HomeMy WebLinkAboutCC RES 87-121RESOLUTION NO. 87-121
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA,
TERMINATING ANNEXATION PROCEEDING
NO. 139, EVENINGSIDE-RAINBOW.
1. The City Council of the City of Tustin, California
does hereby finds and determines as follows:
A. Annexation proceeding No. 139, Eveningside-
Rainbow, 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withdrawn by registered voters within the territory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 oTustin.
D. Opponents of the annexation objected to [he
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
proceeding 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
considering that an appellate reversal would occur after
No~ember 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 cofisideration 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.
139, Eveningside-Rainbow be, and the same hereby is, term-
inated.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Tustin, California, at regularly scheduled meeting
held on the 19th day of October, 1987.
MAYOR z~'
ATTEST:
JGR:se :D: 10/09/87 (a33)
IRKE 8~ WOODRUFF
'TORNEYS AT LAW
ORANGE 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk o1: 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..87-121 was duly and regularly introduced, passed and adopted at a
regular meeting Of the City Council held on the 19th day of October, 1987, by the
fol 1 owi'ng vote'
'=' AYES · COUNCILPERSONS- Edgar, Hoesterey, Kelly, Kennedy, Prescott
NOES · COUNCILPERSONS' None
ABSENT' COUNCILPERSONS' None
MARY E. ~IiNj"-Ci~Y Clerk--
City ofl~stin, California