Loading...
HomeMy WebLinkAbout7809 RESOLUTION NO. 7809 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. 15) WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City")has heretofore conducted proceedings fol the aninexation of approximately 10 10 acres ofland to Coininunity 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 hearing pursuant to Section 53339 5 of the Governinent Code, and WHEREAS, at the conclusion of said public hearing, the City Council adopted a i esolution calling a special election foi Decernbei 19,2017 and subs uttmg to the qualified electors of the territory to be annexed to the Community Facilities District the question of levying special taxes witlun that territory to pay the costs of the maintenance of street trees, landscaping and irrigation in the rights-of-way and landscape maintenance easement along the property frontage within and m the area of the property and the Community Facilities District and the costs associated with the determination of the amount of and levy and collection of special taxes which willbe levied to provide the services and costs otherwise ilcured in ordei to carry out the authorized purposes of the Conumumty 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 Electron 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 m said special election were in favor of such proposition 1 - 11cclerk\Resoludons\Res 7800 7899\7809—REDLANDS Cr'D 2004 1 ANNEX 15 RF-SOLtMON DECLARING RESULTS Or ELECTION c I doc NOW, THEREFORE, BE IT RESOLVED,DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS Sectionl. Findin-as The City Council finds that (i)there wei e no i egistei ed 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 hearing on Deceinbei 19, 2017, and pursuant to Section 53326 of the Government Code, the vote ii said special election was,therefore,to be by the landowners owtnmg land within the Territory, with each landowner having one vote for each acre or portion thei eof of land that he or she owned within the Territory,(n)pursuant to said Section 53326 and the Election Resolution, the City Cleik caused to be delivered an official ballot for the special election to the owner of the land within the Territory, with return postage prepaid, (iii) said special election has been propelly conducted in accoidance with all statutory requirements and the provisions of the Election Resolution,(iv)puisuant to said Section 53326,Property One,LLC,the owner of all the land within the Territory,was entitled to eleven(11)votes, (v) said landownei returned its ballot to the City Clerk prior to the tune set by the City Clerk for the close of the electron on December 19, 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-thuds of the votes cast in such special election on said proposition were un favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said proposition carried, (ix) puisuant to Section 53339 8 of the Goverriment Code, the City Council is authorized to deternnine that the Territory to be armexed has been added to and become a part of the Conununity Facilities District with full legal effect,and(x)the City Council is also authorized, pursuant to said Section 53339 8, to aru-ivally 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-tlurds of the votes voted in the special electron 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 ComiriuinityFacilities 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 aruivally levy special taxes within the Territory at the rates provided fol Special Tax Rate Category"A", as specified in Resolution No 7791 adopted by the City Council on November 7, 2017, to pay costs of certain services to be provided by the Cormrnunity Facilities District The boundaries of the Territory are shown on the reap entitled,Annexation Map No 15, Coininunity Facilities District No 2004-1 ofthe City of Redlands, County of San Bernardino, State of California, which was recorded on November 16, 2017 in the office of the County Recorder of the County of San Bernardino as Document No 2017-0490036 2— I lcclerklRcsoiutions\Res 7800 7899/7809 REDLANDS CFD 2004 1 ANNEX 15 RESOLUTION DECLARING RESULTS OF ELECTION cl doe Section 4 Pursuant to Section 53339 8 ofthe Government Code and Section3117 S of the Streets and Highways Code,the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardu-io an amendment of the notice of special tax hen and a map of the amended boundaries of the Community Facilities District including the Territory ADOPTED this 19th day of December, 2017 Paul W Foster, Mayor ATTEST: JWme Donaldson, City Clerk -3- I 1cc1erk\Reso1utions\Res 7800 7899/7809 REDLA.NDS CFD 2001 1 ANNEX 15-RESOLUTION DECLARING RESULTS OF ELECTION cl.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 19th day of December, 2017 by the following vote AYES Councihnernbers Harrison, Barich, Tejeda, Mornberger, Mayor Foster NOES NONE ABSENT NONE ABSTAIN NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of December, 2017 Jee Donaldson, City Clerk -4- I-lcclerklResoluhonsaes 7800 7899/7804 REDLANDS CFD 2004 1 ANNEX 15 RESOLUTION DECLARING RESULTS OF ELECTION cl.doc