HomeMy WebLinkAbout03-101 CC ResolutionRESOLUTION NO. 03-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA OVERRULING PROTESTS AND DETERMINING
RESULTS OF ELECTION - ASSESSMENT DISTRICT NO. 03-04
(JOHN WARNER ROAD)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE
AND ORDER AS FOLLOWS:
WHEREAS, on June 24, 2003 the City Council (the "Council") of the City of Temecula
(the "City") adopted a resolution of intention to acquire and construct improvements and to form
the City of Temecula Assessment District No. 03-04 (John Warner Road) (the "Assessment
District") and the related City of Temecula Integrated Financing District No. 03-05 (John Warner
Road) (the "Integrated Financing District"); and
WHEREAS, this Council also has adopted a resolution preliminarily approving an
Engineer's Report for the Assessment District and the Integrated Financing District, and calling
for a public meeting and hearing, and an election, with respect to the proposed Assessment
District; and
WHEREAS, a notice of the public meeting and hearing, accompanied by ballot
materials, were mailed by the City Clerk in accordance with applicable law; and
WHEREAS, all written protests and other written communications received by the City
Clerk with respect to the Assessment District were publicly read at the public meeting and
hearing and all persons desiring to be heard at the public meeting and public hearing were fully
heard; and
WHEREAS, at the conclusion of the public meeting and hearing, the City Clerk tabulated
the ballots cast in the election with respect to the Assessment District, and the City Clerk has
completed and filed with the Council a Certificate regarding the results of the election in the form
attached hereto as Exhibit A; and
WHEREAS, this Council now desires to overrule any protests and declare the results of
the election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as
follows:
Section 1. That protests, if any, against the Assessment District were not signed by
the owners of a majority or more of the area of the lands within the Assessment District to be
assessed for the purposes of the Assessment District.
Section 2. That said protests, if any, be, and each of them are hereby overruled.
Section 3. That the results of the election held within the Assessment District, as
reported by the City Clerk, were that more than a majority of votes cast (weighted according to
the proportional financial obligation of each property voting) were in favor of the establishment
of the Assessment District and the levy of assessments therein, so it is therefore determined
that a majority protest does not exist.
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Section 4. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 12th day of August, 2003.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
SS
I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Resolution No. 03-101 was duly adopted and regularly adopted by the City Council of
the City of Temecula at a regular meeting thereof held on the 12th day of August, 2003, by the
following vote:
AYES:
5 COUNClLMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN:
0 COUNCILMEMBERS:
None
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EXHIBIT A
CITY CLERK'S CERTIFICATE REGARDING
RESULT OF ASSESSMENT BALLOTS CAST - CITY OF TEMECULA
ASSESSMENT DISTRICT NO. 03-04 (JOHN WARNER ROAD)
I, the undersigned City Clerk of the City of Temecula hereby certify that I have personally
received and assembled all ballots eligible to be cast in the proceedings for the establishment of
the City of Temecula Assessment District No. 03-04 (John Warner Road), and the levy of
special assessments therein, and in accordance with instructions contained in the Assessment
Ballot. I personally tabulated the ballots and certify the result of that count to be as follows:
TOTAL VOTES THAT COULD BE CAST: 36, representing assessments of
TOTAL VOTES CAST "YES" 24, representing assessments of
TOTAL VOTES CAST "NO" 3 , representing assessments of
$1,332,895.05.
$ 888,596.70.
$ 107,380.11.
THE VOTES CAST "YES" EQUAL 89 % OF THE TOTAL VOTES CAST, weighted by the
respective amounts of assessments.
I hereby make the foregoing Certification on
Res, CMC Cit~ Clerk,
~City of Ted cula I
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State o~TCa ~rnra-----.__~'
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12..2003.
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