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HomeMy WebLinkAbout7716 RESOLUTION NO. 7716 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING THE RESULTS OF THE SPECIAL ELECTION FOR COMMUNITY FACILITIES DISTRICT NO 2004-1 OF THE CITY OF REDLANDS ON THE PROPOSITION OF THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE TERRITORY PROPOSED TO BE ANNEXED TO SAID COMMUNITY FACILITIES DISTRICT TO PAY THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT, DETERMINING THAT THE TERRITORY PROPOSED TO BE ANNEXED IS ADDED TO AND PART OF SAID COMMUNITY FACILITIES DISTRICT WITH FULL LEGAL EFFECT, AND ORDERING THE RECORDING OF A MAP OF THE BOUNDARIES OF SAID COMMUNITY FACILITIES DISTRICT INCLUDING THE TERRITORY ANNEXED THERETO (ANNEXATION NO. 16) WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City")has heretofore conducted proceedings for the annexation of approxirlately30 46 acres of land to Conlinumty Facilities District No 2004-1 of the City of Redlands, County of San Bernardino, State of Cahforrua (the "Community Facilities District"), including conducting a public hearing pursuant to Section 53339 5 of the Goverri hent Code, and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for April 4, 2017 and submitting to the qualified electors of the territory to be annexed to the Community Facilities District the question of levying special taxes within that territory to pay the costs of the maintenance of parks, slopes, parkways, inedian, open space, shade and seating structures, and monuments within public lots A, B, C, D, E, F and G, and public rights-of-way and public easements, along Texas Street, Pioneer Avenue, Domestic Avenue, and Riverview Drive adjacent to of within Recorded Tract No 18988 within and un the area of the property and the Community Facilities District and the costs associated with the determination ofthe amount of and levy and collection of special taxes which will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the Communuty Facilities District (the "Election Resolution"), and WHEREAS,the City Council has received a statement from the City Clerk(the"City Cleik"),who pursuant to the Election Resolution was authorized to conduct such special election and act as the election official therefor, with respect to the canvass of the ballots returned it and the results of said special election, certifying that at Ieast two-thirds of the votes cast upon the proposition subinitted to the qualified electors in said special election were in favor of such proposition 17942 00056129604546.2 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS- Section 1. Findings The City Council finds that (i)there were no i egistered voters residing within the territory proposed to be annexed to the Community Facilities District (the "Territory") at the tune of the close of the public hearn-ig on April 4, 2017, and pursuant to Section 53326 of the Goveriinent Code, the vote in said special election was, therefore, to be by the landowners owning land within the Territory, with each landowner having one vote for each acre or portion thereof of land that he or she owned within the Territory,(i)pursuant to said Section 53326 and the Election Resolution, the City Clerk caused to be delivered an official ballot for the special election to the owner of the land within the Territory, with return postage prepaid, (in) said special electron has been pi openly conducted it accoi dance with all statutory requircmcilts and the provisions of the Electron Resolution, (iv)pursuant to said Section 53326,Lerinar Homes of California,Inc,the owner of all the land within the Territory, was entitled to thirty-one (3 1) votes, (v) said landowner returned its ballot to the City Clerk prior to the tune set by the City Clerk for the close of the election on April 4, 2017, (vi) the ballot returned to the City Clerk by said landowner voted all votes of said landowner in favor of the proposition set forth therein, (vii) at least two-thirds of the votes cast in such special electron on said proposition were in favor thereof, and pursuant to Sections 53328 and 53329 of the Gover anent Code, said proposition carried, (ix) pursuant to Section 531339 8 of the Government Code, the City Council is authorized to deterinuie that the Territory to be annexed has been added to and become a part of the Cominuiity Facilities District with full legal effect,and(x)the City Council is also authorized,pursuant to said Section 53339 8,to anrivallylevy special taxes within the Territory to pay the costs of the services to be provided by the Corninunity Facilities District Section 2 Declaration of Results At least two-thirds of the votes voted in the special election on the proposition of the aiuival levy of special taxes within the Territory to pay the costs of the services to be provided by the Coininumty Facilities District were voted in favor thereof, and such proposition carried Section 3 Annexation The Territory is amlexed and added to and is a part of the Coinrnunity Facilities District with full legal effect, and the City Council shall annually levy special taxes within the Territory at the rates provided for Special Tax Rate Category "I", as specified in Resolution No 7710 adopted by the City Council on February 21, 2017, to pay costs of certain services to be provided by the Community Facilities District The boundaries of the Territory are shown on the map entitled,Annexation Map No 16, Cominunity Facilities District No 2004-1 ofthe City of Redlands, County of San Bernai duo, State of California,which was recorded on March 14, 2017 in the office of the County Recorder of the County of San Bernardino as Document No 2017- 0109264 17942 00056129604546 2 2 - Section 4 Pursuant to Section 53339 8 of the Goverrnnent Code and Section 3117 5 ofthe Streets and Highways Code,the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a snap of the amended boundaries of the Com nunity Facilities District including the Territory ADOPTED this 4th day of April, 2017 Paul W Foster, Mayor ATTEST J ui�dson, City Clerk 17942 00056129604546.2 -3- CERTIFICATION 1, Jeanne Donaldson, City Clerk of the City of Redlands,do hereby certify that the foregoing resolution was regularly adopted by the City Council of the City of Redlands at a regular meeting thereof held on the 4th day of April, 2017 by the following vote of the Council AYES Councihriembers Harrison, Gilbreath, Barich, Tejeda, Mayor Foster NOES None ABSENT None ABSTAIN- None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Redlands, California, this �Tjj day of April, 2017 Jee Donaldson, City Clerk 17942 00056129604546.2