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Home My WebLink About1990-248 RESOLUTION NO. 90-248 2 RESOLUTION OF THE CITY OF SAN BERNARDINO 3 A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN COMMUNITY FACILITIES DISTRICT NO. 995 (VERDEMONT AREA), CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE PROPOSITION OF INCURRING SUCH BONDED INDEBTEDNESS AND DESIGNATING THE CITY CLERK OF THE CITY AS THE ELECTION OFFICIAL 4 5 6 7 8 9 WHEREAS, the Common Counci 1 (the "Common Counci 1") 10 of the City of San Bernardino ("the City") has heretofore on II April 16, 1990, duly adopted Resolution No. 90-140 declaring 12 its intention to establish a community facilities district and 13 to levy a special tax to pay for certain public facilities in 14 and for such community facilities district under and pursuant 15 to the terms and provisions of the "Meilo-Roos Community 16 Facilities Act of 1982" (the "Act"), being Chapter 2.5. Part 17 1, Division 2, Title 5 of the Government Code of the State of 18 California, which such community facilities district was 19 designated as "City of San Bernardino Community Facilities 20 District No. 995 (Verdemont Area)" (the "Community Facilities 21 District"), and 22 WHEREAS, the Common Council has heretofore on 23 April 16, 1990, duly adopted Resolution No. 90-136 declaring 24 its intention to incur a bonded indebtedness in the amount of 25 eleven million dollars ($11,000,000) to finance certain public 26 facilities, including an infrastructure development fee (the 27 "Fee") for units to be constructed in the Verdemont Area of 28 the City authorized pursuant to Ordinance No. MC-707 of the 06/12/90 RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS City (the "Ordinance"). to provide for the acquisition. construction and installation of full-width street improvements. including full-width paving. curbs and gutters, sidewalks. street lights. sewer mains. storm drains and catch basins. together with auxiliary structures and appurtenances, including the acquisition of all necessary easements and rights-of-way and to provide school facilities to serve the development within the Verdemont Area of the City of San Bernardino (the "Facilities"). which bonded indebtedness shall be secured by the levy of a special tax within the Community Facilities District; and WHEREAS. pursuant to Resolution No. 90-140. a public hearing was held by the City Council on May 21. 1990. or as soon thereafter as the matter could be heard. at which hearing all persons interested. including all taxpayers. property owners and registered voters within the Community Facilities District were given an opportunity to appear and be heard, and the testimony of all interested persons or taxpayers for or against the establishment of the Community Facilities District and the levy of the special tax therein. or the extent of the Community Facilities District. or the type and extent of the Facilities. or the establishment of an appropriations limit therefor. or any other matters set forth in said Resolution No. 90-140. was heard and considered; and WHEREAS. at the end of said pUblic hearing the Common Council duly adopted a Resolution of the City establishing the Community Facilities District; and / / / 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 2259c 06/12/90 RESOLUTION DECLARING NECESSI'YY TO INCUR BONDED INDEBTEDNESS 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, pursuant to said Resolution No. 90-136, a public hearing was held by the Common Council on May 21, 1990, at which hearing any persons interested, including ail taxpayers, property owners and registered voters within the Community Facilities District, were given an opportunity to appear and be heard on the proposed debt issue or any other matters set forth in said Resolution No. 90-136, and they were permitted to present any matters relating to the necessity for incurring such bonded indebtedness to pay for all or a portion of the Facilities and to be secured by a special tax to be levied within the Community Facilities District; and WHEREAS, the Common Council is fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: Section 1. All of the above recitals are true and correct. Section 2. The Common Council hereby declares and deems that the public convenience and necessity require and it is necessary that bonded indebtedness be incurred to finance all or a portion of the Facilities as more particularly set forth in Exhibit B to Resolution No. 90-140 for the Community Facilities District. Section 3. The purpose for the proposed bonded indebtedness is to finance the Facilities, including capacity and connection fees, together with incidental expenses consisting the costs of planning and designing such facilities, including the costs of environmental evaluations 3 2259c 06/12/90 RESOLUTION DECLARING NECESSITY TO. INCUR BONDED INDEBTEDNESS 2 3 4 5 6 7 8 9 /0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 thereof, all costs associated with the establishment of the Community Facilities District, the issuance of bonds, the determination of the amount of any special taxes to be levied, the cost of COllecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, together with any other expenses incidental to the acquisition, construction, completion and inspection of the Facilities. Section 4. The whole of the territory within the Community Facilities District, as indicated on the amended map approved by the Common Council on this date, will be benefited by such bonded indebtedness and will be subject to a special tax to pay for such bonded indebtedness, as set forth in the resolution establishing the Community Facilities District. Section 5. The amount of the proposed bonded indebtedness to be incurred to finance all or a portion of the Facilities (including incidental expenses as authorized by the Act) is eleven million dollars ($11,000,000). Section 6. The maximum term of the bonds shall not exceed forty (40) years from the date of the bonds, or the date of any series thereof. Section 7. The maximum annual rate or rates of interest to be paid on the bonds shall not exceed the maximum annual rate permitted by law at the time of the sale of the bonds, as determined at that time, payable semiannually commencing the first March 1 or September 1 following their date. 4 2259c 06/12/90 RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDE~TEDNESS 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S_E;!9tLQn__8. The Common Counc i 1 hereby dec lares that the Droposition of incurring such bonded indebtedness shall be submitted to the qualified electors within the Community Facilities District and shall be combined in one ballot proposition with the question of levying a special tax within the Community Facilities District and the establishment of an appropriations limit in the amount of $1,100,000 per fiscal year in connection therewith, all in accordance with and subject to the Act, all the terms of which shall be applicable to such election. ~ection 9. An election shall be and is hereby called and ordered to be held in the Community Facilities District on Wednesday, June 26, 1990, at which election there shall be submitted to the qualified electors within the Community Facilities District the combined ballot proposition of levying a special tax, of establishing an appropriations limit and of incurring such bonded indebtedness, such combined ballot proposition to read substantially as set forth in Exhibit A hereto, with such changes therein as shall be requested by the City Clerk as the designated election official of the Community Facilities District. Section_lO. If the combined proposition for the levying of such special tax, the establishing of such 3DproDriations limit and the incurring of such bonded indebtedness receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the bonds may be issued and sold for the purpose for which authorized, and the bonds (except where funds are otherwise available) shall be 5 2259c 06/12/90 RESOLUTION DECLARING NECESSITY. TO INCUR BONDED INDEBTEDNESS 2 3 4 5 6 7 8 9 10 " 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 paid exclusively from the annual levy of such special tax and are not and shall not be secured by any other taxing power or funds of the City or other public agency or the Community Facilities District. Section 11. The Common Council does hereby submit to the qualified electors within the Community Facilities District at said special election the combined ballot proposition described in Section 9 of this resolution, and designates and refers to said proposition in the form of ballot hereinafter prescribed for use at said election. (a) Said special election shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined, as herein provided; and in all particulars not prescribed by this resolution said special election shall be held and conducted and the votes received and canvassed in the manner provided by the laws regulating elections of the City and consistent with the Act. (b) The requirements of Section 53326 of the Act have been waived by each landowner; the ballots for the special election shall be distributed by personal or maiied delivery to each of the landowners within the Community Facilities District. Each landowner shall have one vote for each acre or portion thereof that he, she or it owns within the Community Facilities District, as provided in Section 53326 of the Act. (c) All qualified electors qualified to vote at elections in the Community Facilities District upon the date 6 2259c 06/12/90 RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the special election herein provided for shall be qualified to vote upon the measure submitted at said special election. (d) On the ballots to be used at said special election, in addition to all other matters required by law to be printed thereon, shall appear the measure described in Section 9 hereof. Each voter to vote for said measure and for levying said special tax, establishing such appropriations limit and incurring said bonded indebtedness shall mark the ballot card in the space opposite the word "YES" or to vote against said measure and against levying said special tax, establishing such appropriations limit and incurring said bonded indebtedness shall mark the ballot card in the space opposite the word "NO." (e) The ballots to be used at said special election must be received in the office of the City Clerk by 4:30 p.m. the date of the election. (f) The City Clerk shall commence the canvass of the returns of the special election at 9:00 A.M. on the day fOllowing the date of the special election and at the conclusion thereof shall determine the results of the special election and shall certify said results to the Common Council. (g) The Common Council shall declare the results of said special election at the next regular meeting following the date of the election, and shall cause to be spread upon its minutes a statement of the results of said special election as ascertained by said canvass. 7 2259c 06/12/90 - RESOLUTION DECLARING NECESSITY TO ~NCUR BONDED INDEBTEDNESS I HEREBY CERTIFY that the foregoing resolution was 2 3 duly adopted by the Mayor and Common Council of the City of San Bernardino at a reguldr meeting thereof, held'on the 4 l~ day of June , 1990, by the following vote, to wit: 5 6 Council Members: ABSTAIN AYES NAYS 7 8 ESTRADA ---"-- 9 REILLY ---"-- 10 FLORES ---"-- II MAUDSLEY ---"-- 12 MINOR --1L- 13 POPE-LUDLAM ----X...- 14 MILLER --1L- 15 16 ~.$~$~$ /' 17 City Clerk 18 19 The foregoing resolution is hereby approved this 20 /'leA- day of June , 1990. 21 /Ln,t.A-<--- ,J, !IJLlet.-'r/' M::tYOL' -Pro. 'fempox;:.e-~ City of San Bernardino 22 23 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 By: I}VYvv~ ? ? ~ () , 28 8 2259c 06/12/90 RESOLUTION DECLARING NECESSITY.TO.INCUR BONDED INDEBTEDNESS EXHIBIT A 2 PROPOSITION XXX: Shall City of San Bernardino Community Facilities District No. 995 (Verdemont Area) be authorized to finance certain public facilities, including all or a portion of the Verdemont Area infrastructure development fee, representing the acquisition, construction and installation of full-width street improvements, including full-width paving, curbs and gutters, sidewalks, street lights, sewer mains, storm drains, catch basins, together with auxiliary structures and appurtenances and including the acquisition of all necessary easements and rights-of-way, and school facilities to serve the development within the Verdemont Area of the City of San Bernardino, by incurring a bonded indebtedness in the principal amount of $11,000,000 and shall an appropriations limit in the amount of $1,100,000 per fiscal year in connection therewith be established for the Community Facilities District, and shall a special tax with a maximum rate and method of apportionment as provided in Exhibit C to Resolution No. 90~ adopted by the Common Council of the City of San Bernardino on June 19, 1990, which is incorporated by reference herein, be levied to pay for such facilities, including the payment of current and future principal of and interest on such bonds and the annual administration expenses of the City and the Community Facilities District in determining, apportioning, levying and COllecting the special tax, and including the repayment of funds advanced to or on behalf of the Community Facilities District? 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28