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RESOLUTION NO. 85- 58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DETErmINING THAT THE P~EAL PROPERTY AND ACTIVITY KNOWN AS THE MITCHELL BROTHERS' SANTA ANA THEATER, LOCATED AT 1565 ~FEST 17th STREET, SANTA ANA, CALIFORNIA, IS IN VIOLATION OF ORDINANCE NS-1325 OF THE CITY OF SANTA ANA, AS AMENDED: DECLARING SUCH ACTIVITY TO BE A PUBLIC NUISANCE, AND ORDERING ABATEMENT; AND ORDERING THE CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO COMPLY WITH SECTION 12-105 OF THE SANTA ANA MUNICIPAL CODE. BE IT RESOLVED by the City Council of the City of Santa Aha: Section 1. Pursuant to Section 38771 of the Government Code which authorizes the City Legislative Body to declare by ordinance what constitutes a nuisance, the City Council of Santa Ana did, on the 5th day of January, 1976, adopt Ordinance No. NS-1287 which became effective on the 18th day of February, 1976, and did supersede the same with Ordinance NO. NS-1325, adopted as an urgency Ordinance on the 4th day of October, 1976, to become effective immediately u~on adoption and as amended by Ordinance NO. NS-1452, adopted September 18, 1978. Said Ordinance declares: A. Any and every place in the City of Santa Ana where: (1) lewd films are publicly exhibited as a regular course of business, or possessed for the purpose of such exhibition; or (2) a lewd film is publicly and repeatedly exhibited, or possessed for the purpose of such exhibition, to be a public nuisance. B. Any and every lewd film which is publicly exhibited or possessed for such purpose at a place which is a public nuisance under (A) above, to be a public nuisance Der se. Section 2. Pursuant to the provisions of Ordinance NS-1325, as amended, the City Councii of Santa Ana makes the following findings of fact concerning the motion picture films which have been and are being exhibited at the "Mitchell Brothers' Santa Aha Theater" and the course of business at said theater: A. Upon the instructions of the Santa Aha City Attorney, a continuous weekly surveillance of the films being exhibited at the "Mitchell Brothers' Santa Ana Theater" has been maintained during the period from November 28, 1975, through April 29, 1985. A list of such films and the play dates is attached as Enclosure "a". B. During the period from November 28, 1975, through April 12, 1977, approximately 25 programs were surveilled at the "MitchellBrothers'Santa Ana Theater," with each program containing one or more motion picture films. Such motion picture films were made the subject of a Complaint in Equity for an Injunction, and to Abate a Public Nuisance, filed in the Orange County Superior Court pursuant to Santa Ana Council Resolution No. 76-134, passed and adopted on October 26, 1976. Said lawsuit resulted in Findings of Pact and Conclusions of Law and a final judgment