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<br />based upon the evidence submitted at the above said hearing, which includes but is not <br />limited to: the Request for Council Action dated May 5, 2008 and exhibits attached <br />thereto and the public testimony written and oral, all of which are incorporated herein by <br />this reference. <br /> <br />Section 4. This resolution shall not be effective unless and until Ordinance No. <br />NS-2765 becomes effective. If said ordinance is for any reason held to be invalid or <br />unconstitutional by the decision of any court of competent jurisdiction, or otherwise does <br />not go into effect for any reason, then this resolution shall be null and void and have no <br />fu rtherforce and effect. <br /> <br />Section 5. The City Council expressly reserves the right to modify, amend or <br />repeal this resolution at any time by adoption of a subsequent resolution. <br /> <br />Section 6. The Clerk of the Council shall attest to and certify the vote adopting <br />this Resolution. <br />ADOPTED this 5th day of Mav, 2008. <br /> <br /> <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br /> <br /> <br />AYES: Council members: Alvarez. Benavides. Bustamante. Martinez. <br /> Pulido. Sarmiento. Tinaiero (7) <br />NOES: Councilmembers: None (0) <br />ABSTAIN: Councilmembers: None (0) <br />NOT PRESENT: Council members: None (0) <br /> <br />Resolution No. 2008-032 <br />Page 3 of 12 <br />