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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 were conducted in C. Protests in proper form were filed.and not withdrawn by registered voters within the territory · comprising more than 25% of the registered voters but less than 50% and the annexation proceeding was set by the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