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HomeMy WebLinkAbout14-047 - Resolutions RESOLUTION NO. FD 14-047 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. 88-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO.88-1,ANNEXATION NO. 88-14-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 88-1 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. 88-1 (the "District"); and, WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-14-1 ("Annexation Territory"), and, WHEREAS,the Board did call for and order to be held an election to submit to the qualified voters of the Annexation Territory a proposition to levy a special tax in the Annexation 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 Annexation 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 cast 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 Annexation Territory to the District and further determines that the Board is now authorized to levy the special taxes within the Annexation Territory as approved and authorized by the qualified electors of the Annexation Territory. Resolution No. FD 14-047 — Page 1 of 8 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. Resolution No. FD 14-047 — Page 2 of 8 PASSED, APPROVED, AND ADOPTED this 1711 day of September 2014. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None L. Dennis Michael, President ATTEST: ice C. Reynolds, cretary 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 17th day of September 2014. Executed this 18th day of September 2014 at Rancho Cucamonga, California. J ice C. Reynolds, Se6bbtary Resolution No. FD 14-047 — Page 3 of 8 MARK CROSS (+) ON BALLOT. BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL OFFICIAL BALLOT SPECIAL ELECTION NUMBER OF VOTES ENTITLED TO BE CAST: 1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-14-1 SEPTEMBER 17, 2014 INSTRUCTIONS TO VOTERS To vote on any measure, mark a cross (+) in the voting square after the word "YES" or after the word "NO". All marks, except the cross (+) are forbidden. All marks or erasures are forbidden and make the ballot void. if you tear or deface this ballot, call the Secretary of the Fire Protection District at (909) 477-2700 to obtain a second ballot. COMMUNITY FACILITIES DISTRICT NO. 88-1 Shall Community Facilities District No. 88-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on "Annexation Map of Community Facilities District No. 88-1 Annexation No. 88-14-1 Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the `Annexation Map") pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in Resolution No. FD 14-030 to finance fire suppression and protection services and administrative expenses? YES [� NO ❑ For particulars as to the rate and method of apportionment, see the Resolution No. FD 14-030 a copy of which is included in your ballot materials. Resolution No. FD 14-047 — Page 4 of 8 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. 88-1 ANNEXATION NO. 88-14-1 SPECIAL ELECTION In said Fire Protection District held on September 17, 2014. 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. 1. TOTAL NUMBER OF VOTES CAST: / IL TOTAL NUMBER OF VOTES FOR FOR AND AGAINST PROPOSITION A AGAINST {z WITNESS my hand and official Seal this-/ 7 day 2014. I _ ) EI ction Official Rancho Cucamonga Fire Protection District State of California Resolution No. FD 14-047 — Page 5 of 8 CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMENTS RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-14-1 (APN: 0225-191-37) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO RANCHO CUCAMONGA FIRE PROTECTION DISTRICT The undersigned, under penalty of perjury, CERTIFIES AS FOLLOWS: The undersigned is now, and at all times mentioned herein was, the duly appointed, qualified and acting SECRETARY of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, and as such, accomplished the notice requirements in connection with the referenced Community Facilities District, as noted: BALLOT PRESENTATION The VOTER PACKAGE was presented to all qualified electors within the boundaries of the territory (Annexation No. 88-14-1) proposed to be annexed to Community Facilities District No. 88-1, said presentation being accomplished on the !(per day of ore--b L' , 2014. EXECUTED this 1 (e� day of 2014, at Rancho Cucamonga, California. SE TARY OF THE FIRE PROTECTION DISTRICT R NCTIO CUCAMONGA FIRE PROTECTION DISTRICT STATE OF CALIFORNIA Resolution No. FD 14-047 — Page 6 of 8 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 88-1 ANNEXATION NO. 88-14-1 ELECTION OFFICIAL CONCURRENCE The undersigned is the duly appointed Secretary and designated Election Official responsible for conducting a special election in territory proposed to be annexed to the above entitled Community Facilities District. Pursuant to the provisions of Government Code Section 53326(a), the undersigned hereby agrees with and concurs to having the special election conducted on September 17, 2014, or such other date upon which all of the qualified electors and the official conducting the election may concur. r -N EXECUTED this / 7 day of 2014, at Rancho Cucamonga, California 1 � El- ION OFFICI RA HO CUCAMONGA FIRE PROTECTION DISTRICT STATE OF CALIFORNIA Resolution No. FD 14-047 — Page 7 of 8 /1 unit F istrict 88-1 n No. 88-14-1 7 n 0225-191-37 Hil side Rd I Ison Av i ! Annexation 88-14-1 CD CD Emi,an 0 0 D 19th St Z Q � 4 � -n �� G Base Line Rd I%k, L U a Bose Line Rd A it I Foothill BI Foothill BI CD CD °' Arrow Rt Arrow Rt 0 00 1 8th St „_„�„� Legend Q 6th Sit w go City Limits K > 4th St 4th St CFD 88.1 h�LYMT< ON NM• nMs6iT N, [L' �'[ _ I ems-m1 n,wAu 2M N'x .L v b�Y YrI1u 'S C ji � - T,-b,etlWyl wF-l� CLTY•Y:.[TUP Q = Q LLJ MATT WY wTN� tl 1 OF 1