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HomeMy WebLinkAbout6840_CCv0001.pdf RESOLUTION NO. 6840 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,AND DETERMINING THAT LESS THAN TWO-THIRDS OF THE VOTES CAST UPON THE QUESTION OF LEVYING THE TAX IN THE TERRITORY WERE IN FAVOR OF LEVYING THE TAX AND THEREFORE THE TERRITORY WILL NOT BE ANNEXED TO SAID COMMUNITY FACILITIES DISTRICT (ANNEXATION NO. 6) WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") has heretofore conducted proceedings for the annexation of parcels of property 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 May 5, 2009 and submitting to the qualified 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,parkways and open space including, but not limited to, the maintenance of street trees and landscape, within the Community Facilities District and in the surrounding area 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 therefore, with respect to the canvass of the ballots returned in and the results of said special election, certifying that less than two-thirds of the votes cast upon the proposition submitted to the voters 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: R V PU B`:BSKIN N ER`1760863.I Section 1. Findings. The City Council finds that: (i)there were 75 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 public hearing on January 6, 2009,and pursuant to Section 53326 of the Government Code, the vote in said special election was, therefore, to be by the registered voters within the Territory,with each registered voter having one vote; (ii)the City Clerk consented to the calling and bolding of said special election May 5, 2009; (iii) pursuant to said Section 53326 and the Election Resolution, the City Clerk caused the official ballots for the special election to be mailed by first class to the registered voters within the Territory,with return postage prepaid; (iv) said special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (v) 30 ballots for the special election were returned by the registered voters to the City Clerk prior to the hour on the date of the election specified by the City Council for the return of the voted ballots; (vi) 13 of the ballots cast voted in favor of the proposition, 16 of the ballots cast voted no, and one(1) ballot was rejected; (vii) less than 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 failed to pass; (viii) pursuant to Section 53339.9 of the Government Code, since less than two-thirds of the votes cast on the proposition were in favor of levying the special tax,the City Council may not take further action on annexing the proposed territory to the Community Facilities District for a period of one year from the date of the election. Section 2. Declaration of Results. Less than two-thirds of the votes voted in the special election 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 Community Facilities District were voted in favor thereof, and the proposition failed to pass. Section 3. Annexation. The Territory,as specified in Resolution No.6781 adopted by the City Council on November 18,2008,and as shown on the map entitled,Annexation Map No. 6, Community Facilities District No. 2004-1, of the City of Redlands, County of San Bernardino, State of California,which was recorded on, December 2,2008 in the office of the County Recorder of the County of San Bernardino as Instrument No. 2008-0534773,will not be annexed and added to and will not become a part of the Community Facilities District, and the City Council shall take no further action on annexing the territory proposed to be annexed to the Community Facilities District for a period of one year from the date of the election. ADOPTED, SIGNED AND APPROVED this 2nd day of June, 2009. I ATTEST: or of the City of Redlands s L City erk of the f edlands 2 - 1, Lorne Poyzer, 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 2nd day of June, 2009 by the following vote: AYES: Councilmembers Gilbreath, Gallagher, Bean, Aguilar; Mayor Harrison NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of the City of Redlands this 2nd day of June, 2009. Ci Jerk of theo Redlands 3 -