HomeMy WebLinkAbout2014-070 1 RESOLUTION NO. 7014-70
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS, CERTIFYING THE
3 RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY
4 FACILITIES DISTRICT NO. 1033,ANNEXATION NO. 8.
5 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
6 corporation and charter city, duly organized and existing pursuant to the provisions of the
7 Constitution of the State of California; and,
8 WHEREAS, the Mayor and Common Council, have previously formed a Community
9 Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of
10 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of
11 California, said Article 3.5 thereof ("the Act"). The existing Community Facilities District
12 being designated as Community Facilities District No. 1033 (hereafter referred to as "CFD
13 No. 1033"); and,
14 WHEREAS, the Mayor and Common Council initiated proceedings to annex certain
15 territory to Community Facilities District No. 1033, Annexation No. 8 (hereafter referred to as
16 "Annexation No. 8"); and
17 WHEREAS, at this time the unanimous consent to the annexation of Annexation No.
18 8 has been received from the property owner or owners of such territory; and
19 WHEREAS, less than twelve (12) registered voters have resided within the territory
20 of Annexation No. 8 for each of the ninety (90) days preceding January 16, 2014, therefore,
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pursuant to the Act the qualified electors of Annexation No. 8 shall be the "landowners" of
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Annexation No. 8 as such term is defined in Government Code Section 53317(f) and each
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such landowner who is the owner of record, or the authorized representative thereof, shall
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have one vote for each acre or portion of an acre of land that she or he owns within
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Annexation No. 8; and
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1 WHEREAS, the time limit specified by the Act for conducting an election to submit
2 the levy of the special taxes on the property within Annexation No. 8 to the qualified electors
3 of Annexation No. 8 and the requirements for impartial analysis and ballot arguments have
4 been waived with the unanimous consent of the qualified electors of Annexation No. 8; and
5 WHEREAS, the City Clerk of the City of San Bernardino has caused ballots to be
6 distributed to the qualified electors of Annexation No. 8, has received and canvassed such
7 ballots and made a report to the Mayor and Common Council regarding the results of such
8 canvas, a copy of which is attached as Exhibit "A" hereto and incorporated herein by this
9 reference; and
10 WHEREAS, at this time the measure voted upon and such measure did receive the
11 favorable 2/3's vote of the qualified electors, and the Mayor and Common Council desires to
12 declare the results of the election; and
13 WHEREAS, a map showing the territory to be annexed and designated as Annexation
14 No. 8 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit
15 "B" hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers
16 and landowners, a copy of which is attached as Exhibit "C" hereto and incorporated herein by
17 this reference, has been submitted to the Mayor and Common Council.
18 NOW, THEREFORE, BE IT RESOLVED,DETERMINED AND ORDERED BY
19 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
AS FOLLOWS:
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SECTION 1. Recitals. The above recitals are all true and correct and are hereby
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22 incorporated herein.
23 SECTION 2. Findings. This Mayor and Common Council does hereby determine as
24 follows:
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(a) The unanimous consent to the annexation of Annexation No. 8
26 to CFD No. 1033 has been given by all of the owners within
27 Annexation No. 8 and such consent shall be kept on file in the Office of
the City Clerk.
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(b) Less than twelve (12) registered voters have resided within the
3 territory of Annexation No. 8 for each of the ninety (90) days preceding
4 January 16, 2014,therefore,pursuant to the Act the qualified electors of
Annexation No. 8 shall be the "landowners" of such Annexation No. 8
5 as such term is defined in Government Code Section 53317(f).
6 (c) The qualified electors of Annexation No. 8 have unanimously
voted in favor of the levy of special taxes within Annexation No. 8
7 upon its annexation to CFD No. 1033.
8
SECTION 3. Annexed Area. The boundaries and parcels of territory within
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10 Annexation No. 8 and on which special taxes will be levied in order to pay for the costs and
11 expenses of authorized public facilities and services are shown on the Annexation Map as
12 submitted to and hereby approved by this Mayor and Common Council.
13 SECTION 4. Declaration of Annexation. The Mayor and Common Council do
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15 hereby determine and declare that Annexation No. 8 is now added to and becomes a part of
16 CFD No. 1033. The Mayor and Common Council, acting as the legislative body of CFD
17 No. 1033, are hereby empowered to levy the authorized special tax within Annexation No.
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8.
19 SECTION 5. Notice. Immediately upon adoption of this Resolution, notice shall be
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21 given as follows:
22 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
23 Resolution.
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2014-70
1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION
AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION
NO. 8.
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
4
and Common Council of the City of San Bernardino at a j oint regular meeting
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6 thereof held on the 17th day of March , 2014, by the following vote, to-wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ x
10 BARRIOS x
11 VALDIVIA x
12 SHORETT x
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NICKEL x
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15 JOHNSON x
16 MULVIHILL x
17
18 George." Hanna,"ity Clerk
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The foregoing resolution is hereby approved this /9 day of March , 2014.
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21 f
22 R. CAREY P AVIS, Mayor
City of San :ernardino
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Approved as to form:
24 GARY D. SAENZ,
25 City Attorney
26 ' I
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EXHIBIT "A"
1
2 Certificate of Election Official and Statement of Votes Cast
3 STATE OF CALIFORNIA )
4 COUNTY OF SAN BERNARDINO ) SS
CITY OF SAN BERNARDINO )
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The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN BERNARDINO,
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7 COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY
8 CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and
9 Division 12, commencing with Section 17000 of the Elections Code of the State of California,
10 I did canvass the returns of the votes cast at the
11
CITY OF SAN BERNARDINO
12 COMMUNITY FACILITIES DISTRICT NO. 1033
13 ANNEXATION NO. 8
SPECIAL ELECTION
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15 in the City, held on March 17, 2014.
16 I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes
17 cast in the area proposed to be annexed, Annexation No. 8 to Community Facilities District
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No. 1033 of the City of San Bernardino for or against the Measure are full, true and correct.
19
20 VOTES CAST ON PROPOSITION 1: YES �I
NO
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22 41 VOTES CAST ON PROPOSITION 2: YES
23 NO
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25 WITNESS my hand this // day of // -C- , 2014
26 Dix
27 George. ,j anna, Cit. Clerk
28 City of San Bernardino
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EXHIBIT "B"
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1 EXHIBIT "C"
2
List of Properties to be Annexed
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APN(s) Landowner(s)
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5 0262-042-39 Cajon Creek Building 1 LLC
6 0262-042-40 Cajon Creek LLC
0262-042-41 Cajon Creek LLC
7 0262-042-42 Cajon Creek LLC
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