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3083ORDINANCE NO. 3083 AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO SAID CITY OF ANAHEIM OF CER- TAIN INHABITED TERRITORY KNOWN AS KATHRYN - LINDSAY ANNEXATION. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: finds: SECTION 1. The. City Council of the City of Anaheim (a) That the proceedings for the annexation to the City of Anaheim of the hereinafter inhabited territory were had in conformity with and pursuant to the provisions of an act of the Legislature of the State of California known as the "ANNEXA- TION ACT OF 1913" (Title IV, Division 2, Part 2, Chapter 1, Articles 1 to 4 inclusive, of the Government Code of California), and all acts amendatory thereof and supplementary thereto. (b) That before any proceedings were commenced for the annexation of said territory, the proponents of said annexation filed a written request with the City Council of the City of Anaheim requesting the consent of the City Council to the com- mencement of proceedings for the annexation of said inhabited territory, more particularly hereinafter described, to the City of Anaheim; that the City Council did thereupon refer said appli- cation and request to the City Planning Commission; that on the 27th day of December, 1971, the City Council did receive from the City Planning Commission its recommendation approving the proposed annexation of said territory to said City of Anaheim; that on the 4th day of January, 1972, after the receipt of the recommendation of the City Planning Commission the City Council did give its con- sent to the commencement of said proceedings for the annexation of said territory to the City of Anaheim. (c) That the proposal for the annexation of said territory to the City of Anaheim has been submitted to the Local Agency Formation Commission of the County of Orange and has been approved by said Local Agency Formation Commission. (d) That said proponents did, on the 24th day of March, 1972, publish a Notice of Intention to Circulate a Petition relating to the Annexation of said territory to the City of Anaheim, a Municipal Corporation, and on the 28th day of March, 1972, said proponents did file with the City Clerk of the City of Anaheim a copy of the said Notice of Intention to Circulate a Petition for the Annexation to the City of Anaheim of the territory hereinafter described, which notice contained names of the proponents intending to circulate the petition and a descrip- tion of the specific boundaries of the territory proposed to be annexed, accompanied by a printed statement, not exceeding Five Hundred (500) words in length, containing reasons for the petition, together with an affidavit of the publication of said Notice of Intention to circulate said petition. (e) That thereafter, to wit: on the 28th day of March, 1972, said City Council adopted its Resolution No. 72R-117 in which it acknowledged receipt of a copy of said Notice of Intention to Circulate said Petition, in which it approved the intention of said proponents to circulate such petition. -1- (f) That thereafter, to wit: on the 27th day of April, 1972, there was filed with the City Clerk of the City of Anaheim a written petition signed by not less than one-fourth (1/4) of the qualified electors residing within the territory -- hereinafter described, as shown by the County Registration of Voters, containing a description of new territory proposed to be annexed to the City of Anaheim, and asking that said territory be annexed to the City of Anaheim, and containing a request that the City Council of the City of Anaheim call a special election to be held in said territory proposed to be annexed to said City, giving the notice thereof as required by law and submitting to the electors residing within said territory the question whether said new territory should be annexed to, incorporated in, and made a part of the City of Anaheim, and the property therein be, after such annexation, subject to taxes equally with the property within said City, to pay its pro rata portion, based upon assessed valuation, of all of the bonded indebtedness of said City out- standing at the date of the filing of said petition or theretofore authorized. (g) That on the 6th day of June, 1972, the City Council did duly assemble in public session and consider said petition and did find that said petition was signed by not less than one- fourth (1/4) of the qualified electors residing within the terri- tory hereinafter described, as shown by the County Registration of Voters, and contained a description of the territory proposed to be annexed to the City of Anaheim, and requested that said territory be annexed to the City, and the City Council did further find and determine that said proponents had done and performed the acts and things required to be done and performed by the Annexation Act of 1913, at the same time and in the manner as required by the provisions of said Act and that said petition was circulated more than twenty-one (21) days after the publication of notice of intention to circulate such petition and that it was signed by not less than one-fourth (1/4) of the qualified electors residing within the territory proposed to be annexed, as shown by the County Registration of Voters and as appears from the certificate of the. City Clerk of the City of Anaheim presented to the City Council at the time of consideration of said petition and prior to the adoption of its resolution, and did further find that 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 did further find, from evidence, and reports received and from said petition, that at the time of the filing and presentation of said petition that said new territory proposed to be annexed to said City of Anaheim did not form a part of any other city or munici- pal corporation and that said territory was, at the time of filing said petition, inhabited territory and was contiguous to the City of Anaheim. (h) That on the 6th day of June, 1972, said City Council adopted its Resolution No. 72R-232 wherein it declared its intention to call a special election to submit thereat, to the electors residing within said territory, the question of whether said territory should be annexed to, incorporated in and made a part of said City of Anaheim, and the property therein be, after such annexation, subject to taxation equally with the property within said City, to pay its pro rata portion, based upon assessed valuation, of all of the bonded indebtedness of said City outstanding or authorized as of the date of the first publication of the notice of special election, or theretofore authorized; that in said resolution said City Council designated said territory as KATHRYN -LINDSAY ANNEXATION as the name and words of identification by which said territory should be -2- referred to, and indicated upon the ballots to be used at the election at which the question of annexation was to be submitted. That by said resolution said City Council fixed June 27, 1972, at 1:30 o'clock P.M., at the Council Chamber of the City Hall 204 E. Lincoln Avenue, Anaheim, California, as the day, hour and place when and where any person owning real property within said territory and having any objection to the proposed annexation, might appear before said City Council and show cause why such territory should not be so annexed, and gave notice thereby to all such persons owning such real property of such hearing. Said resolution described the boundaries of said territory so proposed to be annexed. (i) That a copy of said Resolution No. 72R-232 was published once a week for two successive weeks prior to said hearing in the Anaheim Bulletin, a newspaper of general circula- tion, published in said City of Anaheim, there being no newspaper published within said territory. (j) That on the 27th day of June, 1972, at said Council Chamber of said City Hall, 204 East Lincoln Avenue, Anaheim, California, the City Council of the City of Anaheim did hold a public hearing or hearings to hear all written protests theretofore filed objecting to the calling of said special election for the annexation of said territory hereinafter des- cribed, to the City of Anaheim. (k) That at the conclusion of said hearing or hearings, said City Council found and determined that protests were not made by owners of one-half (1/2) of the value of the territory proposed to be annexed, as shown by the last equalized assessment roll, or otherwise, and did further find that the value of the territory proposed to be annexed does not equal one-half (1/2), or more, of that within the City, as shown on the last equalized assessment rolls, nor does the number of qualified electors of the territory equal one-half (1/2) or more, of the number of qualified electors within the City, as shown by the County registration of voters, and thereupon, to wit, on June 27, 1972, adopted its Resolution No. 72R-266 calling a special election to be held on September 5, 1972, and directing the City Clerk to give notice thereof by publishing notices thereof at least once a week for four (4) successive weeks prior to the 5th day of September, in the Placentia Courier, a newspaper of general circulation, printed and published outside of the City of Anaheim, but in the County of Orange, in which the territory so proposed to be annexed to the City of Anaheim is situated, directing that such notice distinctly state the date of such special election and the measure of proposition to be submitted at such special election. That in said resolution said City Council described the boundaries of said territory, establishing one voting precinct for such election, which it designated as KATHRYN -LINDSAY ANNEXATION VOTING PRECINCT, and which precinct included all of said territory proposed to be annexed. By said resolution said City Council also established a polling place within said territory and designated election officials for said election, which officials were qualified electors residing with- in said territory. By said resolution, said City Council des- cribed the ballots to be used in said election. (1) That on August 10, August 17, August 24 and August 31, 1972, the City Clerk of the City of Anaheim gave notice of said election by publishing notices thereof in the Placentia Courier, a newspaper of general circulation, printed and published outside of the City of Anaheim, but in the County of Orange, in which the territory so proposed to be annexed to -3- the City of Anaheim is situated. That in said published notices of election said City Clerk declared that said election would be held within said territory on September 5, 1972, for the purpose of submitting to the electors residing therein the question of whether the territory hereinafter described should be annexed to, incorporated in and made a part of the City of Anaheim, and that after such annexation such territory should be subject 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 outstanding on August 10, 1972, or theretofore authorized. Said notice contained a description of the boundaries of said terri- tory and designated the same as KATHRYN -LINDSAY ANNEXATION. Said notice set forth the question to be placed on the ballots to be submitted to the electors at said election and gave instructions on the manner of voting. Said notice described the voting precinct theretofore established by said City Council for the purpose of said election, described the polling place as the Morris premises, 8862 Bircher Street, Orange County, California, and gave the names of the election officials and the time of opening and closing of the polls. Said notice set forth the amounts of all bonded indebtedness of said City of Anaheim already incurred and outstanding at the first publication of the notice of election and at the time of the filing of said petition for the annexation of said territory to the City of Anaheim, the amounts of such bonded indebtedness theretofore authorized and to be represented by bonds thereafter to be issued, and the maximum rate of interest payable on, or to be payable on, such bonded indebtedness, together with the specifi- cations of the improvements for which such bonded indebtedness was incurred or authorized, the description of which is the same as that set forth in Section 3 hereof. (m) That said election was duly held on September 5, 1972, within said territory at the polling place heretofore described, pursuant to said Resolution No. 72R-266 and in accordance with the provisions of said Annexation Act of 1913, and all acts amendatory thereof and supplementary thereto, and the election laws applicable thereto and in accordance with the notices posted by said City Clerk. (n) That upon the ballots used and submitted to the electors at said election, in addition to other matters required by law to appear thereon, was printed the following: Shall KATHRYN -LINDSAY ANNEXATION be annexed to the City of Anaheim, California, and the property in said KATHRYN -LINDSAY ANNEXATION be, after such annexation, subject 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 outstanding on August 10, 1972, or theretofore authorized? YES . : NO (o) That immediately on the closing of the polls, the judges and inspector of said voting precinct counted the ballots, made up, certified and sealed the ballots and tally sheet of the ballots cast at said polling place, and delivered said ballots, tally sheet and returns to and deposited the same with said City Clerk of the City of Anaheim. -4- (p) That said City Council did, at its next regular meeting held not less than six (6) days nor more than seven (7) days from and after the date of the election, to wit, on the 12th day of September, 1972, meet and proceed to canvass said returns, and upon the same day completed such canvass and immediately thereafter caused a record thereof to be made and entered upon its minutes. That from its canvass of said returns said City Council finds that the whole number of votes cast at said election was 143, including 2 absentee ballots; that the number of votes cast in said election in favor of annexation of said territory to said City of Anaheim was 116; that the number of votes cast in said election against annexation was 27. SECTION 2. That the City Council of said City of Anaheim does hereby approve the annexation of said territory to said City of Anaheim, a municipal corporation; that said terri- tory is hereby annexed to and incorporated in said City of Anaheim; that said territory is hereby accepted by said City of Anaheim as a part of said City of Anaheim. That said territory heretofore referred to, and which has heretofore been designated by said City Council as KATHRYN -LINDSAY ANNEXATION is situated within the County of Orange, State of California, is unincorpor- ated and is contiguous to said City of Anaheim and the descrip- tion and specific boundaries thereof are as follows: That certain parcel of land located in the County of Orange, State of California, being a portion of Sections 7, 8 and 18 of Township 4 South, Range 10 West, S.B.B. & M., described as follows: Beginning at a point in the existing City limit line of the City of Anaheim, as established by the Broadway -La Palma Annexation to the City of Anaheim, said point of beginning being in the northeast corner of Tract No. 2587, as shown on a map recorded in Book 80, page 41, Miscellaneous Maps, records of said Orange County; thence following along the said existing City limit line the following courses and dis- tances: South 0° 16' 10 East, 1,110.50 feet; North 89° 31' 00" West, 396.00 feet to the beginning of a tangent curve concave northeasterly and having a radius of 50 feet; thence Westerly, Northwesterly and Northerly along said curve through a central angle of 131° 24' 35" an arc distance of 114.68 feet to the beginning of a reverse curve concave northwesterly and having a radius of 50 feet, a radial line bearing South 48° 06' 25" East passes through the point of beginning of said reverse curve; thence Northeasterly and Northerly along said reverse curve through a central angle of 41° 24' 35" an arc distance of 36.14 feet to an inter- section with a line parallel with and 25 feet westerly of the centerline of Bircher Street, as said Bircher Street is indicated in Tract No. 1851, as shown on a map recorded in Book 56, page 26, Miscellaneous Maps, records of said Orange County; thence North 0° 16' 10" West, 6.10 feet along said parallel line to an intersection with the southerly line of Lot 9 in said Tract No. 1851; thence North 89° 31' 00" West, 214.00 feet along the southerly line of said Lot 9 and the westerly prolongation thereof to an intersection with a line parallel with and 40 feet easterly of the centerline of Brookhurst Street; thence South 00 16' 10" East, 302 feet along the last mentioned parallel line to an intersection with a line parallel with and 30 feet northerly of the south line of the Southwest quarter of Section 8, Township 4 South, Range 10 West, S.B.B. & M., said point of intersection being in the said City boundary, as established by the Orange Avenue Annexation to said City; thence leaving the boundary -5- established by said Broadway -La Palma Annexation South 880 58' 00" West, 70.00 feet along said Orange Avenue Annexation boundary to the northwest corner of said Orange Avenue Annex- ation, said northwest corner also being a point in the east line of the Brookhurst-Lincoln Annexation to said City; thence leaving said Orange Avenue Annexation boundary and following along a portion of said Brookhurst-Lincoln Annex- ation, the following courses and distances: North 00 16' 10" West, 10.00 feet to the northeast corner of said Brook- hurst-Lincoln Annexation boundary; thence South 880 58' 00 West, 300.00 feet, South 00 07' 36" West, 106.00 feet to the northeast corner of the Lincoln -Monterey Annexation to said City; thence leaving the said Brookhurst-Lincoln Annexation boundary and following along a portion of the said Lincoln - Monterey Annexation boundary the following courses and distances: South 88° 58' 00" West, 194.00 feet; South 0° 07' 54" East, 278.00 feet; South 88° 58' 00" West, 292.00 feet; North 0° 07' 54" West, 384 feet, more or less, to an intersection with a line parallel with and 40 feet northerly of the south line of Section 7, Township 4 South, Range 10 West, S.B.B. & M., said point of intersection being a point in the existing City limit line of the City of Anaheim, as established by the aforementioned Broadway -La Palma Annex- ation; thence leaving the said Lincoln -Monterey City Annex- ation boundary and following along a portion of said City boundary, as established per said Broadway -La Palma Annexa- tion, the following courses and distances: North 88° 58' 00" East, 156.00 feet; North 0° 16' 20" West, 1,408.58 feet; North 89° 36' 20" East, 330.00 feet; South 0° 16' 20" East, 100.00 feet; North 89° 36' 20 East, 300.33 feet; South 00 16' 10" East, 28.00 feet, more or less; South 89° 39' 04" East, 705.00 feet to the point of beginning. SECTION 3. That all of the bonded indebtedness of said City of Anaheim outstanding on August 10, 1972, or there- tofore authorized, is as follows: 1. 1951 Sewer Bonds, Series 20 Amount outstanding: $200,00.0..00 Maximum rate of interest: 1-3/4% The improvement for which such bonds were issued and such indebtedness incurred was to do construction and improvement work on domestic sewer system of the City of Anaheim and construction and improvement work on the Joint Outfall Sewer System of Orange County. 2. 1952 Waterworks Extension, Series 21 Amount outstanding: $25,000.00 .. Maximum rate of interest: 2-1/4% The improvement for which such bonds were issued and such indebtedness incurred was to extend and improve the water works system of the City, said facilities to include storage facilities, wells, pumps, works, structures and water mains (including replacement of present existing mains) and the acquisition of lands, rights-of-way, pipe, equipment, material, apparatus and property necessary for said improvement. 3. 1952 Electric Works Extension, Series 22 Amount outstanding: $25,000.00. Maximum rate of interest: 2-1/4% The improvement for which such bonds were issued and such indebtedness incurred was to extend and improve the electric distribution system of the City, such facilities to include the acquisition and construction (including the reconstruction of electric lines) of transformer stations and distribution substations, including the acquisition of lands, right-of-way, material, equipment, apparatus and property necessary for said improvements. 4. 1954 Municipal Improvement Bonds, Series 23 Amount outstanding: $525,000.00 Maximum rate of interest: 2-1/4% The improvement for which said bonds were issued and such indebtedness incurred was for the purpose of the acquisition and construction of certain municipal improvements. 5. 1960 Municipal Improvement Bonds "A", Series 24 Amount outstanding: $2,640,000.00 Maximum rate of interest: 3.6% The improvement for which said bonds were issued and such indebtedness incurred was for the purpose of the acquisition and construction of certain municipal improvements. 6. 1960 Park Site Acquisition and Improvement Bonds, Series Amount outstanding: $630,000.00 -7- Maximum rate of interest: 3.6% The improvement for which said bonds were authorized was for the purpose of the acquisition and clearing of real property for park sites and the acquisition and construction of park improvements. 7. 1960 Municipal Improvement Bonds "B", Series 25 Amount outstanding: $810,000.00 Maximum rate of interest: 3.6% The improvement for which said bonds were issued and such indebtedness incurred was for the purpose of the acquisition and construction of certain municipal improvements. 8. 1960 Municipal Improvement Bonds "C", Series 27 Amount outstanding: $1,115,00.0.00 Maximum rate of interest: 3.3% The improvement for which said bonds were issued and such indebtedness incurred was for the purpose of the acquisition and construction of certain municipal improvements. 9. 1963 Municipal Improvement Bonds "A", Series 28 Amount outstanding: $3,960,000.00. Maximum rate of interest: 3.20% The improvement for which said bonds were issued and such indebtedness incurred was for the purpose of the acquisition and construction of certain municipal improvements. 10. 1963 Municipal Improvement Bonds "B", Series 29 Amount outstanding: $1,725,000.00 Maximum rate of interest: 3.9% The improvement for which said bonds were issued and such indebtedness incurred was for the purpose of the acquisition and construction of certain municipal improvements. That the amount of bonded and the description thereof is the said notice of election and is the said territory shall be subject to within said City of Anaheim, to upon assessed valuation. pay indebtedness above described same as that described in bonded indebtedness for which taxation equally with property its pro rata portion, based SECTION 4. The City Clerk of the City of Anaheim shall certify to the passage of this ordinance and cause the same to be published in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, and thirty (30) days from and after its final passage, it shall take effect and be in full force. SECTION 5. That immediately upon this ordinance becom- ing effective, the City Clerk of the City of Anaheim shall make, under the seal of said City, and transmit to the Secretary of State, a certified copy of this ordinance, giving the date of its passage. THE FOREGOING ORDINANCE is approved and signed by me this 19th day of September, 1972. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM STATE. OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM r OR OF THE CIT OF ASAHEM CJ CV' T H"T1 c c, , G 0, D!i:,"NC`L- (D--- 3QU ----•----------•-•-----••---------- - -------•-.-- r, , I., T' Anaheim Bulletin F r,n Bulletin -, September 2. _ -- C:, , 1-'1--!-1',K' I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 3083 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of September , 19 72 , and that the same was passed and adopted at a regular meetings said City Council held on the 19th day of September , 19 72 , by the following vote of the members thereof: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson AND I FURTHER CERTIFY Anaheim approved and signed said September , 19 72 . IN WITNESS affixed the official day of September (SEAL) WHEREOF, I seal of the 19 72 ms -9- that the Mayor of the City of Ordinance on the 19th day of have hereunto set my hand and City of Anaheim this 19th L CIYY- CLERK OF THE CITY OF ANAHEIM