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Home My WebLink AboutCC RES 87-09010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 87-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING PROSPECT- VANDENBERG ANNEXATION NO. 141 SUBJECT TO CON- FIRMATION OF THE VOTERS, CALLING AND GIVING NOTICE OF A SPECIAL ANNEXATION ELECTION FOR PROSPECT-VAHDENBERG ANNEXATION NO. 141 TO THE CITY OF TUSTIN TO BE HELD IN TERRITORY PRO- POSED FOR ANNEXATION ON TUESDAY, THE 3RD OF NOVEMBER, 1987, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RE- LATING TO THE CALL AND CONDUCT OF SUCH SPE- CIAL ELECTION AND PROVIDING FOR THE FILING OF ARGUMENTS AND REBUTTAL ARGUMENTS WHEREAS, under the provisions of law relating to the annexa- tion of inhabited territory by a city, specifically pursuant to Part 4 of Title 5, Division 3, commencing with Sections 5600 e__t se_~_q, of the Government Code of the State of California, this City Council did properly cause a "Notice of Public Hearing" to be published and thereafter did on July 20, 1987, hold such public hearing; and WHEREAS, protests have been filed in a number less than 50% of those voters within the territory proposed for annexation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS: Section, 1: That all of that territory described as the Prospect-Vandenberg Annexation No. 141 to the City of Tustin be annexed to the City of Tustin subject to confirmation by a majority of the duly registered voters residing in said territory. Section..2: That Prospect-Vandenberg Annexation No. 141 consists of territory bounded by Prospect Avenue on the east, Vandenberg Lane and the present City boundary on the north, the Orange County Flood Control District Channel on the south, and the present City boundary on the west, and is made for the purpose of increasing the economy and efficiency of the full range of govern- ment services provided for residents of the annexation territory by incorporating said territory which lies within the City of Tustin's sphere of influence. Section.3: That the affected territory will not be taxed for existing general bonded indebtedness of the City of Tustin. Section 4: That pursuant to the provisions of California Government Code Sections 57075 and 57100, there shall be and there is hereby called and ordered a special election to be held in said territ~ory on Tuesday, November 3, 1987, between the hours of 7:00 A.M. and 8:00 P.M., for the purpose of ascertaining whether the voters residing therein confirm and agree to the annexation of said territory. · . · .. ., 10 11 12 13 14 1'5 16 17 18 19 20 21 22 23 24 25 26 27 28 Section. 5.:. That notice of said special election shall be given and published by the City Clerk pursuant to California Government' Code Section 57130. .S, ection .6..: That within five (5) days from date o.f this. Resolution the Clerk shall transmit, by certified mail, a certified copy of this Resolution and any additional information required by Government Code Section 57144 to the Executive Officer of the Local Agency Formation Commission. Section 7: That pursuant to the provisions of California Government Code Section 57145, arguments for the annexation and arguments against the annexation may be submitted in writing by the conducting authority, or member or members of the conducting au- thority authorized by it, or any individual voter or an association of citizens entitled to vote on the annexation (not to exceed 300 word's in length) and shall be filed with the City Clerk for printing and distribution in the ballot pamphlet not later than August 14, 1987. Only one argument for and one argument against shall be selected by the City Clerk and printed in the ballot pamphlet. . Section 8: That pursuant to Section 5014.5 of the Elec- tions Code of the State of California, if any person submits an argument against a city measure, and an argument has been file.d in favor of the city measure, the City Clerk shall immediately send copies of that argument to the persons filing the argument in favor of the city measure. The persons filing the argument in favor of the city measure may prepare and submit a rebuttal argument not exceeding 250 words. The City Clerk shall send copies of the argu- ment in favor of the measure to the persons filing the argument against the city measure, who may prepare and submit a rebuttal argument to the argument in favor of the city measure not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than August 24, 1987. 72-266 Tustin, Sect.io..n 9: with the CA 926 80 The annexation Polling Location at ar ea is 17591 within Precinct No. Norwood Park Place, Section 10: The City Council, pursuant to its right and authority so to do, does hereby determine that there shall be and there is hereby ordered submitted to the registered voters within the annexation territory at said election the following question, to-wit: City Council of the City of Tustin ordering ~ Yes! the annexation to the City of Tustin of the ~- ..... ~--~ territory described in that order and desig- / No ! hated as Prospect-Vandenberg l~nexation No. ~-- ..... --~--~ 141 be confirmed? A cross (+) placed in the voting square after the word "YES" 2 shall be counted in favor of adoption of th~ m'easure. A cross (+) placed in the voting square after the word ."NO" shall, be counted 3 against adoption of the measure. 4 Secti~ 11: A canvass of the ballots cast shall be con- ducted pursuant to Sections 17080 - 17089 of the Elections Code and 5 determination of the proposal shall be based upon the majority votes of eligible voters within the subject territory casting a 6 vote. 7 Section 19_: That in all other particulars not provided for, the Clerk shall conduct the election as provided by law. 8 _Se_ction_ 1~3: That the City Clerk shall certify to the 9 passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall enter the 10 passage and adoption thereof in the minutes of the proceedings of the City Council meeting of said city at which the same is passed 11 and adopted. 12 of the City of ~ustin held on the _3rd day of 13 1987. " - 15 Mayor PASSED AND ADOPTED at a regular meeting of the City Council 3rd day of August, 1987. 16 ATTEST: 18 C~ Cler~ 19 (C2 46.) 20 21 22 23 24 25 26 27 28 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. 87-90 was duly and regularly introduced, passed and adopted at a regular meeting-~°f-the City Council held on the 3rd day of August, 1987, by the fol 1 owing vote' - - AYES · NOES · ABSENT' COUNC ILPERSONS' COUNCI LPERSONS' COUNC I LPERSONS · Edgar, Hoesterey, Kelly, Kennedy, Prescott None None o MARY -E' ~NN, Cit~L~Clerk ...... City of 'Fustin, California