RES-8084 Annexation No. 400RFSOLUTION NO. 8084
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE ORDERING THE
ANNEXATION OF TERRITORY DESIGNATED
AS ANNEXATION NO. 400 TO THE CITY OF
ORANGE, SUBJECT TO THE RESULTS OF AN
ELECTION TO BE HELD MARCH 2, 1993.
WHEREAS, the Local Agency Formation Commission of the County of Orange
adopted its Resolution No. 92-17 on June 3, 1992, making determinations and approving
the proposed annexation to the City of Orange of territory described in Exhibit A attached
hereto and by this reference incorporated herein (the "affected territory");
and WHEREAS, the terms and conditions of annexation as approved and stated by
the Local Agency Formation Commission are as
follows:
1.
approved.Subject to the terms and conditions hereinafter specified, said proposal
is 2. The boundaries of the territory proposed to be annexed to the City of Orange
as specifically described in the legal description attached hereto and by this reference made a
part hereof are modified to include all of the parcels along Acre Place, identified as
Assessor Parcels 379-121-09, 10, 11, 12, 13, and 14. Said territory is found to be
inhabited and is assigned the following short-form designation: ANNEXATION NO. 400
TO
THE CITY OF ORANGE.3. The City of Orange is designated as the conducting
authority and the legislative body thereof is hereby directed to initiate annexation proceedings
in
compliance with this resolution.4. The City of Orange, as applicant, shall be liable for and
pay all proper expenses incurred in conducting proceedings in
compliance with this resolution.5. The Executive Officer is hereby authorized and directed
to mail certified copies of this resolution in the manner as provided in Section 56853
of the Government Code.WHEREAS, the City Council has found that the reasons for
this annexation are to:1.
Eliminate a county island.
3. Provide municipal services while consolidating jurisdictional responsibilities;
and
WHEREAS, the regular county assessment roll is utilized by this city; and
WHEREAS, the affected territory will not be taxed for existing general bonded
indebtedness of this city; and
WHEREAS, a public hearing on this annexation was duly noticed for, and held on July
14, August 11 and September 8, 1992, pursuant to Government Code Section 57050; and
WHEREAS, the City Clerk has reported that the City Clerk has verified signatures and
examined the official voter register, as certified by the County Registrar; and the last official
equalized assessment roll of the County for the affected territory as required by applicable state
law; and
WHEREAS, the City Clerk has certified to the City Council that protests filed and not
withdrawn as of the close of the public hearing represent 44 % of the registered voters in the
affected territory and 40% of the landowners, who also own 32 % of the assessed value of
property within the affected area; and
WHEREAS, Government Code Section 57075 specifies that any election to confirm
and order of annexation be held on the next regular election date occurring at least 88 days
after the date of the resolution calling the election is adopted; and
WHEREAS, such date for an election on this annexation proposal would be March 2,
1993; and
WHEREAS, Elections Code Section 1340 et seq., authorizes an election conducted by
mail ballot under the circumstances presented for any election on this annexation proposal; and
WHEREAS, the City Council finds that it would be detrimental to the public interest to
hold any election on this annexation proposal by means other than mailed ballot pursuant to
Elections Code Section 1340 due to the small number of registered voters involved and the
expense of such other procedures; and
WHEREAS, the City Council finds that the entire affected territory is one precinct for
purposes of any such election; and
WHEREAS, this Resolution is adopted, and this annexation proposal has been
processed pursuant to TitIe 5, Division 3 of the Government Code, beginning with Section
56000, commonly known as the Cortese-Knox Local Government Reorganization Act of
1985,as amended to date;
and RESO NO. 8084 2-
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
orders the affected territory as set forth in Exhibit A hereto annexed to the City of Orange
subject to confirmation by the registered voters in the affected territory as set forth in this
Resolution, and further orders as follows:
1. That a special election is hereby called and noticed within the affected territory
on March 2, 1993, by mailed ballot pursuant to Elections Code Section 1340 and all other
applicable provisions of the Elections Code and the Orange Municipal Code.
2. That the ballot shall be mailed to all registered voters within the affected
territory no earlier than the 29th day before the date of the election and no later than the tenth
day before the date of the election, if combined with any sample ballot, or the seventh day
before the date of the election, if not so combined, and must be returned to the City Clerk no
later than 5:00 p.m. on March 2, 1993, pursuant to Elections Code Sections 1350 through
1353, and that the City Clerk shall appoint the necessary elections officials and canvassing
board for such election pursuant to applicable sections of the Elections Code.
3. That the question to be submitted at such special election shall be In
substantially the following form:
Shall the order adopted on September 22, 1992 by the City Council of the
City of Orange ordering the annexation to the City of Orange of the territory
described in that order and designated as Annexation No. 400 to the City of
Orange be confirmed?"
and that the ballot shall provide, on separate lines, for a vote of "Yes" or "No".
4. That if a majority of the registered voters within the affected territory casting
ballots in such election are in favor of confirmation, the order of the City Council set forth
above shall be confirmed and the affected territory shall be annexed to the City of Orange as
provided in the Government Code.
5. That the City Clerk is authorized to conduct such election by mail ballot and to
take all other necessary actions, give all necessary notices and perform all required duties
under the Government Code, the Elections Code, and the Orange Municipal Code for
conducting such election, and canvassing the returns from such election.
ADOPTED this 22nd day of September, 1992.
pss 3-RESO NO. 8084
ArrEST:
Jv~~y~~~~City Clerk the C oft6range
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
City Council of the City of Orange at a regular meeting thereof held on the 22nd day of
September, 1992 by the following vote:
AYES:COUNCILMEMBERS: STEINER, BARRERA, MAYOR BEYER, SPURGEON
NOES:COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: COONTZ
City Clerk 0 e City 8f ge
RESO NO. 8084 4-pss