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R-23887 - Results of Election
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Last modified
8/5/2022 8:43:54 AM
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8/5/2022 12:22:56 PM
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General
General - Type
Resolutions
General 2 - Date
7/19/2022
Number
23887
Description
Reciting The Fact Of The Municipal Election Held For Purpose Of Submitting To The Qualified Electors
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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />CITY ATTORNEY'S OFFICE <br />9900 MAIN STREET <br />RIVERSIDE CA 92522 <br />«951) 026-5567 <br />than the next regularly scheduled city council meeting following presentation of the 28—day <br />canvass of the returns, or at a special meeting called for this purpose, to declare the results and to <br />install the newly elected officers;" and <br />WHEREAS, the City was enjoined by court order in the case entitled Riversiders Against <br />Increased Taxes v. City of Riverside, et al, Riverside Superior Court Case number CVR12104120 <br />from certification, including receiving the presentation of the 28 -day canvass of returns and <br />declaring the results of the vote; and <br />WHEREAS, on June 16, 2022, the court in Riversiders Against Increased Taxes v. City of <br />Riverside, et al, entered a judgment ordering that such injunction on certification be dissolved 48 <br />hours after entry of that judgment; and <br />WHEREAS, on June 28, 2022, the City served notice of entry of judgment, meaning that <br />the preliminary injunction enjoining the City from certifying the election results was dissolved on <br />June 30, 2022; and <br />WHEREAS, after the injunction had been dissolved, the City Council received the <br />certification of the afore -mentioned election results and considered declaring the results; and <br />WHEREAS, the California Elections Code section 15400 states: "The governing board <br />shall also declare the results of each election under its jurisdiction as to each measure voted on at <br />the election;" and <br />WHEREAS, the court's April 25, 2022 "Ruling on Submitted Matter -Petition for Writ of <br />Mandate," in Riversiders Against Increased Taxes v. City of Riverside, et al, noted that such <br />declaration "is the essence of a ministerial duty-- one that must be performed without the exercise <br />of independent judgment or opinion. County of San Diego v. State ( 2009) 164 Cal. App.4th 580, <br />593. Because it is a ministerial duty, the Court cannot enjoin its performance." <br />NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside, <br />based upon the facts set forth herein and in the staff report accompanying this resolution, which <br />are incorporated herein by this reference, as follows: <br />Section 1: That there were fifty eight (58) voting precincts citywide. <br />Section 2: That the following measure was submitted to the qualified electors at said <br />-2 <br />
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