Resolution - 2004-102RESOLUTION NO.2004-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, CERTIFYING THE RESULTS OF THE
ELECTION HELD ON DECEMBER 21, 2004 ON THE LEVY OF
SPECIAL TAXES BY THE COASTAL SAGE AND SCRUB (CSS)
COMMUNITY FACILITIES DISTRICT
is establishing
on December 21, 2004, the City Council adopted a Resolution of Formation
establishing a community facilities district named, "Community Facilities District No. One,
Coastal Sage and Scrub (CSS) Community Facilities District," in accordance with the
requirements of the Mello -Roos Community Facilities Act of 1982 (Gov't Code § 53311, e! seq.;
the "Mello -Roos Act")
WHEREAS, the Resolution of Formation set December 21, 2004, as the date for an
election on the levy of special taxes on all property within the CSS Community Facilities
District, such that the election would occur immediately following the District's formation;
WHEREAS, all landowners within the District have consented to a full wavier of all
election requirements, including but not limited to election time limits;
WHEREAS, all such landowners likewise authorized the City Manager/Community
Development Commission Executive; Director to cast, all, -votes on the levy of special taxes in
favor of such levy;
WHEREAS, pursuant to the landowners' authorizations and waivers, and pursuant to the
terms of the Resolution of Formation and the provisions of the Mello -Roos Act, the City of West
Covina held an election on December 21, 2004 immediately following the formation of the CSS
Community Facilities District, at which the votes of all landowners owning property within said
District were case;
WHEREAS, the City Council, at the conclusion of the election, directed the City Clerk to
tabulate the votes cast by landowners owners within the CSS Community Facilities District, in
favor of, or in opposition to, the levy of special taxes by the District, according to the
requirements of the Mell-Roos Act;
WHEREAS, the landowners of record within said District, as of the close of the election
held on this date, did cast their votes, and the results of the election is illustrated below:
TOTAL VOTES CAST YES TOTAL NO TOTAL
658 658 -0-
WHEREAS, based upon the above -referenced election results, and pursuant to the
requirements of the Mello -Roos Act providing that no special tax may be levied by the CSS
Community Facilities District unless two-thirds or more of all votes cast favor the levying of
such tax, the CSS Community Facilities District may levy a special tax in such manner as
provided in the Resolution of Formation for such District and in the Mello -Roos Act.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of West Covina as
follows:
SECTION 1. The City Council hereby affirms the accuracy of the foregoing recitals.
SECTION 2. The City Council hereby declares the results of the election, including the
tabulation of votes cast therein, to be valid and accurate.
SECTION 3. The City Council hereby determines that any facilities financed by the CSS
Community Facilities District are necessary to meet increased demands placed upon local
agencies as the result of development or rehabilitation occurring in the District.
SECTION 4. The City Clerk is hereby directed to enter this Resolution on the minutes of
the City Council, which shall constitute the official declaration of the results of the election on
the levy of special taxes by the CSS Community Facilities District.
Reso. No. 2004-102
Page 2 of 2
SECTION 5. The City Clerk shall attest to the passage and adoption of this resolution
and it shall be effective immediately upon its approval.
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APPROVED AND ADOPTED this 2151 day of December 2004.
l m
Mayor Michael L. Miller
ATTEST:
1, SUSAN RUSH, DEPUTY CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing resolution was duly adopted by the City Council of the City of West
Covina, California, at a regular meeting thereof held on the 2151 day of December, 2004, by the
following vote of the City Council:
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM:
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City A tomeAlvarez-Glasman
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City Clerk Susan