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HomeMy WebLinkAbout7728 RESOLUTION NO 7728 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 12C) WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") has heretofore conducted proceedings for the annexation of approximately 58 13 acres of land to Conununity Facilities District No 2004-1 of the City of Redlands, County of Saiz Bernardino, State of California (the "Community Facilities District"), includuYg conducting a public hearing pursuant to Section 53339 5 of the Govenunent Code, and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for June 6, 2017 and submitting to the qualified electors of the territory to be annexed to the Coimmunity Facilities District the question of levying special taxes within that territory to pay the costs of the maintenance of parks, slopes, parkways, open space, and citrus groves, including but not limited to,the maintenance of street trees, and landscape within and in the area of the property and the Coiminunity Facilities District and the costs associated with the determination of the 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 Community Facilities District (the "Election Resolution"), and WHEREAS, the City Council has received a statement from the City Clerk (the "City Cleric"), 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 in and the results of said special election, certifying that at least two-thirds of the votes cast upon the proposition submitted to the qualified electors in said special election were in favor of such proposition NOW, THEREFORE, BE IT RESOLVED,DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS 1 — I 1cc1erk\Reso1uhnnslRes 7700 7799/7728 REDLANDS CCD 2004 1 ANNEX 12C RESOLUTION DECLARING RESULTS OF ELECTION el docx Section 1 Findings The City Council finds that (i) there were no registered voters residing within the territory proposed to be aimexed to the Cominunity Facilities District (the "Territory") at the time of the close of the public hearing on June 6, 2017, and pursuant to Section 53326 of the Govermnent 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 of she owned withui the Territory, (ii) 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 owners of the land within the Territory, with return postage prepaid, (in) said special election has been propel ly conducted in accordance with all statutory requirements and the provisions of the Election Resolution, (iv) pursuant to said Section 53326, Redlands Pioneei, LLC and Redlands Pennsylvania, LLC , the owners of all the land within the Territory, were collectively entitled to fifty-nine (59) votes, (v) said landowners returned their ballots to the City Clerk prior to the time set by the City Cleik for the close of the election on June 6, 2017, (vi) the ballots returned to the City Clerk by said landowners voted all votes of said landowners in favor of the proposition set forth therein, (vii) at least two-thirds of the votes cast in such special election on said proposition were in favor thereof, and pursuant to Sections 53328 and 53329 of the Goverinnent Code, said proposition carried, (ix) pursuant to Section 53339 8 of the Government Code, the City Council is authorized to detennme that the Territory to be annexed has been added to and become a part of the Community Facilities District with frill legal effect, and (x) the City Council is also authorized, pursuant to said Section 53339 8, to annually levy special taxes within the Territory to pay the costs of the services to be provided by the Community Facilities District Section 2 Declaration. of Results At least two-thirds of the votes voted in the special election on the proposition of the annual levy of special taxes within the Territory to pay the costs of the services to be provided by the Community Facilities District were voted in favor thereof, and such proposition carried Section 3 Annexation The Territory is annexed and added to and is a part of the Community 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 "G", as specified in Resolution No 7717 adopted by the City Council on May 2, 2017, to pay costs of certain services to be provided by the Con ununity Facilities District In addition, as a result of the special taxes of the annexing territory being authorized to pay a portion of the costs of the shared services also identified for Annexation Areas 12A and 12B, Annexation Area 12A shall be reassigned from Special Tax Rate Category L to Special Tax Rate Category G and Annexation Area 12B shall be reassigned from Special Tax Rate Category S to Special Tax Rate Category H, also as specified in Resolution No 7717 The boundaries of the Territory are shown on the snap entitled, Annexation Map No 12C, Cominunity Facilities District No 2004-1 of the City of Redlands, County of San Bernardino, State of California, which was recorded on May 11, 2017 in the office of the County Recorder of the County of San Bernardino as Document No 2017- 0194418 2 - 1 1cc1erk\Reso1uuonslRes 7700-779917728 REDLANDS CFD 2004 1 ANNEX 12C RESOLUTION DECLARING RESULTS OF ELECTION cl dacx Section 4 Pursuant to Section 53339 8 of the Government Code and Section 3117 5 of the 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 map of the amended boundaries of the Community Facilities District including the Territory ADOPTED this 6th day of June, 2017 (::�Mla� (�� Paul W Foster, Mayor ATTEST 1 nee 1; dson, City Clerk -3- I lcclerk%Resolutions'Res 7700-779917728 REDLANDS CFD 2004 l ANNEX 12C-RESOLUTION DECLARING RESULTS OF ELECTION cl doex CERTIFICATION I, 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 6th day of June, 2017 by the following vote of the Council AYES Councilmembers Harrison, Gilbreath, Barich, Tcjeda, 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 (�day of June, 2017 J le Donaldson, City Clerk 11cclerkacsoludonslRes 7700-774917728 REDLANDS CFD 2004-1 ANNEX 12C-RESOLUTION DECLARING RESULTS OF ELECTION- c l.docx