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HomeMy WebLinkAbout59-060RESOLUTION NO. 59-60 CORRECTING AND AMENDING "RESOLUTION NO. 59-/4 CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 10TH DAY OF MARCH, 1959, TO SUBMIT TO THE ELECTORS IN ~iAT CERTAIN TERRITORY DESIGNATED "1%UEST SANTA ANA ANNEX" THE QUESTION OF WHETHER OR NOT SAID TERRITORY SHOULD BE ANNEXED TO THE CITY OF SANTA ANA, CALIFORNIA, DECLARING THAT PROTEST HAD NOT BEEN MADE BY THE OwNERs OF ONE-HALF OF THE VALUE OF SAID TERRITORY, CHANGING THE BOUNDARIES OF SAID TERRITORY TO DELETE THEREFROM THAT TERRITORY WITHIN GARDEN GROVE ANNEXATION NO. 63, AND RESUBMITTING THE BOUNDARIES AS CHANGED TO THE ORANGE COUNTY BOUNDARY COMMISSION", TO CORRECTLY STATE THE INTENT, DECISION AND ACTION OF THE CITY COUNCIL TAKEN ON JANUARY 8TH, 1959, IN THE ADOPTION OF SAID RESOLUTION NO. 59-14 WHEREAS, heretofore the City Council of the City of Santa Ana adopted a Resolution No. 58-243 consenting to commencement of pro- ceedings to au nex certain inhabited territory to said City, a~d thereafter the proponents of said annexation published notice of intention to circulate a petition for sa[ d annexation, and there- after filed a copy of said published notice, together with an accom- panying statement ~n d affidavit of publication; and WHEREAS, said City Council thereafter adol~ed Resolution No. 58-260 acknowledging receipt of said filing and approving the circu- lation of said petition, and said petition was duly circulated, filed, examined and presented to said City Council, with the required Cert- ificate showing that more than one-fourth of the qualified electors had signed the same; and WHEREAS, said City Council thereafter adopted Resolution No. 58-296 declaring its intention to call a special election to submit the question of annexation to the electors residing in that certain territory designated "West Santa Ana Annex", and fixing December 29, 1958, at 7:30 P.M. as the day and hour for owners to show why said territory should not be annexed, and to file protests against said election; that at said hour it was determined that protests had been filed by the owners of l~d representing an assessed value of $199,570.00, which said figure was less than one-half the value of the territory, and said protest heazing was continued to 5 P.M., January 8, 1959, for the filing of further protests; aud WHEREAS, at said continued hearing, withdrawal of protests representing the value of $20,730.00 were received and filed, ~d additional protests representing a value of $137,850.00 were received and filed; that upon examination of said protests and said protest withdrawals, it was determined that protests representing assessed value in amount of $316,690.00 had been filed; that the assessed value of the territory was $1,969,290.00, and it was determined and declared that the protests represented 16% of the assessed value of the terri- tory, and that the owners of one-half of the value of the territory had not protested against said election, and ~EREAS, the City Council thereupon found and declared that protests against the annexation of that certain territory theretofore designated as "~est Santa Ana Annex", and against the holding of an election in said territory on the question of annexation, had not been made by the owners of one-half of the value of said territory, as shown on the last equalized assessment roll of 0r~ge County, Cali- fornia; that such protests represented but 16% of said value, and declared that it had come to the attention of the City of S~ta Aha that said "West Santa Ana Annex" had inadvertently overlapped or in- cluded a small portion of Garden Grove Annexation No. 63, and that said overlapped or included area should fo rth~th be excluded from the "West Santa Ana Annex" by a change of the boundaries of said annex as permitted by Government Code Section 35121.5, and instructed the City Attorney to immediately resubmit a new description of the bound- aries, together with an accompanying map to make such change in the boundary as is necessary to exclude said ove~apped or included portion of Garden Grove Annexation No. 63, the same being materially less than 5% of the entire area of said Santa Ana annexation; and WHEREAS, the Resolution title hereinabove quoted in full in the title of this Resolution was presented to the Council in written form and was passed and adopted by said Council by the unanimous vote of all Councilmen present, Councilman Royal B. Hubbard then being absent, and the Santa Ana City Attorney was instructed, if said new descrip- tion of boundaries be approved as to definiteness and certainty, thereafter to use said new description boundaries in all matters -2- pertaining to the "West Sanba Ana Annex"; and WHEREAS, said new boundary desc~iption was approved and was thereafter used in all matters relating to said annexation; and WHEREAS, said Council in said Resolution No. ~9-14 ordered a special municipal election to be held in said annexation terri- tory on the 10th day of March, 19~9, for the purpose of submitting to the electors residing in said te~Titory the question of whether or not said territory should be annexed to the City of Santa Ana, California; and WHEREAS, it has now been discovered that while the title of Resolution No. ~9-14 recited the changing of tt~e boundaries of said territory to delete therefrom territory within Garden Grove Annexa- tion No. 63, and resubmiss~ on of the boundaries as changed to the Orange County Boundary Commission, carrying out the expressed intent of the City Council of the City of Santa Aha and express orders to the City ~ttorney, which were in fact carried out in detail, the City Attorney, in drafting said Resolution, inadvertently omitted therefrom the paragraph of direction requiring him to resubmit the corrected boundary description to the Orange County Boundary Commisst on. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Ana hereby reaffirms the action taken by it as ex- pressed in Resolution No. 59-14, and declares that it was the express intention and direct order of the City Council that the language re- quiring the changed boundary description and map to be resubmitted to the 0range County Boundary Commission under authority of the GoverumerZ Code Section ~121.5, be included in said Resolution No. ~9-14, and said Resolution No. ~9-14 is hereby corrected and amendod by the addition thereto of the following paragraph at the end thereof: "BE IT FURTHER RESOLVED: That the boundaries of the "West Santa Ana Annex" are hereby changed and amended to diminish the entire area by an amount of less than 1% thereof by delet- ing therefrom that portion of Garden Grove Annexation No. 63, which said original described boundaries overlapped or included~ -3- and ~he City Attorney is directed to immediately submit to the Orauge County Boundary Commission the boundaries of the "West Santa Ana Annex" as changed by this order, together with a new map showing said boundaries corrected to omit therefrom that small portion of Garden Grove Annexation N. 63, origin- ally overlapped or included, and when the same have been ap- proved asto definiteness and certainty to use said changed boundaries description in all matters hereinafter pertaining to "West Santa Ana Annex"." BE IT FURTH-ER RESOLVED: That this amendment is made nunc pro tunc as of the date of January 8, 1959, for the purpose of correctly expressing the action then taken, and is not a change, modification or amendment of any action, but is only an accurate and complete ex- pression of the action expressed in words and taken, on January 8, 1959 - PASSED AND ADOPTED by the City Council of the City of Santa ina at its regular meeting hel~~t~e 16th d~ Narch, 1~59. ~LERK OF -THE 00UNCIL STATE OF CAL~FORNIA) COUi~TY OF ORANGE ) SS CITY OF SANTA A~ ) the was on the 16th day of March , 1959, and was at s~i d meeting larly passed and adopted by the following vote, to-wit: AYES, COUNCILMEN: Royal ~. Hu~bard~ A. A. Nail, Stanley C. Could, Jr., I, MARION SUTTNER, do hereby certify that I am the Clerk of Council of the City of S~ta Aha; that the foregoing Resolution regularly introduced to said Council at its regular meeting held regu- NOES, ABSENT, COUNCIL~IEN: COUNCIL~N: None J. Ogden Markel~ Dale H. Heinly CLERK OF THE COUNCIL