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HomeMy WebLinkAboutCC 5 ANNEXATION 144 05-02-88 .... CONSENT CALENDAR =5-L~ _~-2>_ . -2-88 DAli: April 22, 1988. In,er 'Corn IrROM: $ UB,J ECT: HONORABLE NAYOR AND NEMBERS OF THE CITY COUNCIL CITY ATTORNEY FAIRHAVEN AVENUE ANNEXATION NO. 144 All of the protests and withdrawals of protests have been reviewed by the Registrar of Voters, the City Clerk and the City Attorney's office. After elimination of the protests signed by persons not registered to vote or not registered to vote within the annexation territory and elimination of withdrawn protests (and not the Subject of a later withdrawal of the withdrawal) the status of protests is as follows: Number of Voters Registered in the Territory' Number of Unwithdrawn Valid Protests 1017 542 Number of Protests Req'd for Majority Protests Majority Protest? 509 Yes (53%) Accordingly, that the City Council find and declare: there being a majority protest, it is recommended 1. That there has been a majority protest. 2. Order that ~his annexation proceeding be terminated. 3. Adopt the enclosed resolution. JGR: jb: D: 04/14/88 (17 .jb) cc: WH ~M~.'S G~ ROURKE City Attorney CERTIFICATE AS TO VERIFICATION OF SIGNATURES OF PROTEST TO'FAIRHAVEN AVENUE ANNEXATION NO. 144 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I, MARY E. WYNN, do hereby certify that I am the City Clerk of the City of Tustin. I have received a certificate of verification of signatures from the Registrar of Voters of the County of Orange, certifying that signatures on various documents were examined and of those examined a certain number of signatures were verified as being signatures of voters registered within the territory of Fairhaven Avenue Annexation No. 144. I have also received the written statement of the Registrar of Voters of the County of Orange stating that additional signatures were examined and which of those were found by the Registrar to e valid signatures of voters registered within the territory of airhaven Avenue Annexation No. 144. I have examined each of the documents filed in connection with Fairhaven Avenue Annexation No. 144, including protests, conditional protests, withdrawals of protests and retractions of withdrawals of protest. I hereby certify that from my examination of the certification and of the statements received from the Registrar of Voters and from my examination of the filed documents that there are 542 valid, unwithdrawn protests. The statement of the Registrar of Voters is that the number of registered voters in the territory of Fairhaven Avenue Annexation No. 144 as of April 4, 1988 was 1,017. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Tustin, California, the 26th day of April, 1988. Mary E. W~nn ~ City Cler~ City of Tustin GR:se:D:04/21/88(667,pl) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TERMINATING FAIRHAVEN AVENUE ANNEXATION NO. 144 1. The City Council of the City of Tustin, California, does hereby find and determine as follows: A. Fairhaven Avenue Annexation No. 144 was duly commenced upon petition of residents of the territory of the proposed annexation. B. The annexation proceedings were conducted in accordance with law in all respects. C. Protests were filed and not withdrawn by registered voters within the territory amounting to fifty percent (50%) or more of the registered voters residing within the territory of the proposed annexation, thus constituting a majority protest as defined by law. NOW, THEREFORE, the City Council of the City of Tustin, California, hereby resolves that Fairhaven Avenue Annexation No. 144 be, and the same hereby is, terminated. Upon petition by residents of the annexation territory in the form, manner and within the proper time periods prescribed by law, the City Council will give appropriate consideration to commencing a new proceeding for annexation of this territory. PASSSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the day of , 1988. ATTEST: MAYOR CITY CLERK JGR:'se:D:04/07/88(623,p1)