HomeMy WebLinkAboutCity Council - 1280 RESOLUTION NO. 1280
WHEREAS, the City of Huntington Beach did, on April 8,
1950, annex the uninhabitated territory known as the North-
west extension; and
WHEREAS, said annexation was attacked by a Quo Warranto
•
action entitled, "The People of the State of California, ex
rel SOUTHWEST EXPLORATION COMPANY, a California corporation"
vs. CITY OF HUNTINGTON BEACH , et al, No. 54393 in the Super-
ior Court of the State of California, in and for the County
of Orange; and
WHEREAS , after hearing in the Superior Court , a judg-
ment was entered in said action declaring said annexation
to be void and the defendants having filed a Notice of Ap-
peal from said judgment; and
WHEREAS, the City Council did on the 4th day of June ,
1956 , direct that the City Attorney enter a Dismissal of
said appeal , which dismissal was filed on June 18, 1956;
and
WHEREAS, pursuant to said annexation above set forth,
the City of Huntington Beach did levy, assess and collect
taxes in the annexed area and the taxpayers in said annexed
area paid said city taxes under protest and filed the fol-
lowing actions for the refund of said city taxes;
Signal Oil and Gas Company, Plaintiff, v. County
of Orange , City of Huntington Beach , et al. , Defend-
ants, being Action No. 58301 on the records of the
(1)
Reso. No. 1280
Superior Court of the State of California in and for
the County of Orange; Southwest Exploration Company,
Plaintiff, v. County of Orange , City of Huntington
Beach, et al. , Defendants, being Action No. 58300 on
the records of the Superior Court of the State of
California in and for the County of Orange; Signal Oil
and Gas Company, Plaintiff v. County of Orange, City
of Huntington Beach , et al. , Defendants, being Action
No. 60542 on the records of the Superior Court of the
State of California in and for the County of Orange;
Southwest Exploration Company, Plaintiff v. County of
Orange , City of Huntington Beach et al. , Defendants,
being Action 60541 on the records of the Superior Court
of the State of California in and for the County of
Orange ; Signal Oil and Gas Company, Plaintiff, v. County
of Orange, City of Huntington Beach , et al. , Defendants,
being Action No. 62693 on the records of the Superior
Court of the State of California in and for the County
of Orange; Southwest Exploration Company, Plaintiff, V.
County of Orange , City of Huntington Beach , et al. ,
Defendants, being Action No. 62694 on the records of
the Superior Court of the State of California in and for,
the County of Orange; Signal Oil and Gas Company) Plaint-
iff, v. county of Orange, City of Huntington Beach , et
al. , Defendants, being Action No. 65587 on the records
of the Superior Court of the State of California in and
(2)
Reso. No. 1280
for the County of Orange ; Southwest Exploration Company,
Plaintiff, v. County of Orange, City of Huntington Beach
et al. , Defendants, being Action No. 65586 on the records
of the Superior Court of the State of California in and
for the County of Orange; Signal Oil and Gas Company,
Plaintiff , v. County of Orange , City of Huntington Beach,
et al. , Defendants, being Action No. 68730 on the records
of the Superior Court of the State of California in and
for the County of Orange ; Southwest Exploration Company,
Plaintiff, v. County of Orange, City of Huntington Beach,
et al. , Defendants , being Action No. 68731 on the records
of the Superior Court of the State of California in and
for the County of Orange , hereinafter collectively re-
ferred to as "tax actions"; and
WHEREAS , the plaintiffs in said actions, SIGNAL OIL kdQ'
GAS,, 'COMPANY AND SOUTHWEST EXPLORATION COMPANY, have offered to
settle said actions upon the following basis:
(1) That the City of Huntington Beach and the County
of Orange file a stipulated judgment in each of the
said tax actions, in favor of the plaintiff, for the
respective amounts of the City taxes assessed in said
annexed area and paid, under protest.
(2) That the City of Huntington Beach and the County
of Orange take such necessary steps to remove from the
1956-1957 City of Huntington Beach Tax Assessment Roll,
the property of SIGNAL OIL AND GAS COMPANY and SOUTHWEST
EXPLORATION COMPANY , which are within said annexed area.
(3)
Reso. No. 1280
(3) That the City of Huntington Beach take appropriate
steps, if any may be necessary on their part to be taken,
to enable SOUTHWEST EXPLORATION COMPANY to exonerate the
bond presented by SOUTHWEST EXPLORATION COMPANY to the
Attorney General of the State of California, pursuant to
0 11 Calif. Adm. Code 2 (Sec. 6) in connection with the
filing and prosecution of said quo warranto action.
(4) That thereupon SIGNAL OIL AND GAS COMPANY and SOUTH-
WEST EXPLORATION COMPANY will waive their respective
claims for interest on the said taxes paid under protest
in each and all of said tax actions , and further, will
waive their respective claims for any and all unpaid
items of legal costs in the said quo warranto action and
in said tax actions; and
WHEREAS, the City Council of the City of Huntington Beach
has secured the legal opinion from outside counsel advising
the city that ,"there is no reasonable probability that the
trial court's judgment would be reversed if appealed from",
and further advising and recommending that no appeal be taken;
and
WHEREAS, the City Council has found and determined that
it would be for the best interest of said city that the appeal
in the quo warranto action be dismissed and that the said tax
actions be finally concluded in accordance with the offer made
by SIGNAL OIL AND GAS COMPANY and SOUTHWEST EXPLORATION COMPANY
in the waiving of the interest and unpaid items of legal costs.
NOW THEREFORE , be it resolved by the City Council of the
(4)
L
Reso. No. 1280
City or Huntington Beach that the City Attorney be and he is
hereby directed to enter into Stipulations or Judgment in each
or said tax actions, which Stipulations shall include the fol-
lowing provisions;
1. That plaintiffs take judgment for not more than
the amount of city taxes paid by them under protest
on their property in said annexed area;
2. That plaintiffs waive their respective claims
for interest in each and all of said tax actions;
3. That plaintiffs waive their respective claims
for any and all unpaid items of legal costs in said
tax actions;
The City Attorney is further directed to take such appro-
priate steps as may be necessary to effectuate the refund of
city taxes paid , under protest, by SIGNAL OIL AND GAS COMPANY
and SOUTHWEST EXPLORATION COMPANY on their property in the
annexed area.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach , California,
at a regular meeting thereof
b held on the 18th day of June , 1956.
Mayor
ATTEST.
-
City Clerk
( 5)
Reso. No. 1280
•
STATE OF CALIFORNIA
County of Orange ss
City of Huntington Beach )
I, JOHN L. HENRICKSEN, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex-
officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council
IIII of the City of Huntington Beach is five ; that the foregoing
resolution was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council
at a regular meeting thereof held on the 18th day of June ,
1956) by the following vote:
AYES: Councilmen:
Irby, Lockett , Bartlett , Bryant, Terry
NOES-. Councilmen:
None
ABSENT: Councilmen:
None
tr
City Clerkand ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
(6)