HomeMy WebLinkAboutNS-662ORDINANCE NS-662 TERMINATING ALL PROCEEDINGS
TAKEN IN CONNECTION WITH THE ANNEXATION OF
TERRITORY DESIGNATED AS THE "NEWPORT AND DYER,
S.E. ANNEX"
WHEREAS, on June 11, 1962, June 22, 1962, and July 23, 1962,
the City Council of the City of Santa Ana by the adoption of
Resolutions No. 62-110, 62-122 and 62-145, respectively, declared
its intention to annex to said City certain territory designated
in each Resolution as the "NEWPORT AND DYER, S. E. ANNEX", the
proposed boundaries of which were in each instance exactly the same
and a legal description of which is more particularly set forth in
each of the said Resolutions referred to above; and
WHEREAS, each of said Resolutions was published and notice
given of a protest hearing to be held in connection with said
Resolution; and
WHEREAS, protest hearings were held in connection with these
proposed annexations on July 23, 1962 (Resolution No. 62-110),
August 6, 1962 (Resolution No. 62-122), and September 10, 1962
(Resolution No. 62-145), and the hearing on Resolution No. 62-122
held on August 6, 1962, having been continued to September 10, 1962,
and at that time consolidated with the protest hearing held in
connection with Resolution No. 62-145, and the combined protest
hearings were from time to time thereafter continued by said City
Council; and
WHEREAS, upon the final adjournment of each of said protest
hearings it was found and declared by resolution that a majority
protest had not been made; and
WHEREAS, action was then taken by said City Council in
connection with each proposed annexation to consider and adopt an
ordinance approving said annexation and declaring the annexation
of said territory to be complete, Ordinance No. NS-601 having been
adopted in connection with the proceedings taken under Resolution
No. 62-110, Ordinance No. NS-627 having been adopted in connection
with the proceedings taken under Resolution No. 62-122, and
Ordinance No. NS-628 having been adopted in connection with the
proceedings taken under Resolution No. 62-145; and
WHEREAS, The Irvine Company, as an owner of territory within
the boundaries of each of the proposed annexations, commenced an
action against the City of Santa Ana, the City Council and others
named therein in the Superior Court for the County of Orange
(Civil No. 105799) entitled "The Irvine Company, a corporation,
Petitioner, vs. The City of Santa Aha, a municipal corporation,
et al., Respondents" challenging the validity of certain actions
taken by the City of Santa Ana in connection with the proceedings
for such annexations taken under Resolutions No. 62-110, 62-122 and
62-145; and
WHEREAS, on May 20, 1963, The Irvine Company and the City of
santa Ana entered into a Settlement Agree~aent providing, among
other things, that the legal action instituted by The Irvine
Company be dismissed and that action be taken by the City Council,
the City of Santa Aha and the other Respondents to said action, to
terminate the annexation proceedings instituted under said
Resolutions and to rescind, repeal and revoke the Ordinances so
adopted and all other actions taken by the City of Santa Aha in
connection with, Or as a part of, or in furtherance of the annexa-
tion proceedings instituted under said Resolutions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES ORDAIN AS FOLLOWS:
SECTION 1: That the annexation proceedings instituted by
the City of Santa Ana under Resolutions No. 62-110, 62-122 and
62-145, or any of them, for the annexation of the territory referred
to therein as "NEWPORT AND DYER, S.E. ANNEX" are hereby terminated
by said City; and
SECTION 2: That Ordinances No. NS-601, NS-627 and NS-628,
and any and all other actions, findings, determinations, proceedings,
motions, resolutions or ordinances adopted or enacted in connection
with or purporting to be a part of or in furtherance of the so-called
"NEWPORT AND DYER, S.E. ANNEX" instituted under Resolutions No. 62-110,
62-122 and 62-145, or any of them, are hereby rescinded, repealed
and revoked and shall be null and void and of no further force or
effect; and
SECTION 3: That no officers, employees, agents, representa-
tives, or any other persons action for or on behalf of said City
shall do or cause or permit to be done any act or acts in furtherance
of or looking toward the completion of said annexation proceedings.
SECTION 4: This Ordinance shall take effect thirty days from
and after the date of its adoption.
PASSED AND ADOPTED by the City Council of the City of Santa
Ana at its regular meeting held on the 17th day of June, 1963.
ATTEST:
CLERK OF THE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SANTA ANA )
SS
I, DORIS M. BROWN, do hereby certify that I am the Clerk of
the Council of the City of Santa Aha, California; that the foregoing
Ordinance was introduced at a regular meeting of the City Council
of said City held on the 3rd day of June, 1963, and was again
considered by said Council at its regular meeting held on the 17th
day of June, 1963, and at said meeting was regularly passed and
adopted by said Council by the following vote, to-wit:
AYES,
COUNCILMEN: Harvey~ Gilmore, Schlueter, Hubbard
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Hall
CLERK OF THE COUNCIL
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