HomeMy WebLinkAboutCity Council - 855 RESOLUTION NO. 55
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH, CALIFORNIA.
The City Council of the City of Huntington
Beach, California, do resolve as follows:
WHEREAS, that certain out-fall sewer jointly
owned and operated by the Cities of Santa Ana, Anaheim,
Fullerton, Orange, and the Orange County Sanitary
District of Buena Park and Garden Grove, in the County
of Orange, State of California, does now, and did for a
number of years last past, dump raw sewage into open
vats near the eastern boundary of the City of Hunting-
ton Beach and into the Pacific Ocean at a point approxi-
mately three (3) miles southeast of Huntington Beach,
and
WHEREAS, the method employed by said cities and
districts in dumping said raw sewage into said open watts
and into said Pacific Ocean is a public nuisance in this,
that the same is injurious to health, indecent, offen-
sive to the senses, an obstruction to the free use of
property so as to interfere with the comfortable enjoy-
ment of life and property, and unlawfully obstructs the
free use, in the customary manner, of the public parks,
streets and highways of the City of Huntington Beach
and adjacent territory, and
Reso. 855
WHEREAS, said unlawful dumping of said raw
sewage, as aforesaid., is a public nuisance as defined by
the laws of the State of California, particularly Sec-
tion Thirty-four Seventy-nine of the Civil Code, in that
It affects at the same time the entire community of the
City of Huntington Beach, and the inhabitants thereof,
as well as the neighborhood, and residents thereof,
adjacent to said City on the east, and
WHEREAS, said public nuisance exists without
the boundaries of said City of Huntington Beach and,
therefore, within the authority, as provided by Section
Seven Hundred Thirty-one of the Code of Civil Procedure
of the State of California, of the District Attorney of
Orange Counto to bring such civil action authorized by
said section of said Code of Civil Procedure to abate
the same,
NOW THEREFORE, BE IT RESOLVED, that the people
of the City of Huntington Beach, by and through the duly
elected City Council of said City, do hereby respectfully
petition, beseech and demand that the Honorable George F.
Holden, District Attorney of Orange County, take, without
delay, appropriate legal action to abate the aforementioned
nuisance.
PASSED ARID ADOPTED by the City Council of the
City of Huntington Beach, California, at a regularly adjourned
Reso. 855
meeting thereof held on the , p7th day of Novembgr ,
1939.
11 I\ A
ATTEST
V
STATE OF CALIFORNIA )
County of Orange ) SS:
City of Huntington Beach )
I, Co R. FURR, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach,
California, and ex-offieio clerk of the City Council of
said City of Huntington Beach, do hereby certify that
the whole number of members of the City Council of
the City of Huntington Beach is five; that the fore-
going Resolution was passed and adopted by the affirma-
tive vote of more than a majority of all the members of
said City Council at a regularly adjourned-
meeting thereof held on the 27th day of November:
1939, by the following vote:
AYES: Councilmen: MOPEHOUSE. CHAMNESS, HENRICKSON,
TALBERT . MgQALLEN
NOES Councilmen NODE
ABSENT: Councilmen: NONE
Y
City C eft and ex-offico Clerk
of the City Council of the City
of Huntington Beach, California.