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RESOLUTION NO. 9~-353
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A RESOLUTION OF THE CITY OF SAN BERNARDINO
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A RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE DETERMINATION AND LEVY OF
THE SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 995 FOR FISCAL YEAR 1991-92
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WHEREAS, the Mayor and Common Council (the "Council")
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of the City of San Bernardino (the "city") is the legislative
body of Community Facilities District No. 995 (Verdemont Area)
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(the "District"), which District was established pursuant to the
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provisions of the Mello-Roos Community Facilities Act of 1982,
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as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of
the Government Code of the State of California (the "Act"); and
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WHEREAS, the Council has enacted Ordinance No. MC-735
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of the city in accordance with section 53340 of the Act
authorizing the levy of a special tax on the property located
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within the District; and
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WHEREAS, the City has received a report relating to
the 1991-92 special tax levy of the District entitled "Special
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Tax Levy for Fiscal Year 1991-92," dated July 24, 1991 (the
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"Report"), prepared at the request of the Director of Finance of
the city by the firm of David Taussig and Associates, Inc.; and
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WHEREAS, the city has completed all steps necessary to
levy a special tax in accordance with the procedures set forth
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in the Act;
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
27 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
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RESOLUTION LEVYING 1991-92 SPECIAL TAX
section 1. The preceding recitals are true and
2 correct.
3 section 2. Pursuant to the provisions of Resolution
4 No. 90-448, adopted on November 5, 1990, and Ordinance No. MC-
5 735, adopted on July 16, 1990, there is hereby levied an
6 aggregate special tax of $338,732.66 on 169 parcels, all of
7 which are included in the District, for fiscal year 1991-92, as
8 set forth in the Report.
9 Section 3. The aggregate special tax is apportioned
10 to Special Tax Rate Area A in the amount of $80,122.87, to
II Special Tax Rate Area B in the amount of $130,494.18 and to
12 Special Tax Area D in the amount of $128,115.61. In the event
13 of the subdivision of any of the parcels in the District on or
14 prior to the immediately preceding March 31, the Director of
15 Finance is directed to amend (or cause to be amended) the Report
16 to reflect such subdivision and to file the revised listing of
17 special tax levies with the Auditor-controller of the County of
18 San Bernardino (the "Auditor-Controller").
19 section 4. The rate of special tax utilized in the
20 preparation of the Report does not exceed the amount previously
21 authorized by Ordinance No. MC-735, and is not in excess of that
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approved by the qualified electors of the District.
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section 5. The proceeds of the special tax shall be
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used to pay, in whole or in part, the costs of the following for
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the subject fiscal year as provided in section 3.03 of the
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Fiscal Agent Agreement for the District, listed in order of
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priority:
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RESOLUTION LEVYING 1991-92 SPECIAL TAX
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A. The administrative costs and other incidental
expenses of the District.
B. The interest scheduled for collection on the
outstanding bonded indebtedness.
C. The principal scheduled for collection on the
outstanding bonded indebtedness.
D. The sinking fund payments scheduled for
collection on the outstanding bonded
indebtedness.
E. Amounts needed to replenish the Bond Reserve Fund
to the level of the Reserve Requirement.
Any unallocated special tax proceeds shall be retained
in the Special Tax Fund and utilized to offset revenue
requirements for the next fiscal year.
Section 6. All special taxes collected will be paid
to the Fiscal Agent for the District for deposit in the special
Tax Fund upon receipt by the city from the Auditor-controller
pursuant to the terms of the Fiscal Agent Agreement for the
District.
section 7. The Auditor-controller is hereby directed
to enter on the next County assessment roll on which taxes will
become due, opposite each lot or parcel of land affected, in a
line item designated "public improvements," "CFD special tax,"
or any other suitable designation, the installment of the
special tax for the exact rate and amount of the special tax
levied in accordance with this resolution.
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RESOLUTION LEVYING 1991-92 SPECIAL TAX
Section 8. The Auditor-controller shall, at the close
2 of the tax collection period, promptly render to the District a
3 detailed report showing the amounts of the special tax
4 installments, penalties, interest, and fees collected, and from
5 which properties collected. Any expenses to be paid to the
6 Auditor-controller for carrying out the foregoing
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responsibilities shall be in accordance with a contract entered
into between the District and the Auditor-Controller, pursuant
to section 29304 of the Government Code of the State of
II section 9. This resolution shall take effect
12 immediately upon its passage and adoption.
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RESOLUTION LEVYING 1991-92 SPECIAL TAX
I HEREBY CERTIFY that the foregoing resolution was
2 duly adopted by the Mayor and Common Council of the City of San
3 Bernardino at a reqular
meeting thereof, held on the 5tiL day
4 of Auqust
, 1991, by the following vote, to wit:
5 Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
II POPE-LUDLAM
12 MILLER
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ABSTAIN
ABSENT
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cit: Clerk
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The foregoing resolution is hereby approved this 7th
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day of
August
, 1991.
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22 Approved as to form
and legal content:
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JAMES F. PENMAN,
24 City Attorney
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By:
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