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.
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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:
~ ~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
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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~ ~
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