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R-115-22 Acting in Its Capacity as the Legislative Body of City of Colton Community Facilities District No. 2021-2 (Maintenance Services) County of San Bernardino State of California Declaring the Results of a Special Election in Such Community
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R-115-22 Acting in Its Capacity as the Legislative Body of City of Colton Community Facilities District No. 2021-2 (Maintenance Services) County of San Bernardino State of California Declaring the Results of a Special Election in Such Community
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2/7/2023 5:33:29 AM
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11/7/2022 8:37:25 AM
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City Clerk
Agenda Type
City Council
CC - Doc Type
Resolution
Date
11/1/2022
Resolution No.
R-115-22
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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />Resolution, the 'City Clerk caused to be delivered an official ballot for the special election to the <br />owner of the land within the Territory, with return postage prepaid; (iii) said special election has <br />been properly conducted in accordance with all statutory requirements and the provisions of the <br />Election Resolution; (iv) pursuant to said Section 53326, Pacific West Management, a California <br />general partnership was entitled to twenty-two (22) votes, Producer Industrial Partners, LLC, a <br />California limited liability company nine (9) votes and Robert J. Neal, as Trustee of Robert J. <br />Neal and Bernarda A. Neal Revocable Trust was entitled to nine (9) votes, -the owners of all the <br />land within the Territory; (v) said landowners returned their ballots to the City Clerk prior to the <br />time set by the City Clerk for the close of the election on November 1, 2022; (vi) the ballots <br />returned to the City Clerk by said landowners voted all votes of said landowners in favor of the <br />proposition set forth therein; (vii) at least two-thirds of the votes cast in such special election on <br />said proposition were in favor thereof, and pursuant to Sections 53328 and 53329 of the <br />Government Code, said proposition carried; (viii) pursuant to Section 53339.8 of the Government <br />Code, the City Council is authorized to determine that the Territory to be annexed has been added <br />to and become a part of the District with full legal effect; and (ix) the City Council is also <br />authorized, pursuant to said .Section 53339.8, to annually levy special taxes within the Territory to <br />pay the costs of the services to be provided by the District and to establish an appropriations limit <br />therefor. <br />Section 3. Declaration of Results. At least two-thirds of the votes voted in the special <br />election on the propositions of the annual levy of special taxes within the Territory and <br />establishing the appropriations limit to pay the costs of the services to be provided by the District <br />were voted in favor thereof, and such propositions carried. <br />Section 4.. Annexation. The Territory is annexed and added to and is a part of the <br />District with full legal effect, and the City Council shall annually levy special taxes within the <br />Territory at the rates as specified in Resolution No. R-104-22 adopted by the City Council on <br />September 20, 2022, to pay costs of certain services to be provided by the District. The <br />boundaries of the Territory are shown on the map entitled, "Annexation Map No. 1 of <br />Community Facilities District No. 2021-2 (Maintenance Services), City of Colton, County of San <br />Bernardino, State of California," which was recorded on September 28, 2022 in the office of the <br />County Recorder of the County of San Bernardino as Instrument No. 2022-0326756. <br />Section 5. Notice. Pursuant to Section 53339.8 of the Government Code and Section <br />3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County <br />Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a <br />map of the amended boundaries of the District including the Territory. <br />Section 6. Entry of the Election Results in the Minutes. The City Clerk is hereby <br />directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the <br />minutes the results of the election as set forth in said Certificate of Election Official. <br />Section 7. The City Clerk shall certify the passage and <br />enter it into the book of original resolutions. <br />PASSED, APPROVED AND ADOPTED <br />ATT <br />AROLINA R. PA115ILLA <br />City Clerk <br />RVPUB\MXNI\666167.1 <br />IRM <br />of this resolution and <br />OVEMBER, 2022. <br />
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