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HomeMy WebLinkAbout8020RESOLUTION NO. 8020 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. 21) WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") has heretofore conducted proceedings for the annexation of approximately 38 44 acres ofland to Community Facilities Distnct No 2004-1 of the City of Redlands, County of San Bernardino, State of California (the "Community Facihties District"), including conducting a pubhc hearing pursuant to Section 53339 5 of the Government Code, and WHEREAS, at the conclusion of said pubhc hearing, the City Council adopted a resolution calling a special election for September 3, 2019 and submitting 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 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 Community Facihties 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 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 ballot 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 quahfied electors m 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 17942 00056\32195924 1 Section 1 Findings The City Council finds that (i) there are no iegistered voters residing within the territory proposed to be annexed to the Community Facilities Distnct (the "Territory") at the time of the close of the public hearing on September 3, 2019, and pursuant to Section 53326 of the Government Code, the vote it 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, (n) pursuant to said Section 53326 and the Election Resolution, the City Clerk caused to be dehvered au official ballot for the special election to the owner of the land within the Territory, with return postage prepaid, (in) said special election has been properly conducted in accordance with all statutory requirements and the provisions ofthe Election Resolution, (iv) pursuant to said Section 53326, KB Horne Coastal Inc , the owner of all the land within the Territory, was entitled to thirty-nine (39) votes, (v) said landowner returned its ballot to the City Clerk prior to the time set by the City Clerk for the close of the election on September 3, 2019, (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 election on said proposition were in favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said proposition carried, (ix) pursuant to Section 53339 8 of the Government Code, the City Council is authorized to detennine that the Territory to be annexed has been added to and become a part of the Community Facihties 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 Community Facihties Distnct Section 2 Declaration of Results At least two-thirds of the votes voted m the special election on the proposition of the annual levy of special taxes within the Territory to pay the costs ofthe services to be provided by the Cornrnumty Facihties 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 Facihties 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 "J", as specified in Resolution No 7995 adopted by the City Council on July 16, 2019, to pay costs of certain services to be provided by the Cornmuinty Facihties District The boundaries of the Territory are shown on the map entitled, Annexation Map No 21, Community Facihties District No 2004-1 of the City of Redlands, County of San Bernardino, State of Cahforma, which was recorded on July 30, 2019 in the office of the County Recorder of the County of San Bernardino as Document No 2019-0257095 17942 00056\32195924 1 2 Section 4 Pursuant to Section 53339 8 of the Government Code and Section3117 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 hen and a map of the amended boundaries of the Community Facilities District including the Territory ADOPTED this 3rd day of September, 2019 ATTEST. e Donaldson, City Clerk 17942.00056132195924 1 -Paul W Foster, Mayor -3- 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 3rd day of September, 2019 by the followmg vote AYES: Councihnembers Barich, Tejeda, Momberger, Davis, Mayor Foster NOES None ABSENT. None ABSTAINED None IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of September, 2019 17942.00056\32195924 1 Donaldson, City Clerk