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1954-2326RESOLUTION NO. 2326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT RELATING TO THE TRANSFER BY THE BUENA PARK SANITARY DISTRICT OF ORANGE COUNTY, CALIF- ORNIA TO TIIE 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, PROPERTY, EQUIPMENT AND FUNDS OF THE DISTRICT, AND APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT TO BE MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF BUENA PARK AND THE CITIES AND SANI- TARY DISTRICTS OF THE ORANGE COUNTY JOINT OUTFALL SEWER. WHEREAS, the Buena Park Sanitary District of Orange County, California has requested the consent of the Cities of Anaheim, Fullerton and Orange and the consent of the Garden Grove, La Habra and Placentia Sanitary Districts to the 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 of said District, property, equipment and funds of the District; and WHEREAS, the Buena Park Sanitary District and the City of Buena Park have entered into an agreement dated the 18th day of August, 1953, providing for the transfer of all rights, powers and duties, as therein set forth; 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 agree- ment 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 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 agree- ment 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, BE IT RESOLVED by the City Council of the City of Anaheim that the grant and_ transfer of 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 trans- fer 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 obliga- tions of the Buena Park Sanitary District to pay its proportion- ate share of the costs of the Magnolia Trunk Sewer, Pumping Plant and Force Main and its proportionate share of the costs of mainte- nance and operation thereof, 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 Sanitary District is not to be assumed by the City of Buena Park. AND BE IT FURTHER RESOLVED that that certain agreement, a copy of which is hereto attached, between the Cities of Buena Park, Anaheim, Fullerton and Orange, and the Buena Park, Garden Grove, La Habra and Placentia Sanitary Districts be, and the same is hereby, approved; and that the Mayor and the City Clerk of said City of Anaheim be, and they are hereby, authorized and directed to execute said contract for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is signed and approved by me this 12 day of January 1954. ATTEST: CITY CLERK OF THE CITY i 'ANAHEIM MAYOR OF THE CITY OF ANAHEIM 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 12th day of January, 1954, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Schutte, Wisser and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMAN: Heying. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 12th day of January, 1954. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of January, 1954. City Clerk of the i of Anaheim