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HomeMy WebLinkAbout7753 RESOLUTION NO. 7753 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 17) WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City")has heretofore conducted proceedings for the aimexation of approxinately 3 44 acres of land to Cotrinunity Facilities District No 2004-1 of the City of Redlands, County of San Bernardino, State of California (the "Community Facilities District"), Including conducting a public hearnng pursuant to Section 53339 5 of the Governinent Code, and WHEREAS, at the conclusion of said public hearmg, the City Council adopted a resolution calling a special election for July IS, 2017 and subinittulg to the quahfied 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 slopes, parkways, open space and citrus trees within and adjacent to Tentative Tiact No 17022 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 CotTinumty Facilities District (the "Election Resolution"), and WHEREAS,the City Council has received a statement from the City Clerk(the"City Clerk"),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 ieturned in and the results of said special election, certifying that at least two-thirds of the votes cast upon the proposition subinitted 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�cclerk\Resoluoons\Res 7700 7799/7753 REDLANDS CFD 2004-1 ANNEX 17 RESOLUTION DECLARING RESULTS OP ELECTION c2 doe Section 1 Findings The City Council finds that (i)there were no registered voters residing witlniin the territory proposed to be annexed to the Community Facilities District (the "Territory") at the tone of the close of the public hearing On July 18, 2017, and pursuant to Section 53326 of the Governinent Code, the vote in said special election was, therefore, to be by the landowners owning land within the Territory, with each landowner havnlg one vote for each acre or portion thereof of land that he or she owned within the Territory,(u)pursuant to said Section 53326 and the Election Resolution, the City CIerk caused to be delivered an official ballot for the special election to the owner of the land within the Territory, with return postage prepaid, (ii) said special electron has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution,(iv)pursuant to said Section 53326, Starhte Mgrnt-17, L P ,the owner of all the land within the Territory, was entitled to four(4)votes, (v) said landowner returned its ballot to the City Clerk prior to the trine set by the City Clerk for the close of the election on July 18,2017, (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 Governinent Code, said proposition carried, (ix) pursuant to Section 53339 8 of the Goverinnent Code,the City Council is authorized to determine that the Territory to be annexed has been added to and become a part of the Community Facilities District with full 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 Cornmunity Facilities District Section 2 Declaration of Results At least two-thirds of the votes voted in the special election on the proposition of the aniival 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 Coininuruty Facilities District with full legal effect, and the City Council shall annually levy special taxes witlim the Territory at the rates provided for Special Tax Rate Category "11", as specified in Resolution No 7734 adopted by the City Council on June 6,2017,to pay costs of certain services to be provided by the Corninunity Facilities District The boundaries of the Territory are shown on the map entitled, Annexation Map No 17, Community Facilities District No 2004-1 of the City of Redlands, County of San Bernardino, State of California,which was recorded on June 21,2017 m the office of the County Recorder of the County of San Bernardino as Document No 2017-0254736 2- 11cclerkaesolutions\Res 7700 7799/7753 REDLANDS CFI]2004 1 ANNEX 17 RESOLUTION DECLARING RESULTS OF ELECTION eldoc Section 4 Pursuant to Section 53339.8 of the Government Code and Section 3117 S 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 Cominunity Facilities District includiiig the Territory. ADOPTED this 18th day of July, 2017 Paul W. Foster, Mayor ATTEST nne Donaldson, City Clerk -3- I.IccierklResoIu1ionslRes 7700 7799/7753 REDLANDS CFD 2004 1 ANNEX 17-RESOLUTION DECLARING RESULTS OF ELECTION c2.doc 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 said City at a regular meeting of said Council duly held on the 18th day of July, 2017 by the following vote AYES: Councilmembers Harrison, Barich, Tejeda; Mayor Foster NOES: None ABSENT Councilmember Gilbreath ABSTAIN None IN WITNESS WHEREOF, I have hereunto set my hand this [gf' day of July, 2017 Jea onaldson, City Clerk I 1cc1erk\Reso1utions\Res 7700 7799/7753 REDLANDS CFD 200.4-1 ANNEX 17 RESOLUTION DECLARING RESULTS OF ELECTION- cldoc