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HomeMy WebLinkAbout09-013 - Resolutions RESOLUTION NO. FD 09-013 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,CALIFORNIA,ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILTIES DISTRICT NO.85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1,ANNEXATION NO. 09-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS,the Board of Directors (the"Board") of the Rancho Cucamonga Fire Protection District, California, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and 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, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 09-1 ("Annexed Territory"), and, WHEREAS, the Board did call for and order to be held an election to submit to the qualified voters of the Annexed Territory a proposition to levy a special tax in the Annexed Territory; and, WHEREAS, at this time said election has been held and the measure voted upon did receive the favorable 2/3's vote of the qualified voters, and the Board desires to declare the favorable results of the election and to order the annexation of the Annexed Territory to the District. NOW,THEREFORE,the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Board hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the Election Official, said Statement setting forth the number of votes case in the election, the measure voted upon, and the number of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto marked Exhibit "A", referenced and so incorporated. SECTION 3. The Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATEMENT OF VOTES CAST. SECTION 4. The Board hereby orders the annexation of the Annexed Territory to the District and further determines that the Board is now authorized to levy the special taxes within the Annexed Territory as approved and authorized by the qualified electors of the Annexed Territory. SECTION 5. Immediately upon adoption of this Resolution, the AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) shall be recorded in the Office of the County Recorder. Please see the following page for formal adoption,certification and signatures Resolution No. FD 09-013 Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 6th day of May 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, .D., President ATTEST: Jknice C. Reyn Ids, Secretary I,JANICE C. REYNOLDS,SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 6th day of May, 2009. Executed this 7th day of May 2009 at Rancho Cucamonga, California. Ja ice C. Reynolds, Secretary Resolution No. FD 09-013 Page 3 of 3 EXHIBIT A CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ) THE UNDERSIGNED, AS ELECTION OFFICIAL OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DO HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and the Elections Code of the State of California, I did canvass the returns of the votes cast at the: RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 09-1 SPECIAL ELECTION in said Fire Protection District held on April 8, 2009. 1 FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District, and the whole number of votes cast for the Measure in said District, and the totals of the respective columns and the totals as shown for the Measure are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: 1 II. TOTAL NUMBER OF VOTES FOR FOR 1 AND AGAINST PROPOSITION A AGAINST 0 WITNESS my hand and official Seal this 9th day of APRIL, 2009 Election Official Rancho Cucamonga Fire Protection District State of California