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Home My WebLink About2008-067 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-67 A RESOLUTION OF TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO. S, GENERALLY LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF OLIVE AVENUE. WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of the Constitution of the State of California; and, WHEREAS, the Mayor and Common Council of the City of San Bernardino, have previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof ("the Act"). The existing Community Facilities District being designated as Community Facilities District No. 1033 (hereafter referred to as "CFD No. 1033"); and, WHEREAS, the Mayor and Common Council initiated proceedings to annex certain territory to Community Facilities District No. 1033, Annexation No.5 (hereafter referred to as "Annexation No.5"); and WHEREAS, at this time the unanimous consent to the annexation of Annexation No.5 has been received from the property owner or owners of such territory; and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexation No.5 for each of the ninety (90) days preceding March 3, 2008, therefore, pursuant to the Act the qualified electors of Annexation No.5 shall be the "landowners" of Annexation No. 5 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or 02/21108 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.5, GENERALLY LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF OLIVE AVENUE. portion of an acre ofland that she or he owns within Annexation No.5; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexation No. 5 to the qualified electors of Annexation No. 5 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No.5; and WHEREAS, the City Clerk of the City of San Bernardino has caused ballots to be distributed to the qualified electors of Annexation No.5, has received and canvassed such ballots and made a report to the Mayor and Common Council regarding the results of such canvas, a copy of which is attached as Exhibit "A" hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and the Mayor and Common Council desires to declare the results of the election; and WHEREAS, a map showing the territory to be annexed and designated as Annexation No. 5 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit "B" hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit "c" hereto and incorporated herein by this reference, has been submitted to the Mayor and Common Council. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correct. . 02/21/08 2 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND 2 ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.5, GENERALLY LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF OLIVE AVENUE. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. Findim!:s. This Mayor and Common Council does hereby determine as follows: (a) The unanimous consent to the annexation of Annexation No.5 to CFD No. 1033 has been given by all of the owners within Annexation No. 5 and such consent shall be kept on file in the Office of the City Clerk. (b) Less than twelve (12) registered voters have resided within the territory of Annexation No.5 for each of the ninety (90) days preceding March 3, 2008, therefore, pursuant to the Act the qualified electors of Annexation No.5 shall be the "landowners" of such Annexation No.5 as such term is dermed in Government Code Section 53317(f). (c) The qualified electors of Annexation No.5 have unanimously voted in favor of the levy of special taxes within Annexation No. 5 upon its annexation to CFD No. 1033. SECTION 3. Annexed Area. The boundaries and parcels of territory within Annexation No. 5 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities and services are shown on the Annexation Map as submitted to and hereby approved by this Mayor and Common Council. SECTION 4. Declaration of Annexation. The ~ayor and Common Council do hereby determine and declare that Annexation No.5 is now added to and becomes a part ofCFD No. 1033. The Mayor and Common Council, acting as the legislative body of CFD No. 1033, are hereby empowered to levy the authorized special tax within Annexation No.5. 02/21/08 3 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND 2 ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.5, GENERALLY LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF OLIVE AVENUE. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: An Amendment to the Notice of Special Tax Lien shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. 1// 1// 02/21/08 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Ap roved as to form: 25 _ r, "t._ 26 1(--7 SF. PENMAN, City Attorney 27 IV 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.5, GENERALLY LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF OLIVE AVENUE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint rel!Ular meeting thereof held on the 3rd day of March , 2008, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x MCCAMMACK x CC;:~ kJ. ~ The foregoing resolution is hereby approved this .f..!:!:::.... day of . March ,2008. ~. Neil Derry, Mayor Pro Tern City of San Bernardino 02/21/08 5 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, 1 CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.5, 2 GENERALLY LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF OLIVE AVENUE. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A Certificate of Election Omcial and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF SAN BERNARDINO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 ANNEXATION NO. 5 SPECIAL ELECTION in the City, held on March 3, 2008. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole nwnber of votes cast in the area proposed to be annexed, Annexation No.5 to Community Facilities District No. 1033 of the City of San Bernardino for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1: YES x NO VOTES CAST ON PROPOSITION 2: YES NO x a:. 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EXHIBIT "B" z ~ ~ ~ w . o - Ii m .(3 ij <: , co ~". .s II ~Ii! :J hI' :Ell! ~ APN(s) 0261-152-08 EXHIBIT C List of Properties to be Annexed Landowner(s) Delgado Developers Inc.