HomeMy WebLinkAbout1990-284
RESOLUTION NO. 90-28~
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RESOLUTION OF THE CITY OF SAN BERNARDINO
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A RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE FILING OF A VALIDATION
ACTION WITH RESPECT TO THE VALIDITY OF THE
ORDINANCE AUTHORIZING THE LEVY OF THE
SPECIAL TAX WITHIN COMMUNITY FACILITIES
DISTRICT NO. 995 (VERDEMONT AREA), AND ALL
PROCEEDINGS LEADING UP TO THE ADOPTION OF
SUCH ORDINANCE
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WHEREAS, the Common Council (the "Common Council")
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of the City of San Bernardino, (the "City") has heretofore on
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June 18, 1990, duly adopted Resolution No. 90-247 establishing
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City of San Bernardino Community Facilities District No. 995
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(Verdemont Area) (the "District") and approving the Rate and
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Method of Apportionment of Special Tax to pay for certain
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publiC facilities within such Community Facilities District
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all under and pursuant to the terms and provisions of the
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"Mello-Roos Community Facilities Act of 1982" (the "Act"),
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being Chapter 2.5, Part 1, Division 2, Title 5 of the
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Government Code of the State of California; and
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WHEREAS, the Common Council of the City has
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heretofore on June 18, 1990, duly adopted Resolution
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No. 90-248 declaring the necessity to incur a bonded
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indebtedness in the amount of $11,000,000 to pay for all or a
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portion of the publiC facilities within the District; and
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WHEREAS, on June 26, 1990 an election was held
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within the District in which the qualified electors approved
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by more than a two-thirds vote the consolidated proposition of
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incurring bonded indebtedness, levying a special tax and
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establishing an appropriations limit within the District; and
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RESOLUTION AUTHORIZING VALIDATION-ACTION
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WHEREAS, an Ordinance (the "Ordinance") authorizing
the levy of a special tax within the District has been
introduced at a regular meeting of the Common Council of the
City:
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 resolves that
the firm of Orrick, Herrington & Sutcliffe, as special bond
counsel with respect to the District be authorized to file,
pursuant to Section 860 ~ ~~ of the Code of Civil Procedure
of the State of California, a validation action with respect
to the validity of the Ordinance authorizing the levy of the
special tax within the District, and all proceedings leading
up to adoption of the Ordinance, in conjunction with the City
Attorney of the City of San Bernardino.
SECTION 3. This Resolution shall be effective upon
adoption.
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RESOLUTION ~UTHQRIZING VALID~TION ACTION
I HEREBY CERTIFY that the foregoing resolution was
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duly adopted by the Mayor and Common Council of the City of
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San Bernardino at a regular meeting thereof, held on the 2nd
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day of July, 1990, by the following vote, to wit:
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<;;gllJ:L<;j,Ll.j~[Tt1:Je:r~ :
l\.YES
Nb1'S
[l.BSTh,IN
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7 ESTRADA
8 REILLY
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9 FLORES
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10 MAUDSLEY
II MINOR
12 POPE-LUDLUM
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__X-
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13 MILLER
-X___
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J# H&t&(J) t~e4-f Jaer-L?Z/:
Ci tJ' Clerk If
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The foregoing resolution is hereby approve this
s/;lvda ./
..___ y of July, 1990.
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W.~domb, ayor
City of an Be nardino
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and legal content:
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JAMES F. PENMAN,
City Attorney
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By.!1p::.
7'dV-
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