R-114-22Calling a Special Election and Submitting to the Qualified Electors of Territory Proposed to be Annexed to the City of Colton Community Facilities District No. 2021-2 (Maintenance Services)

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2 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. R-114-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF TERRITORY PROPOSED TO BE ANNEXED TO THE CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-2 (MAINTENANCE SERVICES), COUNTY OF. SAN BERNARDINO, STATE OF CALIFORNIA THE QUESTION OF LEVYING SPECIAL TAXES WITHIN THAT TERRITORY AND ESTABLISHING AN APPROPRIATIONS LIMIT THEREFOR (ANNEXATION NO. 1) WHEREAS, the City Council (the "City Council") of the City of Colton (the "City") has heretofore conducted proceedings for the establishment of and has established City of Colton Community Facilities District No. 2021-2 (Maintenance Services), County of San Bernardino, State of California (the "Community Facilities District") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello -Roos Community Facilities Act of 1982," (the "Act") to annex territory to the Community Facilities District by complying with the procedures set forth in said Article 3.5; and WHEREAS, on September 20, 2022, the City Council adopted Resolution No. R-104-22, a resolution of intention to annex territory to the 'Community Facilities District pursuant to Section 53339.2 of the California Government Code, determining that the public convenience and necessity require that certain property, consisting of approximately 38.414 acres, be annexed to the Community Facilities District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 5:00 p.m. on November 1, 2022, in the Council Chambers of the City Council, 650 N. La Cadena Drive, Colton, CA 92324 or via teleconference as directed by the City due to COVID-19 social distancing guidelines, as the time and place for a hearing upon said resolution; and WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339.4 of said Code; and WHEREAS, on November 1, 2022, at the time and place of said hearing, the City Council afforded all interested persons for or against the annexation of said property to the Community Facilities District an opportunity to present testimony and to protest against the proposed annexation of said property to the Community Facilities District, and no protests, either oral or in writing, were received; and WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit the question of levying a special tax within the territory proposed to be annexed to the Community Facilities District to the qualified electors within that territory. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of