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RESOLUTION NO. 77-144
<br />PAGE FOUR
<br />
<br /> Section 6. United Artists Theaters, Inc., Allison
<br />Honer Co., A Partnership, Bank of American 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 Aha,
<br />California; namely, the "Mitchell Brothers' Santa Ana Theater"
<br />and that, under Section 12-103 of the Santa Ana 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 />Ana 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 Ana
<br />Municipal Code. Each of the abovementioned persons shall
<br />notify the City Council of Santa Ana 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 conunonly 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 />A_na Municipal Code, the City Attorney has been ordered to in-
<br />stitute legal proceedings under Civil Code Sections 3491 and
<br />3494, and Code of Civil Procedure 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.
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