HomeMy WebLinkAboutCC RES 87-1228
10
11
12
13
14
16
17
18
19
20
21
22
23
24
25
26
2?
28
RKE ~: WOODRUFF
TORNEYS AT LAW
ORANGE
RESOLUTION NO. 87-122
A RESOLUTION. OF THE CITY COUNCIL
THE CITY OF TUSTIN, CALIFORNIA,
TERMINATING ANNEXATION PROCEEDING'
NO. 140, LA COLINA-BROWNING.
1. The City Council of the City of Tustin, Calif-
ornia, does hereby finds and determines as follows:
A. Annexation proceeding No. 140, LaColina-
Browning was duly commenced upon petition of residents of
the territory of the proposed annexation.
B. The annexation proceedings
accordance with law in all respects.
were conducted in
C. Protests in proper form were filed and not
withdrawn by registered voters within the territory
comprising more than 25% of the registered voters but less..
than 50% and the annexation proceeding was set by the City
Council for an election on November 3, 1987, in which the
residents within the territory of the proposed annexation
would vote on whether to be annexed to the City of Tustin..
D. Opponents of the annexation objected to the
matter being the subject of an election and were successful
in obtaining an order from the Orange County Superior Court
ordering the City Council to terminate this annexation pro-
ceeding on the ground that protests signed prior to the
publication of the notice of protest.' hearing should be
counted as valid protests despite statutory language to the
contrary.
E. Despite the belief that the ruling of the
Superior Court judge would be reversed on appeal, but con-
sidering that an appellate reversal woul'd occur after
Nogember 3, 1987, and a new election date would have to be
set, the City Council has concluded that it will not appeal
the decision and will terminate this annexation proceeding.
F. Upon proper petition by residents of the
annexation territory in the form, manner and within proper
time periods prescribed by law, the City Council will give
appropriate consideration to commencing a new proceeding for
annexation of this territory.
NOW, THEREFORE, the City Council of the City of Tustin,
California-, hereby resolves that Annexation proceeding No.
140, LaColina-Browning be, and the same hereby is, term-
inated.
4
10
11
12
14
15
16
17
18
19
2O
21
,22
2:5
24
25
26
27
28
RKE 8~ WOODRUFF
TORNEY$ AT I.AW
ORANGE
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Tustin, California, at regularly schedule~ meeting
held on the 19th day of October, 1987.
' MAYOR ........ i' '~/ .....
ATTEST:
JGR: se :D: 10/09/87 (a33a)
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Resolution No. 87-122 was duly and regularly introduced, passed and adopted at a
regular mee~in§ of-~he City Council held on the 19~h day o~ October, 1987, by the
fol 1 owing vote-
·
·
AYES . COUNCILPERSONS' Edgar, Hoesterey, Kelly, Kennedy, Prescott
NOES · COUNCILPERSONS' None
ABSENT- COUNC ILPERSONS' None
MARY' E. ~N, Cit~C:lerk
City of Tu'~tin, California