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HomeMy WebLinkAbout8058RESOLUTION NO. 8058 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. 19) WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") has heretofore conducted proceedings for the annexation of approximately 11.78 acres of land to Corrirnunity Facilities District No. 2004-1 of the City of Redlands, County of San Bernardino, State of California (the "Conununity Facilities District"), including conducting a public hearing pursuant to Section 53339.5 of the Goveriunent Code; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for January 21, 2020 and submitting to the qualified electors of the territory to be annexed to the Cornlnunity Facilities District the question of levying special taxes withal that territory to pay the costs of the maintenance of parks, slopes, parkways, and open space, including but not limited to, the maintenance of street trees, and landscape within and in the area of the Property and the Colnrnunity Facilities District and the costs associated with the determination of the ainount 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 Cominunity 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 qualified electors it said special election were ii 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\32554166.1 -1- l:lRcsoiutionslRes 8000-8099\8058 Redlands CI±D 2004-1 ANNrX 19 - Resolution Declaring Results of Election-c [ ,doe Section 1. Findings. The City Council funds that: (i) there are no registered voters residing within the territory proposed to be annexed to the Connrnunity Facilities District (the "Territory") at the tune of the close of the public hearing on January 21, 2020 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 or she owned within the Territory; (h) 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; (iii) said special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (iv) pursuant to said Section 53326, Sawn— Redlands, LLC, the owner of all the land within the Territory, was entitled to twelve (12) 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 January 21, 2020; (vi) the ballot retuned 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 Goverriment Code, said proposition carried; (ix) pursuant to Section 53339.8 of the Govenunent Code, the City Council is authorized to determine that the Territory to be annexed has been added to and become a part of the Comrnunity Facilities District with full legal effect; and (x) the City Council is also authorized, pursuant to said Section 53339.8, to annuallylevy special taxes within the Territory to pay the costs of the services to be provided by the Coma --unity Facilities District. Section 2. Declaration of Results. At least two-thirds of the votes voted in the special election on the proposition of the aruival 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 arwexed and added to and is a part of the Cominuinity 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 "J", as specified in Resolution No. 8052 adopted by the City Council on December 17, 2019, to pay costs of certain services to be provided by the Conrrrnunity Facilities District. The boundaries of the Territory are shown on the reap entitled, Annexation Map No. 19, Community Facilities District No. 2004-1 ofthe City of Redlands, County of San Bernardino, State of California, which was recorded on December 19, 2019 in the office of the County Recorder of the County of San Bernardino as Document No. 2019-0468204. 17942.00056\32554166.1 2 - Section 4. Pursuant to Section 53339.8 of the Govermnent 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 lien and a map of the amended boundaries of the Community Facilities District including the Territory. ADOPTED this 21 st day of January, 2020. Paul W. Foster, Mayor ATTEST: Je,�PZc Donaldson, City Clerk 17942.00056\32554166.1 -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 said City at a regular ineeting of said Council duly held on the 21 st day of January, 2020 by the following vote: AYES: Councihnembers Barich, Tejeda, Momberger, Davis; Mayor Foster NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set lny hand this 215F day of January, 2020. Jeanne Donaldson, City Clerk 17942.000 5 6025 54166.1