HomeMy WebLinkAbout2004-2701
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RESOLUTION NO. 2004-270
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DESIGNATING THE MAYOR TO ACT ON BEHALF
OF THE CITY OF SAN BERNARDINO RELATIVE TO THE SPECIAL
LANDOWNER ELECTION FOR CFD NO. 1033 AND TAKING RELATED
ACTIONS THERETO.
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
corporation and charter city, duly organized and existing pursuant to the provisions of the
Constitution of the State of California; and
WHEREAS, the Mayor and Common Council of the City have previously conducted
proceedings pertaining to the formation of Community Facilities District No. 1033 ("CFD No.
1033") pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of
1982," as amended (the "Act'), Chapter 2.5 of Part 1 of Division 2 (commencing with Section
53311) of the California Government Code; and
WHEREAS, as part of such proceedings the City held a hearing on the proposed
formation of CFD No. 1033 on June 21, 2004 and adopted a Resolution of Formation which
among other things established the formation of CFD No. 1033 and called for an election
("Special Landowner Election") to be held on September 20, 2004 within CFD No. 1033
relative to the levy of the proposed special tax within the boundaries of CFD No. 1033 to pay
for a portion of the continued operation and maintenance of the Verdemont Fire Station,
including but not limited to payment of compensation of employees, including salaries and
benefits, maintenance and operation of fire safety vehicles and fire station structures, any other
required to keep such equipment and improvements in fit operating condition and any
expenses (collectively, the "O&M Expenses"), and the rate and method of
and manner and collection of the special tax; and
2004-270
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DESIGNATING THE MAYOR TO ACT ON BEHALF OF THE
1 CITY OF SAN BERNARDINO RELATIVE TO THE SPECIAL LANDOWNER
ELECTION FOR CFD NO. 1033 AND TAKING RELATED ACTIONS THERETO.
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3 WHEREAS, pursuant to Section 53326 of the Act, for purposes of these proceedings
4 the qualified electors are the landowners within CFD No. 1033, with votes cast by such
5 landowners or their authorized representatives, each having one vote for each acre or portion
6 thereof that such landowner owned in CFD No. 1033 as of the close of the formation hearing
7 on June 21, 2004, because fewer than twelve (12) persons have been registered to vote within
the territory of CFD No. 1033 for each of the ninety (90) days preceding the close of the June
21, 2004 public hearing conducted and concluded by the Mayor and Common Council; and
10 WHEREAS, the City itself is a landowner of property within the territory of CFD No.
11 1033, necessitating the City to designate an authorized representative to participate in the
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September 20, 2004 Special Landowner Election within CFD No. 1033 relative to the levy of
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the CFD No. 1033 special tax, the rate and method of apportionment and manner of collection
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of the special tax for CFD No. 1033; and
WHEREAS, the Common Council wishes to designate the Mayor as the City's
171 lauthorized representative to participate in the Special Landowner Election of September 20,
18I F004, and take other related actions for the establishment of CFD No. 1033, all as provided in
191 �he Act.
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2004-270
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DESIGNATING THE MAYOR TO ACT ON BEHALF OF THE
CITY OF SAN BERNARDINO RELATIVE TO THE SPECIAL LANDOWNER
ELECTION FOR CFD NO. 1033 AND TAKING RELATED ACTIONS THERETO.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS
FOLLOWS:
Section 1. Recitals
The above recitals are all true and correct.
Section 2. Designation of Mayor as Authorized City Representative.
The Common Council hereby designates the Mayor as the authorized representative of
the City as a landowner within CFD No. 1033 for purposes of the Special Landowner Election
to be held on September 20, 2004, pursuant to Section 53326 of the Act.
Section 3. Ballot and Related Authorizations
As authorized by Section 53353.5 of the Act, the propositions described in the recitals,
above, shall be combined into a single ballot measure, the form of which is attached hereto as
"A" and by this reference incorporated herein. Upon its receipt from the City Clerk,
as the Election Official for this Special Landowner Election, the Mayor is hereby
to: (a) vote in the affirmative for each acre or portion thereof set forth in the ballot, (b)
the declaration stating that the Mayor is the authorized representative of the City as the
entitled to vote in the Special Landowner Election relative to CFD No. 1033, and (c)
the ballot to the City Clerk on or before 12:00 p.m. on September 20, 2004 in the
enclosed with the ballot.
Section 4. Effective Date
This Resolution shall take effect upon adoption.
2004-270
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DESIGNATING THE MAYOR TO ACT ON BEHALF OF THE
CITY OF SAN BERNARDINO RELATIVE TO THE SPECIAL LANDOWNER
ELECTION FOR CFD NO. 1033 AND TAKING RELATED ACTIONS THERETO.
Section 5. Certification
The City Clerk shall certify to the passage and adoption of this resolution, enter the
same in the book for original Resolutions of the City, and make a minute of passage and
adoption thereof in the records of the proceedings of the Mayor and Common Council of the
, in the minutes of the meeting at which this resolution is passed and adopted.
2004-270
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DESIGNATING THE MAYOR TO ACT ON BEHALF OF THE
CITY OF SAN BERNARDINO RELATIVE TO THE SPECIAL LANDOWNER
ELECTION FOR CFD NO. 1033 AND TAKING RELATED ACTIONS THERETO.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint regular meeting
thereof, held on the 7th day of September 2004, by the following vote to
wit:
Council Members:
ESTRADA
LONGVILLE
MCGINNIS
DERRY
JOHNSON
MC CAMMACK
Ayes Nays
x
x
x
x
x
x
x
Abstain Absent
Rachel G. Clark, City Clerk
foregoing resolution is hereby approved this q-rH day of September
Approved as to form and Legal Content:
By:
es F. Penman
ity Attorney
zz- 111«J
lanes, Mayor
San Bernardino
2004-270
Exhibit "A"
City of San Bernardino
Community Facilities District No. 1033 Special Landowner Election
Official Ballot
IiNN1Kul; IlUiNJ: ],lease cast your vote, byplacmg a check mark in either the yes or
PROPOSITION A: "Shall Community Facilities District
No. 1033 of the City of San Bernardino be authorized to
annually levy a special tax, payable solely from lands within ❑ YES
Community Facilities District No. 1033, to finance a portion
of the continued operation and maintenance of the Verdemont
Fire Station of the City of San Bernardino, which operation
and maintenance shall include, but not be limited to, payment
of compensation of employees, including salaries and
benefits, maintenance and operation of fire safety vehicles ❑ NO
and fire station structures, any other expenses required to
keep such equipment and improvements in fit operating
condition, and any incidental expenses and all necessary
administrative expenses of the City?"
Name of Property Owner:
Address of Property Owner:
Assessor's Parcel No.:
No. of Acres:
......................................................................................................................... I ...........................
This Ballot is Worth Votes
............... ........................................................................—..................... .............................
;
no box.
I, , hereby declare, under penalty ofperjury under the laws of
Name of Property Owner
the State of California, that I am the owner of record/authorized representative of the owner of
the property referenced herein by Assessor's Parcel Numberls), and that I am the person whose
name appears on the identification envelope containing this ballot
Signature of Property Owner/Authorized Representative:
I IMPORTANT NOTE: II
Voted ballot must be received in the City of San Bernardino, City Clerk's Office, 2"d Floor,
300 N. "D"Street, San Bernardino, CA 92418, not later than 12 noon on September 20, 2004.
Election results to be announced at the Mayor and Common Council meeting of September 20,
2004 at 4:00 p.m., or as soon thereafter as possible.