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HomeMy WebLinkAboutCC RES 87-072.5 RESOLUTION NO 87-72 · .A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING LA COLINA- BROWNING ANNEXATION NO. 140 SUBJECT TO CON- FIRMATION OF THE VOTERS, CALLING AND GIVING NOTICE OF A SPECIAL ANNEXATION ELECTION FOR LA COLINA BROWNING ANNEXATION NO. 140 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 SPECIAL ELECTION AND PROVIDING FOR THE FILING OF ARGUMENTS AND REBUTTAL ARGUMENTS 10 11 12 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 ~seq. 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 May 26, 1987, hold such public hearing; and 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, protests have been filed in a number less than 50%_ of t~hose voters within, the territory proposed for annexation. NOW, CALIFORNIA, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:. Section 1: That all of that territory described as the La Colina~Browning Annexation No. 140 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. .Se_ct ion __2: That La Colina-Browning Annexation No. 140 consist~s of territory bounded by Browning Avenue on the east, La Colina on the north, Newport Avenue on the west and Burnt Mill Road and the present Tustin city limits on the south, and is made for the-purpose' of increasing the economy and efficiency of the full range of government services provided for residents of the annexa- tion territory by incorporating said territory which lies within the City of Tustin's sphere of influence. ,~ect ion _3_: f or e xi s ting ge net al That the affected territory will bonded in debtedness of the City of not be taxed 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 .... terr~-t'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. 1 10 11 12 13 14 15 16 17 18 2O 21 22 23 24 25 26 27 28 Secti0n_5: That notice of said special election shall be given and published by the City Clerk pursuant to California Government Code Section 57130. _$ection~6.: That within five (5) days from date of this Resolution the Clerk shall transmit, by certified mail, a certified copy of this Resolution and any-additional i-nformation 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 annexat'ion 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 words in length) and shall be filed with the City Clerk for printing and distribution in the ballot pamphlet not later than July 27, 1987. Only one argument for and one argument against shall be selected by the City Clerk and printed in the ballot pamphl et. _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 filed 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 th'e 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 10, 1987. S_ectig.n~_~: The annexation f ol 1 owing Pr e cin ct s an d pol 1 in.g pla ce s: area is within the Pr ecl ncc No.: Polling' Location: 72-258 13051 Dean Street Tustin, CA 926 80 Precinct No.: Poll lng Loca ti on: 72-259 16 81 Tiff any Santa Ana, CA 92705 Pr e cin ct No.: Polling Location: 'Precinct No.: Poll lng Location: 72-260 1201 Irv ine Boulevard Tustin, CA 926 80 72-261 1762 Sierra Alta Drive Santa Aha, CA 927.05 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Precinct No.: Pol-1 in g Lo ca tion: Part of 72-318 12301 Redhil~l Avenue Santa A2~a, CA 92705 Precinct No.: 72-321 Polling Location: 1826 Blueberry Tustin, CA 92680 Sec. t~i.o.n 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: mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm Shall the order adopted June 2~, 1987 by the F-- .... T---~ City Council of the City of Tustin ordering the annexation to the City of Tustin of the ~----~---~ territory described in that order and / No~ designated as La Col ina-Br owning Annexation u_ .... ~___~ No. 140 be confirmed? · mmmmmmmmmmmmmm~mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm m mmm mmm mm mmmm m mm mm .. A cross (+) placed in the voting square after the word "YES" shall be counted in favor of adoption of the measure. A cross (+) placed in the voting square after against adoption of the measure. the word "NO" shall be counted . Section_Il: A canvass of the ballots cast shall be con- ducted pursuant to Sections 17080 - 17089 of the Elections Code and determination of the proposal shall be based upon the majority votes of eligible voters within the subject territory casting a vote. .. Section_12: That for, .the Clerk shall conduct in all other particulars not provided the election as provided by law. .~ection 13: That the City Clerk shall certify to the passage and adoption of .this Resolution; shall enter the same in the. book of original Resolutions of said City; and shall enter the passage and adoption thereof in the minutes of the proceedings of the City Council meeting of said city at which the same is passed and adopted. adjo.urned PASSED AND ADOPTED at a~/regu~ar meeting of the City Council of the City of Tustin held on the 22nd day of Junem, 1987. · ATTEST.: · Nayor .... __//-~> 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 ~ole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 8?-?2 was duly and regularly introduced, passed and adopted ag an adjourned re§ular 'meetin§ of the City Council held on the 22nd d~y of ~lune, 1987, by the.following vote- - · ~ AYES · COUNCILPERSONS. Edgar, Kelly, Prescott NOES · COUNCILPERSONS. Hoesterey, Kennedy ABSENT' COUNCILPERSONS. None Cl rk · City of n Calif rnia ..0