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HomeMy WebLinkAbout8094 RESOLUTION NO 8094 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 22) WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") has heretofore conducted proceedings for the annexation of approximately 7 74 acres of land to Community 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 Government Code, and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for June 16, 2020 and submitting to the qualified electors of the territory to be annexed to the Community Facihities District the question of levying special taxes within that territory to pay the costs of services to be provided for the maintenance of parkways, including but not hmited to, the maintenance of street trees, and landscape within and in 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 will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities Distnct (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 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 Section 1 Findings The City Council finds that (i) there are no registered voters residing within the territory proposed to be annexed to the Community Facilities District (the "Territory") at the time of the close of the pubhc hearing on June 16, 2020, and pursuant to Section 53326 of the Government Code, the vote in said special election was, therefore, to be by the 1 I\Resoluttons\Res 8000 8099\8094 Resolution Declaring Results of Election-CED 2004 1 ANNEX 22.doc landowners owning land within the Temtory, 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 delivered an official ballot for the special election to the owners of the land within the Temtory,with return postage prepaid, (m) 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, Alabama Park Owner, LLC, the owner of all the land within the Temtory,was entitled to eight(8)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 June 16, 2020, (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 determine that the Temtory 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 Commumty 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 Temtory to pay the costs of the services to be provided by the Community Facihties District were voted in favor thereof and such proposition carved Section 3 Annexation The Temtory 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 Temtory at the rates provided for Special Tax Rate Category"A," as specified in Resolution No 8064 adopted by the City Council on May 5,2020,to pay costs of certain services to be provided by the Community Facilities District The boundaries of the Temtory are shown on the map entitled, Annexation Map No 22, Community Facilities District No 2004-1 of the City of Redlands, County of San Bernardino, State of California,which was recorded on May 21,2020 in the office of the County Recorder of the County of San Bernardino as Document No 2020-0169704 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 hen and a map of the amended boundaries of the Community Facilities District including the Temtory ADOPTED this 16th day of June, 2020 ail W Foster, Mayor ATTEST I � / J e Donaldson, City Clerk 17942.00056132917189.1 2 - 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 16th day of June, 2020 by the following vote AYES Councilmembers Barich, Tejeda, Momberger, Davis, Mayor Foster NOES None ABSTAIN None ABSENT None IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2020 Jea onaldson, City Clerk 17942 00056\32917189 1