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HomeMy WebLinkAboutResolution - 2579 STATE OF CALIFORNIA ) RESOLUTION NO. 2579 COUNTY OF SAN DIEGO ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (CFD 2003-1, ANNEXATION NO. 6B) WHEREAS, the City Council of the City of San Jacinto (the "City Council'), has 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 existing Community Facilities District being designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1 (the "CFD No. 2003-1"); and, WHEREAS, the City Council has also established a procedure to allow and provide for future annexations to CFD No. 2003-1 and the territory proposed to be so annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1, FUTURE ANNEXATION AREA (the "Future Annexation Area"), and WHEREAS, at this time the unanimous consent to the annexation of certain territory within the Future Annexation Area to CFD No. 2003-1 has been received from the property owner or owners of such territory, and such territory has been designated as ANNEXATION NO. BB (the "Annexed Area"), and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding August 4, 2004, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of August 4, 2004, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within such Annexed Area; 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 the Annexed Area to the qualified electors of the Annexed Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexed Area; and WHEREAS, the City Clerk of the City of San Jacinto has caused ballots to be distributed to the qualified electors of the Annexed Area, has received and canvassed such ballots and made a report to the City 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 213's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the Annexed Area and designated as Annexation No. 6B (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 City Council. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, that: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. FINDINGS. This City Council does hereby determine as follows: A. The unanimous consent to the annexation of the Annexed Area to CFD No. 2003-1 has been given by all of the owners of the Annexed Area 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 Annexed Area for each of the ninety (90) days preceding August 4, 2004, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(f]. C. The qualified electors of the Annexed Area have unanimously voted in favor of the levy of special taxes within the Annexed Area upon its annexation to CFD No. 2003-1, SECTION 3. ANNEXED AREA. The boundaries and parcels of territory within the Annexed Area and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities are shown on the Annexation Map as submitted to and hereby approved by this City Council. SECTION 4. DECLARATION OF ANNEXATION- The City Council does hereby determine and declare that the Annexed Area is now added to and becomes a part of CFD No. 2003-1. The City Council, acting as the City Council of CFD No. 2003-1, is Page 2 of 3 hereby empowered to levy the authorized special tax within the Annexed Area. SECTION 5. NOTICE. Immediately upon adoption of this Resolution, notice shall be given as follows: A. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. PASSED, APPROVED and ADOPTED this 191' day of August, 2004, by the following vote: Ayes: Carlson-Buydos, Conner, Shaw, Ayres Nays: None Absent: Stubblefield Abstain: None r.. City of San Jacinto By: i m Ayre ayor ATTEST: amt�ad D rothy L. Ch inard, City Clerk City of San J into APPR ED FORM: y 1A5� ity Attorney, City of San Jacinto Best, Best & Krieger, LLP. Page 3 of 3 Exhibit A Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, 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 JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 SPECIAL ELECTION ANNEXATION NO. 613 in the City, held August 19, 2004. 1 FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast to the area proposed to be annexed to Community Facilities District No. 2003-1 of the City of San Jacinto for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1: YES 28 NO WITNESS my hand this 19th day of August, 2004 ❑or thy L. Cho i ard, City Clerk City of San Ja to Exhibit B Annexation Map L. Exhibit C List of Properties to be Annexed APN S Landowners 431-090-042-7; 431-090-037-3 Gateway Inland LLC