1954-2585RESOLUTION NO. 258`
A PESOLLT N OF T_-'E CITY COUNCIL OF TrE CITY
OF ANAHEIA CALLING A SPECIAL ELECTION ON THE
4TH DAY OF JANUARY 19 5.
IN CERTAIN TERRITORY IN THE COUNTY OF ORANGE
CONTIGUOUS TO THE CITY OF ANAHEIM PROPOSED TO
BE ANNEXED TO AID CITY OF ANAHEIM PROVIDING
FOR THE HOLDING OF SUCH EL -CTION AND SUB-
MITTING TO TrE ELECTORS R: SIDING IN SUCH
TERRITORY THE QUESTION WHETHER SUCH TERRITORY
SHALL BE ANNEXED TO, INCORPORATED IN, AND
MADE A PART OF SAID CITY OF ANAHEIM, AND THE
PROPERTY IN SUCH TERRITORY BE, AFTER SUCH
ANNEXATION, SUBJECT TO TAXATION EQUALLY WITH
PROPERTY WITHIN THE CITY OF ANAHEIM TO PAY
ITS PRO RATA PORTION, BASED UPON ASSESSED
VALUATION, OF ALL THE BONDED INDEBTEDNESS OF
SAID CITY OF ANAHEIM OUTSTANDING ON THE 9TH_
DAY OF NOVEMBER 19 5L. OR
THERETOFORE AUTHORIZED: DESCRIBING SAID
TERRITORY AND DESIGNATING IT BY THE NAME OF
"NUTWOO1 -RAT,L ANNF;XATIQN't
ESTABLISHING AN ELECTION PRECINCT AND POLL-
ING ?LACE IN SAID TERRITORY, APPOINTING THE
OFFICERS OF ELECTION FOR SAID SPECIAL ELECT-
ION AND PROVIDING FOR TAE PUBLICATION OF
NCTICE OF SUCH ELECTION.
TEREAS, the City Council of the City of Anaheim did on
the 9th day of November 19 54 receive a written
petition asking that certain new territory described in said
petition be annexed to the City of Anaheim; and
WHEREAS, said territory so proposed to be annexed to
said City of Anaheim is situated in the County of Orange, State
of California, and is contiguous to the City of Anaheim, and said
petition contains a description of said territory in worth and
figures as hereinafter in this resolution described; and
WHEREAS, said petition is signed by not less than one-
fourth of the qualified electors residing within the territory
hereinafter described, as shown by the County Registration of
Voters; and
JHEREAC, said new territory proposed to be annexed to
said City of Anaheim does not form a part of any municipal corpor-
ation, and more than twelve (12) qualified electors resided within,
the boundaries of the territory proposed to be annexed at the
time of the filing of said petition for said annexation, and said
electors are bona fide residents of said new territory and said
territory is inhabited; and
WHEREAS, on the 9th day of November 19 541
the City Council of the City of Anaheim did adopt its Resolution
No. 2558 declaring its intention to call a special election and
fixing a date thereof, and giving at least fifty (50) days notice
thereof, and of its intention to submit the question of annexation
to the electors residing in the territory described in said
written petition, which resolution did specifically describe the
boundaries of the territory proposed to be annexed, and designate
the territory by the name of "NUTWOOD -BALL ANNEXATION"
by which it hould be referred to
upon the ballots used at the election, and did contain a notice
of the day, hour and place where any person owning real property
within said territory could appear before the legislative body of
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ttie City of Anaheim and show cause why such territory should not
be annexed to the City, and the City Council did find and deter-
mine that the proponents who filed said petition for annexation
had done and performed all o} the things required to be done and
performed by the Annexation Act of 1913 (Title IV, Division 2,
Part 2, Chapter 1, Articles 1 to 4, inclusive, of the Government
Code of the State of California) and did further find that all
of the provisions of said Annexation Act of 1913, as amended, re-
quired to be complied with before the adoption of said resolution
had been complied with prior to the adoption thereof, which re-
solution was duly published once a week for two weeks prior to the
hearing in a newspaper of general circulation published in the
City of Anaheim, there being no newspaper of general circulation
published in the territory proposed to be annexed.
'.dHEREAS, said City Council did, pursuant to its Reso-
lution No. 2558 hold a public meeting and hearing on the 30th
day of November 19 5. at the hour of 1 °p: 30 o'clock
A.M. in the City Council Chamber of the City Hall of the City of
Anaheim, the date fixed in said resolution as the day, hour and
place when and where any and all persons owning real property
within the boundaries of the territory so proposed to be annexed
and having any objections to the proposed annexation, might appear
before the City Council of the City of Anaheim and show cause
why such territory should not be so annexed, which said Resolution
did notify all persons having any objections to such proposed
annexation to appear on said date at said hour and place to show
cause, if any they had, why such territory should not be annexed,
and further notifying such persons that any protests against the
calling of an election to submit to the electors residing within
said territory the question of annexation to the City of Anaheim,
and any protests against the annexation of said territory to the
City of Anaheim must be in writing and filed with the City Clerk
of the City of Anaheim not later than the hour and'date set forth
in such resolution for the hearing of objections to said election
and the annexation of said territory to the City of Anaheim,
which said resolution was duly published once a week for two
successive weeks prior to the date fixed for the hearing of pro-
tests and objections to said election and annexation of said
territory to the City of Anaheim, in the Anaheim Bulletin, a news-
paper of general circulation published and circulated in the City
of Anaheim, County of Orange, State of California; and
WHEREAS, at said public hearing held on the 30th day of
November 19 54 the City Council of the City of
Anaheim did hold a hearing tc hear all written protests thereto
fore, filed objecting to the calling of said special election or
the annexation of said territory hereinafter described to the City
of Anaheim, and the City Council does hereby find that written
protests were not made by the owners of a majority of the separate
parcels of property within the territory proposed to be annexed;
and
WHEREAS, said petition contains a request that the City
Council of the City of Anaheim call a special election to be held
in said territory thereby proposed to be annexed to said City of
Anaheim and giving notice thereof as required by law, and to sub-
mit to the electors residing within said territory the question
whether said new territory shall be annexed to, incorporated in,
and made a part of the City of Anaheim, and said petition also
contains a request that the question to be submitted at such
speaial election to the electors residing within said new terri-
tory shall be whether said new territory shall be annexed to, in-
corporated in, and made a part of said City of Anaheim, and the
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property therein be, after such annexation, subject to taxation
equally with the property within the City of Anaheim, to pay its
pro rata share, based upon assessed valuation, of all bonded in-
debtedness of the City of Anaheim outstanding or authorized at the
date of the filing of said petition, to wit November 9,
19 5L
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that a special election be and the same is
hereby, called to be held on Tuesday the L.th day of
January 19 in said new territory mentioned
in the petition aforesaid and hereinafter more particularly de-
scribed, and proposed to be annexed to the City of Anaheim, for
the purpose of submitting to the electors residing in said new
territory the question whether the said new territory shall be
annexed to, ifcoroorated in, and made a part of the City of Ana-
heim and the property therein be, after such annexation, subject
to taxation equally with the property within said City of Anaheim,
to pay its pro ra share, based upon aBses valuation of all
of the bonded ebtedness of said City of ia'_heim outstanding
on the 9th day of November 19 or theretofore
authorized,
The new territory in which such special election is
hereby called and shall be held, is situated in the County of
Orange, State of California, the boundaries of which are described
as follows:
A parcel of land being a portion of Sections 19 and 20,
Township 4 South, Range 10 West, San Bernardino Base and
Meridian, and more particularly described as follows:
Beginning at the most southwesterly corner of the proposed
Orange Avenue Annexation to the City of Anaheim, said point
also being the most southwesterly right -of -way corner of Brook
hurst Street (60 feet wide) and Ball Road (60 feet wide); thence,
1. Easterly along southerly line of said proposed Orange
Avenue Annexation and the southerly right -of -way line of said
Ball Road and its westerly prolongation across said Brookhurst
Street to the most southeasterly right -of -way corner of said
Ball Road and Nutwood Street (40 feet wide); thence,
2. Southerly along the easterly right -of -way line of said
Nutwood Street to an angle -point in said right-of-way line;
thence,
3. Westerly along said right -of -way line to an angle -point
in said right -of -way line; thence,
4. Southerly along said easterly right -of -way line of
Nutwood Street to the most northeasterly right -of -way corner of
Cerritos Avenue (40 feet wide) and said Nutwood Street; thence,
5. Continuing southerly along the southerly prolongation of
the said easterly right -of -way line of Nutwood Street to the
easterly prolongation of the southerly line of that 10.22 acre
parcel of land owned by Jammie Rosa and Mary H. Rosa, husband and
wife, as shown on a deed thereof in Book 2653 at Page 291, Of-
ficial Records, Orange County; thence,
6. Westerly along said southerly line of 10,22 acre parcel
and its easterly prolongation across said Nutwood Street to a
point in the easterly boundary line of Tract No. 2015 as shown
on a map thereof in Book 58 at Pagesl6 and 17, Miscellaneous
Maps, Records of Orange County; thence,
7. Northerly along said easterly boundary line of Tract
No. 2015 to the most northeasterly corner of said Tract No.
2015; thence,
8. Westerly along northerly boundary line of said Tract
No. 2015 and its westerly prolongation across said Brookhurst
Street to the westerly right -of -way line of said Brookhurst
Street; thence,
9. Northerly along said westerly right -of -way line of said
Brookhurst Street to the point of beginning.
AND BE IT FURTHER RESOLVED that the polls of said
election shall be opened at 7:00 o'clock A.M. of the day of said
election and shall remain open continuously from said time until
7:00 o'clock P.M. of the same day, when said polls shall be
closed, except as provided in Section 5734 of the Elections Code
of the State of California.
AND BE IT FURTHER RESOLVED that at said special elec-
tion the question whether said new territory shall be annexed
to, incorporated in, and made a part of the City of Anaheim, and
the property in said new territory be, after such annexation sub
ject to taxation equally with the property within the City of
Anaheim, to pay its pro rata portion, based upon assessed valu-
ation, of all of the bonded indebtedness of said City of Anaheim
outstanding on the 9th day of November 19 54, or there-
tofore authorized, shall be submitted to the electors residing
in said new territory so proposed to be annexed to said City of
Anaheim.
That said new territory hereinbefore and in said
petition for annexation described is hereby designated as
NUTWOOD -BALL ANNEXATION" and
said territory shall be indicated and referred to by the name of
NUTWOOD -BALL ANNEXATION upon the
ballots to be used at said special election, at which the ques-
tion of such annexation of said territory to the City of Anaheim
is submitted to the electors of said territory, and the name
'rNTTWQ0D -BALL ANNEXATION "T whenever
used in the notice of said special election hereby called in said
territory, and any and all proceedings for the annexation of said
territory to the City of Anaheim shall mean and shall be con-
strued to mean the territory hereinbefore and in said petition
described, and so proposed by said petition to be annexed to said
City of Anaheim.
That on the ballots to be used at said special election
in addition to any other matters required by law, there shall be
printed substantially the following:
MARK CROSS (-1k) ON BALLOT ONLY WITH RUBBER STAMP:
NEVER WITH PEN OR PENCIL.
(ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK
OR PENCIL.)
INSTRUCTIONS TO VOTERS
To vote on any measure, stamp a cross in
the voting square after the word "YES" or after
the word N0" All marks, except the cross
are forbidden. All distinguishing marks or
erasures are forbidden and make the ballot void.
On absent voter's ballots mark a cross with
pen or pencil.
If you wrongly stamp, tear or deface this ballot,
return it to the inspector of election and ob-
tain another.
i EAS>URZ: SUBMITTED TO VOTE OF VOTERS
:Shall NUTWOOD -BALL ANNEXATION
:be annexed to the City of- .naheim, Califor
:nia, and the property in said YES
.NJTWOOD -BALL ANNEXATION be, after
:such annexation, subject to taxation equal
:ly with the property within said City of
:Anaheim, to pay its pro rata portion, based:
:upon assessed valuation, of all bonded in-
:debtedness of said City of Anaheim outstand- NO
:ing on November 9 19 54 or
:theretofore authorized?
A cress placed in the voting square after the word
"YES" in the manner hereinbefore provided shall be counted in
favor of the adoption of the proposition or measure. A cress
placed in the voting square after the word "Nn" in the manner
hereinbefore provided shall be counted against the adoption of the
proposition.
The qualified electors residing in said new territory so
proposed to be annexed to said City of Anaheim are hereby directed
to vote upon the question of the annexation of said territory to
the City of Anaheim and the subjection of said territory, after
annexation, to taxation equally with the property within said City
of Anaheim, to pay its pro rata portion, based upon assessed
valuation, of all bonded indebtedness of said City of Anaheim out-
standing on November 9 19 54 or theretofore author-
ized, by stamping a cross f) in the voting square after the word
"YES" on the ballots to be used in said election, or by stamping
a cross in the voting square after the word "140" on such ballots.
If an elector shall stamp a cross in the voting square after
the printed word "YES the vote of elector shall be counted
in favor of said territory being annexed to, incorporated in, and
made a part of the City of Anaheim and the property in said terri-
tory be, after such annexation, subject to taxation, to pay its
pro rata portion, based upon assessed valuation, of all bonded
indebtedness of said City of Anaheim outstanding on
November 9 19 54 or theretofore authorized; and if an
elector shall stamp a cross (4-) in the voting square after the
printed word "NO the vote of such elector shall be counted
against such annexation.
AND BE IT FURTHER RESOLVED that for the purpose of hold-
ing said election there shall be, and here is established, one
election precinct designated as hereinafter stated. The polling
place for said precinct shall be the place hereinafter designated
and the persons hereinafter named, being competent and qualified
electors and residents of said territory and of said election
precinct, are hereby appointed officers of election and they shall
hold said election and make return thereof in the manner provided
by law.
NUTWOOD -BALL ANNEXATION voting pret
cinet shall consist of all of said above described territory pro-
posed to be annexed to the City cf Anaheim for the purpose of
holding said election.
Polling Place: R. D. Taylor Office Bldg., 10192 Ball Rd.,
Orange County, California
Inspector: Nicholas J. Stehly
Judge: Nina V. Taylor
Judge: Ethel L. Light
Except as otherwise provided in this resolution, said
election hereby called shall be conducted as provided by law for
municipal elections in the City of Anaheim and the Annexation Act
of 1913 (Statutes 1913, Chapter 312, Title IV, Division 2, Part 2,
Chapter 1, Articles 1 to 4 inclusive, of the Government Code of
the State of California) and all acts amendatory thereof and
supplementary thereto.
AND BE IT FURTHER RESOLVED that the City Clerk of the
City of Anaheim be, andshe is hereby, authorized and directed to
give notice of said special election by causing a notice thereof
to be published once a week for four (4) successive weeks prior
to the lath day of January 19 55 in the
_r•r a newspaper of general circulat-
on printed and publis e• outside of the City of Anaheim, but in
'.he County of Orange, in which the territory so proposed to be
are oxed to the City of Anaheim is situated. Such notice shall
distinctly state the date of such special election, the measure
Or proposition to be submitted at such special election, to wit:
That it is proposed to annex to, incorporate in, and make a part
of said City of Anaheim the aforesaid territory sought to be
annexed and shall specifically describe the boundaries thereof,
and that after such annexation, such territory shall be subject
to taxation equally with the property within said City of Anaheim,
to pay its pro rata portion, based upon assessed valuation, of
411 bonded indebtedness of said City of Anaheim outstanding on
the 9th day of November 19 5)4 or theretofore
authorized. Such notice shall distinctly designate said terri-
tlry proposed to be annexed to said City of Anaheim as "NUTWOOD-
LL ANNEXATION," as the name by which such terri-
tory shall be indicated upon the election ballots; that such
notice shall instruct the electors how to vote at said special
election; that with respect to the assumption of bonded indebted-
ness 8415, notice shall:
1. State distinctly the proposition to be submitted.
Specify the improvement or improvements for which
the indebtedness was incurred or authorized.
3. State the amount or amounts of such indebtedness
Outstanding at the date of the first publicat-
�cn of the notice.
4 State the amount authorized to be represented
by nds to be issued.
5. State the maximum rate of interest payable or to
be paya:,le on the indebtedness.
Such notice shall designate the election precinct, the place at
wry ch the polls will be open, and the hours at which such polls
will be open for such election in said new territory as establish-
ed by this resalution. In such notice, the qualified electors
residing in said new territory so proposed to be annexed shall be
directed to vote u2on the question of annexation as hereinabove
provided.
AND BE IT FURTHER RESOLVED that immediately upon the
closing of the polls, the election officers for said election
precinct hereinabove designated shall count the ballots, make
up, certify, and seal the ballots and tally sheets of the ballots
cast, and deliver them with the returns, to the City Clerk of
the City of Anaheim; that, at its next regular meeting held at
least three days after the election, the City Council shall can-
vass the returns. The canvass shall be completed at the meeting
if practicable, or as soon as possible, avoiding adjournments.
Immediately upon completion of the canvass, the legislative body
shall cause a record to be entered upon its minutes stating the
proposition submitted, the number of votes cast, and the number
of votes cast for and against annexation and that thereafter the
City Council shall take and conduct such further proceedings
as are provided for in the Annexation Act of 1913 and acts amend-
atory tliereof and supplementary thereto, hereinabove referred to.
THE FOREGOING RESOLUTION is approved and signed by me
this 30th day of November 19 54
ATTEST:
CITY CLERK
r TUE CITY OF ANAHEIM
STATE OF CALI.FOPNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I DENE M. WILLIAMS
City Clerk of the City of Ana-
helm, do hereby certify that the foregoing resolution was intro-
duced and adopted at an adjourned regular meeting provided by
law, of the City Council cf The City of Anaheim, held on the 30th
day of November 19 54 by the following vote:
ALES: COUNCILMEN: Fry, Schutte, Wisser and Van Wagner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Pearson.
AND I FURTHER CERTIFY that the Mayora`of the City of
Anaheim aoproved and signed said resolution on the 30th day of
November 19 54
IN WIT! IESS /1- ER OF, I nave hereunto set my hand and
affixed the official seal of the City of Anaheim this 30th day
of November. 19 54
(SEAL)
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Al
CITY CLERK OF HE CITY OF ANAH