ned and a)roved scid Resolution on the 6th day of March -5- 1851. 1851 by the