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HomeMy WebLinkAbout54-093RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA AN~' FINDING AND DETErMiNING THAT COUNTY SANITATION DISTRICTS NOS. l, 2, 3, ~, 6, 7 AND ll HAVE COMPLIED SUFFICIENTLY WITH THE AGREEMENT OF SALE AND PURCHASE DATED FEBRUARY 21, 1951, AS AMENDED, TO AUTHORIZE THE TRANSFER OF THE EXCLUSIVE CON- TROL AND POSSESSION OF SECTION ONE AND FACILITIES THEREIN OF ~ JOINT 0UTFALL SEWER OF ORANGE COUNTY, CALIFORNIA, AND TO TRANSFER TO SANITATION DISTRICTS NOS. l, 5, 6 AND ll THE UNDIVIDED IN- TEREST IN SAID SECTION ONE FOR WHICH THE~ HAVE PAID AND ASSUMED THE BONDED INDEBTEDNESS; AND AUTHORIZING THE CITY OF SANTA ANA AS CONTRACTING AGENT FOR SAID CITIES AND SANITARY DISTRICTS TO EXECUTE THE NECESSARY DOCUMENTS TO ACCOMPLISH SUCH TRANSFER, AND TO DELIVER POSSESSION OF SkID SECTION ONE TO SAID COUNTY SANITATION DISTRICTS. WHEREAS, heretofore, to wit, on the 28th day of February, 1951 the Cities of Santa Aha, Anaheim, Fullerton and Orange, and the Sanitary Districts of Buena Park, Garden Grove, La Habra and Pla- centia, as sellers, made and entered into an agreement with County Sanitation Districts Nos. l, 2, 3, 5, 6, 7 and ll of Orange County, California, as buyers, for the sale by said Cities and Sanitary Dis- tricts and the purchase by said County Sanitation Districts of Sec- tion One of the Joint Outfall Sewer of Orange County, California and sewage treatment and disposal facilities situated therein, together with certain lands and rights-of-way and personal property, more particularly described and set forth in said agreement; and WHEREAS, said agreement provides that possession and ex- clusive control of said Section One shall be delivered to said buyers when -- (1) (2) Buyers have sold their bonds; and County Sanitation Districts Nos. 1, 5, 6 and ll have paid to sellers the purchase price therein required to be paid to sellers from the proceeds of bonds of said districts; and (3) When buyers have, within a reasonable time after the date of said agreement, constructed the Land and Marine Sections of the proposed new outfall sewer and sufficient portions of the new -1- and existing disposal plant and other facilities to adequately treat~ handle and dispose of, in accordance with the requirements of the State Department of Health, all sewage arising at the time of de- live~y within the boundaries of sellers and buyers a~d have such Facilities in condition for operation; and (4) When buyers have paid sellers for certain additional improvements and facilities as provided in said agreement which were being constructed by the sellers at the time said agreement was made and entered into; and WHEREAS, the . City ~.~unci~ of the C~.t~ of Santa Aha does find and determine that said buyers have sufficiently complied with said agreement to authorize the transfer and delivery of possession and exclusive control of said Section One of the Joint OutFall Sewer of Orange County, California, together with the personal property mentioned in said purchase and sales agreement,, and to authorize the execution and delivery to County Sanitation Dis~ tricts Nos. l, ~, 6 and ll of a good and sufficient instrument con- veying to each of said County Sanitation Districts Nos. l, ~, 6 and ll the undivided interest in said Section One For which said County Sanitation District has paid and assumed bonded indebtedness as pro- vided in said agreement. NOW, THEREFORE, BE IT RESOLVED by the Cit~ Council .... of the Cit~ of Santa Aha ... that said County Sanitation Districts as buyers have complied with said agreement of sale and purchase as Follows: 1. That said buyers have sold their bonds; and 2. That County Sanitation Districts l, ~, 6 and ll have paid to sellers the purchase price required to be paid to sellers from the proceeds of bonds of said districts in accordance with the terms of said agreement; and -2- 3. That said buyers have, within a reasonable time since the 28th day of February, 19~l, constructed the Land and Marine Sections of a new ocean outfall sewer and a new sewage disposal plant and related facilities of sufficient capacity to adequately treat, handle and dispose of, in accordance with the requirements of the State Department of Public Health, all sewage now arising within the bound- aries of sellers and buyers, and that said facilities are in condition For operation. ~. That all of the added facilities r~entioned and describe~~ in Paragraph 17 of said agreem~t have been paid for by the buyers. BE IT ~JRTHER RESOLVED that the City of Santa Aha, as con~ tracting agent For the Cities and Sanitary Districts hereinabove mentioned, be, and it is hereby, authorized to deliver possession and exclusive control of said Section One, together with the facilities and personal property r~entioned and described in the agreement of sale and purchase dated February 28, 19~l, to said County Sanitation Districts in accordance with the terms and provisions of said agree- ment and to execute all instruments of conveyance or documents neces- sary to make and complete the transfer of possession and exclusive control of said Section One to said County Sanitation Districts. AND BE IT FURTHER RESOLVED that said City of Santa Aha as such contracting agent for said Cities and Sanitary Districts make, execute and deliver to County Sanitation Districts Nos. l, ~, 6 and ll good and sufficient instruments conveying to each of said County Sanitation Districts the undivided interest in said Section One which said County Sanitation District has paid and assumed bonded indebtedness as provided in the agreement aforesaid. BE IT FURTHER RESOLVED that on and after the delivery of possession and the transfer of said Section One to said County Sanitation Districts they shall have exclusive control and management thereof. -3- THE FOREGOING RESOLUTION is signed and approved by me this 2~th .day of June , 19~4. ... Ma/or of the City of _~-~ta Ana . AT~EST :~~~_~ C!er~ of t~he Councd] of the City of Santa Ana STATE .OF 'CALIFORNIA ) ) SS. COUNTY OF ORANGE ) I, . Srma Keeler , .... ~_l.e r~k~ p~_~l o f the City of Santa Ana , do hereby certify that the above and foregoing Resolution was adopted at an adjourned reEular meeting of said. ......City Council ...... held~ on the 2Sin day of 1954 and carried by the following roll-call vote: AYES: William Jerome, J. Lo ~cBride, Thomas F. Larsen, Court, ney R. NOES ABSENT: '2ilford 7f. Dahl IN WITNESS WHEREOF, I have' hereunto the official seal of the City of Santa Ana ~this 2Sth day of June , 1954. Chandler set my hand and affixed Clerk o£ the Council of the ... City, of Santa Ana -4-