Loading...
HomeMy WebLinkAbout03-103 CC ResolutionRESOLUTION NO. 03-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OVERRULING PROTESTS AND DETERMINING RESULTS OF ELECTION - INTEGRATED FINANCING DISTRICT NO. 03-05 (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 Integrated Financing 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 Integrated Financing 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 Integrated Financing 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 Integrated Financing District were not signed by the owners of a majority or more of the area of the lands within the Integrated Financing District to be contingently assessed for purposes of the Integrated Financing 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 Integrated Financing District, as reported by the City Clerk, were that more than a majority of votes cast (weighted according to the proportional maximum contingent financial obligation of each property voting) were in favor of the establishment of the Integrated Financing Distdct and the levy of assessments therein, so it is therefore determined that a majority protest does not exist. R:/Resos 2003/Resos 03-103 1 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: ~ ~Jef~ E~. Stone, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No.03-103 was duly and regularly ado.?ted by the City Council of the City of Temecula at a regular meeting thereof held on the 12'' day of August, 2003, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNClLMEMBERS: None ...,,,~City Clerk R:/Resos 2003/Resos 03-103 2 EXHIBIT A CITY CLERK'S CERTIFICATE REGARDING RESULT OF ASSESSMENT BALLOTS CAST - CITY OF TEMECULA INTEGRATED FINANCING DISTRICT NO. 03-05 (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 Integrated Financing District No. 03-05 (John Warner Road), and the levy of contingent special assessments therein, and in accordance with instructions contained in the Integrated Financing District Ballot. I personally tabulated the ballots and certify the result of that count to be as follows: TOTAL VOTES THAT COULD BE CAST: 33, representing maximum contingent assessments of $ 2,417,368.33 TOTAL VOTES CAST "YES" 22, representing maximum contingent assessments of $1,680,543.86 TOTAL VOTES CAST "NO" ~2, representing maximum contingent assessments of $ 259,012.22 THE VOTES CAST "YES" EQUAL 92 % OF THE TOTAL VOTES CAST, weighted by the respective amounts of maximum contingent assessments. I hereby make the foregoing Certification on (Susan W. Jpn~s, CMC City Cl~rk, ~,~ty of mer~ecd~a ~ Cohu~iver~e / State of California~ ~ R:/Resos 2003/Resos 03-103 3