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Home My WebLink AboutCC RES 87-071 RESOLUTION NO. 87-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING EVENINGSIDE- RAINBOW ANNEXATION NO. 139 SUBJECT TO CON- FIRMATION OF THE VOTERS, CALLING AND GIVING NOTICE OF A SPECIAL ANNEXATION ELECTION FOR EVENINGSIDE-RAINBOW ANNEXATION NO. 139 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 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 et 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 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 Eveningside-Rainbow Annexation No. 139 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 Eveningside-Rainbow Annexation No. 139 consists of territory bounded by Browning Avenue on the west, La Colina on the north, The Irvine Ranch on the east, and Irvine Boulevard 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 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 territory 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. Section 5: That notice of said special election shall be given and published by the City Clerk pursuant to California Government Code Section 57'~30. -' Section 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 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 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 ha.s been filed in favor of the city m. easure, 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 mca.sure 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 10, 1987. Section 9: The annexation ar'ca is within Precinct No. 72-272 with polling place located at Tustin Memorial School, 12712 Browning Avenue, Santa Ana, California 92705. 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: Shall the order adopted June 22, 1987 by the City Council of the City of Tustin ordering ! Yes~. the annexation to the City of Tustin of the ~----~---~ territory described in that order and ! No[ designated as Eveningside-Rainbow Annexation No. 139 confirmed? 2 '.,,.~":'..:-;.',-~'..".~.:'.;-:.~'-". '-.'*. '.-,'. '.:t,'.m'F.,"' ~ .'-.':. . ~. _1.' ','. ', . : '-:. ;". ,," ."v ,;'.'" . '.. ' · ...., . "' ' :.,..:,.,.',.%.,' ,..~.,-,'t~?..... ':.:'%?...'..,,,'.' '~'~ '."',':. ."'.' ,:",;-..'.~'-'.. '"'",'-'.i'. ''-'' · .'" '"- ' ".'"'."- ,. '. ' ". .::.:. :'.. .:~.;~,=:4.:"..,"..c,:~,~' ' · ";' '.,'. ,' .'k.~..~'': .: ....... -u.,. ,..-...,,. .... :-.,, . ,... ., . .,...,.. - ..... .,..... ¥ .. , ..... . .....\ .... .... . ~.... %,,, ~...%,. :_~....~ ~..~%.., ~. , ,, ~: ...... .., . ~ ... . ;....., . ? ~., . , , ... ~,-,~ . , .-: .., , ~-. ..... . .....-..~ .. ~ · :' ...%..~,'-~ ~ , ".,-- " '.,;- :'. .., "~'.' .'J." ,:-",~ ,.-,.':,'~. '.',em .,~',' , .. . .,,..:,-.. , '~ . '.' · . · ... '.. ., '.. ,'.. . , ,,..: ..-'-. ;,~'- ¢, ::;.,',"' '.'..?' ~,':':L~..,,.'-?;,~,'..~.,,..;.'..' .. · '.- ' .' ,-' ~ ' .... ·" · .,,'-'. - - ' '; .... ;-, '.. .... "· · :' ..; ',' ' .- ' · . ,'.,. ', : · ,..~:~.~.,~,:.~~ "'~'"h~,~"', ,.,:?,;~..~% ,,,. ~ .~...'"',~,'~ ;,.<;;.,, ,..,..... .... .%. ~, ;: -,: .,,,. :, ...., : -.-, .,,....~. ~.........,,., , "~ :: ,~,,.;'.-.,-' ·..~,.:,.. ,,..,~.:..; % t % . ..... :..~ . .'L <. , ~ ,..,,. ~,:.....,~ A cross (+) placed in the voting square after the word "YES" ~.hall be counted in favor of adoption of the measure. A cross (+') placed in the voting square after ~he word "NO" shall be counted against adoption of the measure. · .Seq.t. ion 11: A canvass of the ballots cast shall be con- ducted pursuant to Sections 17~80 - 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 in all other particulars not provided for, the Clerk shall conduct the election as provided by law. Section 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. · adjoumed PASSED AND ADOPTED at a/regular meeting of the City Council of the City of Tustin held on the 22nd day of June, 1987. ~, ~ ._ · ,,,._ .... -~'_----.' _ .~- ~ .~.... - '~- '"" (,,,_ _ Mayor ' - ./ ATTEST: (C44A) 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. 87-71 was duly and regularly introduced, passed and adopted at an adjourned regu~eeting of the City Council held on the 22nd day of June, 1987, by the following vote: ~.= AYES · COUNCILPERSONS- Edgar, Kelly, Prescott NOES · COUNCILPERSONS' Hoesterey, Kennedy ABSENT' COUNCILPERSONS' None City of Tust~in Calif6rn~a