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14
<br />
<br /> RESOLUTION NO. 219~
<br />
<br />IN THE MATTER OF ACQUISITION AND II~PROVEMENT DISTRICT NO.
<br /> 3 OF THE CITY OF SANTA ANA
<br />
<br /> RESOLUTION DIRECTING ACTION FOR ?,'RIT OF MANDATE TO
<br /> BE BROUGHT
<br />
<br /> WHEREAS, by a Resolution and Order adopted by the City Council of the
<br /> City of Santa Ana on the 24th day of March, 1930, the City Treasurer of the City
<br /> of Santa Ana was ordered to issue Acquisition Bsnds of Acquisition and Improve-
<br /> ment District No. 3 of the City of Santa Ana, in the aggregate principal sum of
<br /> ~i~66,96~.45, said bonds being ordered by this City Council to be issued for the
<br /> purpose of paying the interlocutory judgments, costs and incidental expenses of
<br /> the acquisitions and proceedings had and sought to be acquired for the widening
<br /> of East First Street, as described in Resolution of Intention No. 2020, In the
<br /> Matter of said District, adopted by this City Council on the 1st day of October,
<br /> 1928; and
<br />
<br /> WHEREAS, thereafter, after notice was regularly published offering said
<br /> bonds for sale, and on April 21, 1930, the date specified in the notice, said
<br /> City Council accepted the bid of Redfield, Van Evera & Company, of the face value
<br /> of said bonds, plus accrued interest from the date thereof, and a premium of
<br /> $2071.00; and
<br />
<br /> WHEREAS, Margaret L. E~au, the City Treasurer of the City of Santa Ana,
<br /> has refused to execute or deliver the said bonds to the said purchaser, or to
<br /> proceed further with the sale thereof in accordance with the Resolution and Order
<br /> of said City Council, for the reason that she believes that the proceedings under
<br /> which said bonds were issued are faulty and irregular, and the proceedings
<br /> thereby invalid, and the bonds ordered issued void; and
<br />
<br /> WHEREAS, the public interest, necessity and convenience require that
<br />said bonds be executed and delivered to the purchaser hereinbefore named without
<br />delay, and that the money derived from the sale thereof be obtained for the
<br />purpose of paying the interlocutory judgments, costs and expenses of the proceed-
<br />ings under which said bonds were issued in order to obtain possession and use of
<br />the lands sought to be condemned for the public use;
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED B~Z THE CITY COUNCIL OF THE CITY OF
<br />SANTA ANA, AS FOLLOWS;
<br />
<br /> le That it is urgently required by the public interest, necessity and
<br />convenience that said bonds ordered by Resolution and Order of this City Co~mcil
<br />adopted March 24, 1~30, and ordered executed and delivered to Redfield, Van Evera
<br />& Company upon their bid, after notice of sale thereof, be executed and delivered
<br />to said purchaser by ~argaret L. Esau, City Treasurer of the City of oanta Ana~
<br />and that the said Margaret L. Esau, City Treasurer, be compelled by Mandate of
<br />the Court to execute and deliver the same to the purchaser upon the payment of
<br />the total of its bid.
<br />
<br /> 2. That the City Attorney of the City of Santa ~ua be, and he
<br />authorized and directed to commence an action in the name of the City of
<br />in the Superior Court of the State of California, in and for the
<br />
<br /> is
<br />
<br /> Santa Ana
<br />County of Orange,
<br />
<br />
<br />
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