CC Resolution No. 38RESOLUTION 110.
A RESOLUTION OF THE CITY COUNCIL OF' THE CITY OF' CUPERTINO REJECTIl."U"
A CERTAIN CONDITIONAL CONSENT Oft PROTEST TO THE HOMESTEAD 4 -C AN17jXA-
TION.
WHEREAS, the above proposed annexation has heretofore been
sought by H. ARONSEN and HERMILA ARONSEN, and
WHEREAS, the City Council has pursuant thereto instituted
proceedings and expended public monies in this connection there-
with, and
WHEREAS, by letter dated February 12, the aforesaid proponents
have demanded industrial. zoning as a condition to withholding
written protest to the annexation proposed by themselves, and
WHEREAS, the purported condition would require the performance
of acts by the City Council beyond its jurisdiction and, there-
fore, unlawful, to -wit: the rezonin6 of property before obtaining
jurisdiction and the avoidance of public hearings before the
citizens of the City, and
WHEREAS, the Council has been advised by its attorney that
proponents are without right to impose such conditions and are
estopped from protesting their own proposal for annexation, and
WHEREAS, the Permanente Cement Company by letter of February 8,
1957 has informed the Council that it received "volunteered"
information that the area owned by it and located within the
proposed annexation would be zo;zed industrial,
NO17, THEREFORE, BE IT RESO:1VED :
Section 1. That the letter^ of February 12 from the proponents
be rejected and deemed of no f o?ce and effect for any purpose and
that proponents be so advised by the City Clerk.
Section 2. That Permanenta Cement Company be advised by the
City Clerk that no plans have been made for rezoning the area in
the proposed annexation.
-1-
I hereby certify that the foregoing Resolution was adopted
by the City Council of the City of Cupertino at its meeting held
on the 18th day of February 1957, by the following vote:
'
AYES: Councilmen, Li u 4 -j c
NOES: Councilmen,
ABSENT: Councilmen.,
City Clerk
Signed and approved this ► day of 1957.
mayor or the city of c - upertino
-2--