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
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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
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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