HomeMy WebLinkAbout2009-017
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(COMPANION RESOLUTIONS 2009-15 & 2009-16)
RESOLUTION NO. 2009-17
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.7.
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, 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.1 033 (hereafter referred to as "CFD No.1 033");
and,
WHEREAS, the Mayor and Common Council initiated proceedings to annex certain
territory to Community Facilities District No. 1033, Annexation No.7 (hereafter referred to as
"Annexation No.7"); and
WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 7 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.7 for each of the ninety (90) days preceding January 20, 2009, therefore, pursuant
to the Act the qualified electors of Annexation No. 7 shall be the "landowners" of Annexation No.
7 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
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2009-17
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.7.
portion of an acre of land that she or he owns within Annexation No.7; 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.7 to the qualified electors of
Annexation No.7 and the requirements for impartial analysis and ballot arguments have been
waived with the unanimous consent of the qualified electors of Annexation No.7; and
WHEREAS, the City Clerk of the City of San Bernardino has caused ballots to be
distributed to the qualified electors of Annexation No.7, 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.
7 (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.
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2009-17
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF mE CITY OF SAN BERNARDINO,
CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING mE RESULTS OF AN ELECTION AND
ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.7.
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.
SECTION 2. Findings. This Mayor and Common Council does hereby determine as
follows:
(a) The unanimous consent to the annexation of Annexation No.7 to
CFD No. 1033 has been given by all of the owners within Annexation No.
7 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.7 for each of the ninety (90) days preceding
January 20, 2009, therefore, Plll'suant to the Act the qualified electors of
Annexation No. 7 shall be the "landowners" of such Annexation No. 7 as
such term is defined in Government Code Section 53317(f).
(c) The qualified electors of Annexation No. 7 have unanimously voted
in favor of the levy of special taxes within Annexation No. 7 upon its
annexation to CFD No. 1033.
SECTION 3. Annexed Area. The boundaries and parcels of territory within Annexation
No. 7 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 Mayor and Common Council do hereby
determine and declare that Annexation No.7 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.7.
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2009-17
A RESOLUTION OF mE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING mE RESULTS OF AN ELECTION AND
1 ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.7.
SECTION 5. Notice. Inunediately upon adoption of this Resolution, notice shall be given
as follows:
Ail 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.
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2009-17
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING mE RESULTS OF AN ELECTION AND
ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.7.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a ; oint regular meeting thereof held on
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5 the 20th day of January
Council Members:
AYES
ESTRADA
x
BAXTER
x
BRINKER
(VACANT)
KELLEY
x
JOHNSON
x
MCCAMMACK
x
, 2009, by the following vote, to-wit:
NAYS
ABSTAIN
ABSENT
x
a~h.~
City Clerk
The foregoing resolution is hereby approved this dlJOr day of January
Apl'roved as to form:
.
12/15108
,2009.
~~aYor
San Bernardino
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2009-17
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING mE RESULTS OF AN ELECTION AND
ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.7.
EXHIBIT A
Certificate of Election Official 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.7
SPECIAL ELECTION
in the City, held on January 20, 2009.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast
in the area proposed to be annexed, Annexation No.7 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
NO
6
VOTES CAST ON PROPOSITION 2:
6
YES
NO
WITNESS my hand this z,z".( day orJ",,""7' 2009
~~~.~
City Clerk, Rachel Clark
City of San Bernardino
12/15108
2009-17
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EXHIBIT "B"
APNCs)
0261-151-07
2009-17
EXHIBIT C
List of Properties to be Annexed
LandownerCs)
FIRST ASSEMBLY OF GOD CHURCH SB