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CC - 2004-53 - Ordinance 836 - Rescinding Development Wal-Mart agreement• 0 RESOLUTION NO. 2004-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD RECONSIDERING AND RESCINDING ORDINANCE NO. 836 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT WITH WAL-MART REAL ESTATE BUSINESS TRUST FOR DEVELOPMENT OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF WALNUT GROVE AVENUE AND RUSH STREET (DEVELOPMENT AGREEMENT 04- 01) Section 1. RECITALS. A. On September 14, 2004, the Rosemead City Council adopted Ordinance No. 836 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT WITH WAL-MART REAL ESTATE BUSINESS TRUST FOR DEVELOPMENT OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF WALNUT GROVE AVENUE AND RUSH STREET (DEVELOPMENT AGREEMENT 04-01); and B. On October 13, 2004, a referendum petition was submitted to the City Clerk of the City of Rosemead demanding "that Ordinance No. 836 be reconsidered by the Rosemead City Council and repealed, or if not entirely repealed, that Ordinance No. 836 be submitted to a public vote of the people of the City of Rosemead at the next regular local election, or if desired by the City Council at a special election called for that purpose; and C. The City Clerk accepted the petition for filing in accordance with California Elections Code § 9239 and, following an examination of the signatures by the Los Angeles County Registrar-Recorder's Office, the City Clerk found the number of valid signatures thereon to be sufficient certified the results of the examination to the City Council at its meeting of December 14, 2004; and D. California Elections Code § 9241 provides that upon certification of a referendum petition the legislative body shall either repeal the ordinance against which the petition is filed, or shall submit the ordinance toithe voters. NOW, THEREFORE, the City Council of the City of Rosemead does hereby resolve and determine as follows: Section 2. Pursuant to California Elections Code § 9241, Ordinance No. 836, 0 • adopted September 14, 2004, is rescinded and repealed in its entirety. Section 3. Ordinance No. 836 shall have no further validity nor effect. Section 4. The City Clerk shall attest to the adoption of this Resolution. On motion by Council Member Imperial , seconded by Council Member Vasquez , the foregoing Resolution was passed and adopted this 14th day of December, 2004, by the City Council of the City of Rosemead, California by the following vote: AYES: Alarcon, Vasquez, Clark, Taylor, Imperial NAYES: None ABSTAIN ABSENT: None ~t't Ln4 e ~ MARGARET CLARK, MAYOR ATTEST: NANCY VALDERRAMA CITY CLERK 2 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD I; Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2004-53 being: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, RECONSIDERING AND RESCINDING ORDINANCE NO. 836 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT WITH WAL-MART REAL ESTATE BUSINESS TRUST FOR DEVELOPMENT OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF WALNUT GROVE AVENUE AND RUSH STREET (DEVELOPMENT AGREEMENT 04-01) was duly and regularly approved and adopted by the Rosemead City Council on the 14m day of December, 2004, by the following vote to wit: YES: VASQUEZ, IMPERIAL, CLARK, ALARCON, TAYLOR NO: NONE ABSTAIN: NONE ABSENT: NONE Nancy Valderr ma, CMC City Clerk - 9