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1953-2253RESOLUTION NO. 22E A R.ESOLUTTeN OF THE CITY COUNCIL OF TnE CITY OF ANAHEIk CALLING A SPECIAL ELECTION ON THE 6th DAY OF NOVEMBER 19 53 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 "UCH ELECTION AND SUB- MITTING TO Ti-E ELECTORS R: SIDING IN SUCH TERRITORY THE QUESTION jti'HETHER 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 ECUALLY 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 TJE 8th DAY OF SEPTEMBER 19 53 OR THERETOFORE AUTHORIZED: DESCRIBING SAID TERRITORY AND DESIGNATING IT BY THE NAME OF GILBERT STREET ANNEXATION; :STABLISHII`G AN ELECTION PRECINCT AND POLL- ING :LACE IN SAID TERRITORY, APPOINTING THE OFFICERS OF ELECTION FOR SAID SPECIAL ELECT- ION AND PROVIDING FOR TIE PUBLICATION OF I\CTICE OF SUCH ELECTION. TEREAS, the City Council of tne City of Anaheim did on the 8th day of September 19 53 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 words 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 IHERFA1, 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 gt day of September 1953, the City Council of the City of Anaheim did adopt its Resolution No. 2237 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 tMAERT STREET_ ANN. XATIQN by which it =•hould be referred to upon the ballots used at the election, and did contain a notice of tne day, hour and place where any person owning real property within said territory could appear before the legislative body of -1- trio 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 of 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. WHEREAS, said City Council did, pursuant to its Reso- lution No. 2237 hold a public meeting and hearing on the 28th day of September 19 53 at the hour of 8:00 o'clock P.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 tney 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 28th day of September 19 53 the City Council of the City of Anaheim did hold a hearing tc hear all written pretests 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 epecsial 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 -2- 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 September 8, 19 53 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 ptiday the 6th day of November 19 53 it paid 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 now territory the question whether the said new territory shall be annexed to, incorporated 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 rate share, based upon aseesrted v ivatior, of all of the bondeed i nr ebtedness of said City of 11,,taheim ou a aril ink, on no 5th day of September 19 53 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: All that territory situated in the County of Orange, State of California, the boundaries of wilich are more particularly de- scribed as follows, to wit: A tract of land lying within Fractional Sections 5 and 6 of Township 4 South, Range 10 West, San Bernardino Base and Meridian and Sections 7, 8, and 18 of Township 4 South, Range 10 'lest, San Bernardino Base and Meridian Fractional Sections 1 of Town- ship 4 South, Range 11 West, San Bernardino Base and Meridian and Section 12 Township 4 South, Range 11 West and more particu- larly described as follows: Beginning at an angle point on the existing City Limits Line as described in the Houston Avenue Annexation to the City of Anaheim annexed by Ordinance NQ. 830 adopted January 13, 1953, said point being at the intersection of the South right --of -way line of La Palma Avenue and the Southerly prolongation of the West property line of that parcel described as the ~West 10 acres of the Last of the Southwest 4 of Section 5, T4S, R1OW, SBB and M, thence along the existing City Limits Line as follows: Northerly 2445 feet more or less, to an angle point; thence westerly 1300 feet more or leas to an angle point; the&Ice southerly 40 feet more or less to an angle point; thence wester- ly 4760 feet more or less to an angle point, said point being on the Northeast right -of -way line of the Santa Ana Freeway; thence southwesterly 225 feet more or less to an angle point; thence northwesterly 260 feet along a line parallel to the Santa Ana Freeway; thence southerly to the North right -of -way line of La Palma Avenue; thence westerly along the North right- of-way line of said La Palma Avenue 210 feet to a point on the east right -of -way line of Magnolia Avenue, said point also being the most southwesterly corner of the Houston Avenue Annexation; thence Westerly along the North right --of -way line of said La Palma Ave- nue to a point; said point being the intersection of the North right -of -way line of said La Palma Avenue and the northerly pro- longation of the west property line of that parcel of land de- scribed as the northeasterly 9.23 acres of the Northeast 4 of the Northeast 4 of Section 12, T4S, R11W, SBB and M; thence, Southerly along said West property line and its northerly pro longation 732 feet more or less to the South property line of said parcel; thence, Easterly along said South property line and its easterly pro- longation to the East right -of -way line of Magnolia Avenue; then( Southerly along said East right -of -way line of kagnolia Avenue to the North right -of -way line of Crescent Avenue; thence, Easterly along the northerly right -of -way line of said Crescent Avenue a distance of 1171.2 feet, more or loss, to a point, said point being on the northerly prolongation of the west lid„ of E of SW of Section 7, T4S, R1OW, SBB and.M, thence, Southerly along said west line and its northerly prolongation 2708.04 feet, more or leas to the southerly right -of -way line of Lincoln Avenue; thence, ,esterly along the southerly right -of -way line of said Lincoln Avenue, a distance of 651.85 feet, more or less, to y point on the went line of tne E* of tne Nov t of th.. NW 4 Section 18, T4S R1OW SBB and M; thence, 4 Southerly along said west line and its southerly prolongation a distance of 1322.84 feet, more or less, to the south right of -way line of Broadway; thence, Westerly along the south right -of -way line of said Broadway to the NE corner of Tract No. 25 as shown on a map thereof recorded in Book 9, page 28 M.M. Records of Orange County, thence, Southerly along the easterly line of said Tract No. 25 a distance of 581.80 feet to a point; thence, Easterly a distance of 596.36 feet, more or less, to a point on the west line of SE 4 of NW i of Section 18 T4S, R10W, SBB and M, said point also being 581.80 feet, southerly from the south right -of -way line of Broadway; thence, Southerly along the said west line a distance of 74.40 feet, more or less, to the SW corner of the northwesterly 10.31 acres of the SE* of the NW* of Section 18, T4S, R10W, SBB and M; thence, Easterly along the south line of said 10.31 acre parcel a dis- tance of 662.81 feet more or less, to a point on the west line of the E i of SE 4 of NW of Section 18 T4S, R10W, SBB and M; thence, Southerly along said west line a distance of 701.83 feet, more or less, to the north right -of -way line of Orange Avenue; thence, Easterly along the north right -of -way line of said Orange Avenue to the northwest corner of the intersection of the north line of said Orange Avenue and the west line of Gilbert Street; thence, Northerly along the westerly right -of -way line of said Gilbert Street a distance of 5357.00 feet more or less to the northwest corner of the intersection of the west line of said Gilbert Street and the north line of Crescent Avenue; thence, Easterly along the north right -of -way line of said Crescent Avenue a distance of 2000 feet, more or less, to a point of intersection with the easterly line of W a of SE 4 of NE, i of Section 7 T4S RlOW, SBB and 14; thence, Northerly along said easterly line a distance of 1305.94 feet more or less, to a point of intersection with the north line of S i of NE of Section 7, T4S, R10W, SBB and M, thence, Westerly along said north line and its westerly prolongation a distance of 2000 feet, more or less, to the west right -of -way line of said Gilbert Street; thence, Northerly along the westerly right -of -way line of said Gilbert Street a distance of 1351.96 feet, more or less, to the north west corner of La Palma Avenue and Gilbert Street, thence, Easterly along said North right -of -way line of La Palma Avenue to a point of intersection with the southwesterly right -of -way line of the Southern Pacific Railway Company; thence, Southeasterly along the said southwesterly right -of -way line of the Southern Pacific Railway Company to a point; which point is the intersection of the southwesterly right -of -way line of the Southern Pacific Railway Company and the westerly prolongation of the South line of the Allison Honor Annexation annexed to the City of Anaheim by Ordinance 837 adopted February 24, 1953; thence, 5 Easterly along the westerly prolongation of the southerly line of said Allison -Honer Annexation to a point, said point being the extreme southwesterly corner of tho said Allison -Honer Annexation, said point also being on the Northwesterly right of -way line of the Santa Ana Freeway; thence, Northwesterly along the northwesterly right -of -way line of said Santa Ana Freeway and the southwesterly lino of the said Allison goner Annexation to a point on the easterly right of-way line of Brookhurst Street; thence, Continuing along the southwesterly line of the Allison -Honer Annexation a distance of 31.94 feet more or less to an angle point, thence, 541 feet, more or less, northerly along said easterly right -of- way line of Brookhurst Street and the westerly line of the Allison -Honer Annexation to a point on the Southerly right -of- way line of La Palma Avenue, said point also being the northwest) corner of the said Allison -Honer Annexation; thence, Easterly along the South right -of -way lino of said La Palma Avenue and the North line of the Allison -Honer Annexation to the point of beginning. 6 AND BE IT FURTHER RESOLVED that the polls of said election shall be opened at 7:00 olclock A.I'i. of the day of said election and shall remain open continuously from said time until 7:00 o s 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 8th day of September 19 53 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 GILBERTTREET ANNEXATION" and said territory shall be indicated and referred to by the name of GILBERT RTBF7T AW!T1XATION 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 "QILBERT STREET ANNEXATION," 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 (.11r) ON BALLOT ONLY WITH RUBBER STAl.i 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 (-f) in the voting square after the word "YES" or after the word NO" All marks, except the cross (4 are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear or deface this ballot, return it to the inspector of election and ob- tain another. On absent voterls ballots mark a cross with pen or pencil. 7 MT,ASURZ SUBMITTED TO VOTE OF VOTERS :Shall "GILBERT STREET ANNEXATION" :be annexed to the City of S:naheim, Califor :nia, and the property in said "GILBERT STREET ANXATIONn 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- :ing on September 8 19 53 or :theretofore authorized? 8 YES NO 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 cross placed in the voting square after the word "NO" 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 uron assessed valuation, of all bonded indebtedness of said City of Anaheim out- standing on _September 8 19 or theretofore author- ized, by stamping a crosses +l 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 'd0" on such ballots. If an elector shall stamp a cross (f) in the voting square after the printed word "YES the vote of "such 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 September 8 19 53 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, "GIL$ERT STREET ANNEXATION" voting pre cinct 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: George L. Lyons' Garage 8356 Gilbert Street, Orange County, Calif. Inspector: Mrs. Lawrence J. Kelly Judge: Judge: Mrs. Mackey M. Lyons Mrs. Emma H. Nichols 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, and he 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 6th day of Novemigr 19 53 in the Courier a newspaper of general circulat- ion printed and published outside of the City of Anaheim, but in '.he County of Orange, in which the territory so proposed to be annexed 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 X11 bonded indebtedness of said City of Anaheim outstanding on the 8th day of September 19 53 or theretofore authorized. Such notice shall distinctly designate said terri- ttry proposed to be annexed to said City of Anaheim as "GILBERT SUREET ANI XATION" 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 sift notice shall: 1. State distinctly the proposition to be submitted. d.■ 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- ion of the notice. 4. State the amount authorized to be represented by Londe to be issued. 5. State the maximum rate of interest payable or to be payable on the indebtedness. Such notice shall designate the election precinct, the place at wiz ch the polls will be open, and the hours at which such polls will be open for such electicn in said new territory as establish- ed by this resolution. In such notice, the qualified electors residing in said new territory so proposed to be annexed shall be directed to vote upon the question of annexation as hereinabove provided. x 9 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 ba1lots, 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 thereof and supplementary thereto, hereinabove referred to. THE FOREGOING RESOLUTION is approved and signed by me this 6th day of October 19 53 ATTEST: STATE OF CALI.FONIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) I, CFARLES E. GRIFFITH, City Clerk of the City of Ana- heim, do hereby certify that the foregoing resolution was intro- duced and adopted at an adjourned regular meeting provided by law, of the City Councircf the City of Anaheim, held on the 6th day of October 19 53 by the following vote: ALES: COUNCILMEN: Pearson, Wieser, Honey and Van Wagoner NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Heying AND 1 FURTHER CEtiTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 6th day of �kot_Qhe� 19 53 IN WIT1TSS `TEREOF, I nave hereunto set my hand and affixed the official seal of the City of Anaheim this 6th day of October 1953 arat- 1 MAYOR OF THE CI OF A AHEIM CITY ERK OF ,E C ;%'r F ANAHEIM