HomeMy WebLinkAbout7236_CCv0001.pdf RESOLUTION NO. 7236
A 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. 9)
WHEREAS,the City Council(the "City Council")of the City of Redlands(the "City")has
heretofore conducted proceedings for the annexation of approximately 8.510 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 October 2,2012 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 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.
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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 were 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 public hearing on July 3, 2012, and pursuant to Section 53326 of the
Government 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;(ii)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 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,the owners of the land within the Territory
were collectively entitled to fourteen (14) votes; (v) three of the landowners, who (based on the
acreage of the land which they owned)were entitled to a total of eight(8)votes,returned ballots to
the City Clerk prior to the time set by the City Clerk for the close of the election on October 2,2012;
(vi) two of those ballots were voted in favor of the proposition set forth therein and one of those
ballots was voted against that proposition;(vii) the landowners whose ballots were voted in favor of
the proposition were entitled to a total of seven(7)votes and the landowner whose ballot was voted
against the proposition was entitled to one(1)vote;(viii)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 Territory 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 Community 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 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 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 Territory,as specified in Resolution No.7159 adopted by the City Council on May
24, 2012,to pay costs of certain services to be provided by the Community Facilities District. The
boundaries of the Territory are shown on the map entitled, Annexation Map No. 9, Community
Facilities District No. 2004-1, of the City of Redlands, County of San Bernardino, State of
California,which was recorded on,April 6,2012 in the office of the County Recorder of the County
of San Bernardino as Document No. 2012-0131767.
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
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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 20th day of November, 2012.
Pete Aguilar, Mayor
ATTEST:
Sam lrA/1,dity Clerk
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CERTIFICATION
1, Sam Irwin, City Clerk of the City of Redlands, do hereby certify that the foregoing
resolution was regularly adopted by the City Council of the City of Redlands at a regular meeting
thereof held on the 20th day of November,2012 by the following vote of the Council:
AYES: Councilmembers Bean, Foster, Gardner; Mayor Aguilar
NOES: None
ABSTAIN: None
ABSENT: Councilmember Harrison
IN VATNESS WHEREOF,I have hereunto set my hand and affixed the official seal of the
City of Redlands, California,this 20th day of November, 2012.
Sam Irwin, City ClerlZ-
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