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HomeMy WebLinkAboutResolution No. 02-C1080 RESOLUTION NO. 02-C108 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING THE RESULTS OF THE SPECIAL ELECTION FOR COMMUNITY FACILITIES DISTRICT NO. 2002-1 (MOUNTAIN COVE) ON THE PROPOSITION OF THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE TERRITORY PROPOSED TO BE ANNEXED TO SAID DISTRICT TO PAY PRINCIPAL AND INTEREST ON BONDS, DETERMINING THAT THE TERRITORY PROPOSED TO BE ANNEXED IS ADDED TO AND PART OF SAID DISTRICT WITH FULL LEGAL EFFECT, AND ORDERING THE RECORDING OF A MAP OF THE BOUNDARIES OF SAID DISTRICT INCLUDING THE TERRITORY ANNEXED THERETO WHEREAS, the City Council (the "City Council") of the City of Azusa (the "City") has heretofore conducted proceedings for the annexation of approximately 21.754 acres of land to Community Facilities District No. 2002-1 (Mountain Cove) of the City of Azusa, County of Los Angeles, State of California (the "Community Facilities District"), including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the time and place of said hearing, the City Council afforded all interested persons for or against the annexation of said territory to the Community Facilities District an opportunity to present testimony and to protest against the proposed annexation of said territory to the Community Facilities District, and no protests, either oral or in writing, were received; and WHEREAS, on October 21, 2002, the City Council adopted a resolution calling a special election (the "Election Resolution") and submitting to the qualified electors of the territory to be annexed to the Community Facilities District the question of levying special taxes within that territory to pay principal of and interest on the bonds of the Community Facilities District for October 21, 2002; and WHEREAS, the City Council has received a statement from the City Clerk (the "City Clerk"), who pursuant to the Election Resolution was authorized to conduct such special election and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of said special election, certifying that at least two-thirds of the votes cast upon the proposition submitted to the qualified electors in said special election were in favor of such proposition; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF AZUSA AS FOLLOWS: Section 1. Findings. The City Council finds that: (i) there were fewer than twelve (12) registered voters residing within the territory proposed to be annexed to the Community Facilities District (the "Territory") at the time of the close of the public hearing on October 21, 2002, RVPUB\BJS\640465 0 and pursuant to Section 53326 of the Government Code, the vote in said special election was, therefore, to be by the landowners owning land within the Territory, with each landowner having one vote for each acre or portion thereof of land that he or she owns within the Territory; (ii) pursuant to said Section 53326 and the Election Resolution, the City Clerk distributed the ballot for the special election to Azusa Associates, LLC, the owner of all of the land within the Territory with return postage prepaid; (iii) said landowner waived the time limits for holding the special election and the election dates specified in said Section 53326, and consented to the calling and holding of said special election at any time prior to November 30, 2002; (iv) said special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (v) pursuant to said Section 53326, said landowner, which owned 21.754 acres, was entitled to 22 votes; (vi) said landowner returned its ballot to the City Clerk prior to 7:30 p.m. on October 21, 2002; (vii) the ballot returned to the City Clerk by said landowner voted all votes of said landowner in favor of the proposition set forth therein; (viii) at least two-thirds of the votes cast in such special election on said proposition were in favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said proposition carried; (ix) pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the Territory has been added to and become a part of the Community Facilities District with full legal effect; and (x) the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the Territory to pay the principal of and interest on the bonds of the Community Facilities District. Section 2. Declaration of Results. All votes voted in the special election on the proposition of the annual levy of special taxes within the Territory to pay the principal of and interest on the bonds of the Community Facilities District were voted in favor thereof, and such proposition carried. Section 3. Annexation. The Territory is annexed and added to and is a part of the Community Facilities District with full legal effect, and the City Council shall annually levy special taxes within the Territory, as specified in Resolution No. 02-C95, to pay the principal of and interest on the bonds of the Community Facilities District. The boundaries of the Territory are shown on the map entitled, Annexation Map No. I Community Facilities District No. 2002-1 (Mountain Cove) of the City of Azusa, County of Los Angeles, State of California, which was recorded on September 22, 2002 in Book 187 of Maps of Assessment and Community Facilities Districts at page 95, and as Instrument No. 02-2226801 in the office of the County Recorder of the County of Los Angeles. Section 4. Recording. Pursuant to Section 3113 of the Streets and Highways Code, the City Clerk shall have filed with the County Recorder of the County of Los Angeles a map of the amended boundaries of the Community Facilities District including the Territory. RVPUB\BJS1640465 -2- STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES) ADOPTED AND APPROVED this 21ST day of October, 2002 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 21 st day October; 2002, by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, ROCHA, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLERK