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76-134
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Last modified
1/3/2012 12:34:31 PM
Creation date
6/26/2003 10:46:48 AM
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Template:
City Clerk
Doc Type
Resolution
Doc #
76-134
Date
10/26/1976
Document Relationships
85-058
(Amended By)
Path:
\Resolutions\CITY COUNCIL\1952 - 1999\1985
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RESOLUTION NO. 76-134 <br /> <br /> Section 6. United Artists Theaters, Inc., Allison <br />Honer Co., a Partnership, Bank of America National Trust and <br />Savings Association, M.B.F.G. Theater Circuit, Inc., and <br />JOHN DOES 1 through 4, and all other persons of record, having <br />legal or equitable title in the real property known as 1565 <br />West 17th Street, Santa Ana, California, on which is located <br />the motion picture business commonly known as the "Mitchell <br />Brothers' Santa Ana Theater" are: <br /> <br /> A. hereby informed and given notice that (1) the <br />City Council has determined that a public nuisance exists on <br />the property located at 1565 West 17th Street, Santa Ana, <br />California; namely, the "Mitchell Brothers' Santa Ana Theater" <br />and that, under Section 12-103 of the Santa Aha Municipal Code, <br />they are responsible therefor upon receiving notice through <br />service of a certified copy of the Ordinance and a certified <br />copy of this Resolution, and (2) any and all licenses and <br />permits heretofore issued for the premises known as 1565 West <br />17th Street, Santa Ana, California, are hereby revoked under <br />the provisions set forth in Section 12-104 (D) of the Santa <br />Aha Municipal Code; and <br /> <br /> B. hereby ordered, under Government Code Section <br />38773 and Section 12-104(E) of the Santa Ana Municipal Code, <br />to summarily abate the abovementioned public nuisances im- <br />mediately, by terminating, or causing to be terminated, the <br />exhibition of the abovedescribed lewd films and to voluntarily <br />surrender possession of the same to the Court having juris- <br />diction of the legal proceedings which the City Attorney has <br />been ordered to institute under Section 12-105 of the Santa <br />Aha Municipal Code. Each of the abovementioned persons shall <br />notify the City Council of Santa Aha by sworn affidavit of <br />his compliance with this Order of Summary Abatement, as <br />required by Section 12-104(E) of the Santa Ana Municipal Code. <br /> <br /> Section 7. United Artists Theaters, Inc., Allison <br />Honer Co., a Partnership, Bank of America National Trust and <br />Savings Association, M.B.F.G. Theater Circuit, Inc., and <br />JOHN DOES 1 through 4, and all other persons of record, having <br />legal or equitable title in the real property known as <br />1565 West 17th Street, Santa Ana, California, on which is <br />located the motion picture business commonly known as the <br />"Mitchell Brothers' Santa Ana Theater", are hereby informed and <br />given notice that: <br /> <br /> A. under Sections 12-104(F) and 12-105 of the Santa <br />Ana Municipal Code, the City Attorney has been ordered to in- <br />stitute legal proceedings under Civil Code Sections 3491 and <br />3494, and Civil Procedure Code Section 731, naming them as <br />defendants in an action to abate the same, and to seek resti- <br />tution for the costs of abatement, including: <br /> <br />(1) investigative costs; <br /> <br />(2) Court costs; <br /> <br />(3) reasonable attorney's fees arising out of <br />preparations for and trial of the cause, and <br />appeals therefrom; and <br /> <br />(4) printing costs of trial and appellate briefs <br />and all other papers filed in such proceedings. <br /> <br /> <br />
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