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RESOLUTION NO. 90-
RESOLUTION OF THE CITY OF SAN BERNARDINO
A RESOLUTION OF THE CITY OF SAN BERNARDINO
DETERMINING THE RESULT OF THE SPECIAL
ELECTION HELD IN CIty OF SAN BERNARDINO
COMMUNITY FACILItIES DISTRICT NO. 995
lVERDEMONT ARIA) ON JUNE 26. 1990
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WHEREAS. the City Clerk of the City of San
Bernardino. as the desiqnated election official the ("Election
Official"). has duly canvassed the votes cast in the City of
San Bernardino Community Facilities District No. 995
(Verdemont Area) (the "District") at the special election held
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in the District on June 26. 1990. by the landowners of the
District upon the proposition hereinafter set forth. ~ndhas
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certified to the Common Council of the City of San Bernardino
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(the "Common Council") the result of the votes cast at such
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election upon said proposition. which said Certification of
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the Election Official lthe "Certification") is attached hereto
as Exhibit A:
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NOW THEREFORE. BE IT RESOLVED BY THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. At the special election held on June 26.
1990 in the District the Proposition (A) was submitted to the
qualified electors. beinq the landowners in the District. as
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follows:
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PROPOSITION (A):
Shall City of San Bernardino
Community Facilities District
~o. 995 lVerdemont Area) be
authorized to finance certain
publiC facilities. includinq all
or a portion of the Verdemont
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RESOLUTION DET~NING RESULT OF SPECIAL ELtltTION
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Area infrastructure development fee. representinq
the acquisition. construction and installation of
full-width street imprOvements. includinq full-width
pavinq. curbs and qutters. sidewalks. street liqhts.
sewer mains. storm drains. catch basins. toqether
with auxiliary structure. and appurtenances and
includinq the acquisition of all necessary easements
and riqhts-of-way. and school facilities to serve
the development within the Verdemont Area of the
City of San Bernardino. by incurrinq 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. 90-140 adopted by the
Common Council of the City of San Bernardino on
April 16. 1990. which is incorporated by reference
herein. be levied to pay for such publiC facilities.
includinq the payment of current and future
principal of and intere.t on such bonds and the
annual administration ..penses of the City and the
Community Facilitie. District in determininq.
apportioninq. levylnq and col1ectinq the special
tax. and includlnq the repayment of funds advanced
to or on behalf of the Community Facilities District?
SECTION 2. The canvass of the votes cast in the
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District. includinq the total number of votes cast for and
aqainst such proposition at the special election held in the
District on June 26. 1990 as shown by the Certification. is
hereby approved and confirmed.
SECTION 3. Based on the Certification. the Common
Council finds and determines that more than two-thirds (2/3)
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of all the votes cast at such special election were cast in
favor of such proposition. and such proposition passed.
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SECTION 4. The Common Council further finds and
determines that the facilities to be financed by the District.
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includinq the infrastructure development fee. are necessary to
meet increased demand placed upon the City and other local
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RESOLUTION DETE~NING RESULT OF SPECIAL ELtlPTION
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aqencies as the result of development or rehabilitation
occurrinq in the District.
SECTION 5. The City Clerk is hereby directed to
enter this resolution on the minutes of the Common Council.
which shall constitute the official declaration of the result
of such special election.
SECTION 6. This Resolution shall be effective upon
adoption.
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RESOLUTION DETJltINING RESULT OF SPECIAL E~TION
I HEREBY CERTIFY that the foreqoinq resolution was
2 duly adopted by the Mayor and Common Council of the City of
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San Bernardino at a
meetinq thereof, held on the
4 2nd day of July, 1990. by the followinq vote, to wit:
5 Council Members:
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NAYS
ABSTAIN
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ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLUM
MILLER
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City Clerk
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The foreqoinq resolution is hereby approved this
____ day of July, 1990.
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W.R. Holcomb. Mayor
City of San Bernardino
Approved as to form
and leqal content:
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JAMES F. PENMAN.
City Attorney
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RESOLUTION DET~NING RESULT OF SPECIAL EL~TION
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Exhibit A
CERTIFICATE OF CITY CLERK AS ELECTION OFFICIAL
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State of California )
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City of San Bernardino)
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I. SHAUHA CLARK. City Clerk of the City of San Bernardino.
actinq as de.iqnated election official. do hereby certify
that. pursuant to a Resolution adopted by the Common Council
of the City of San Bernardino on June 18. 1990. I did conduct
a Special Election for Community Facilities District No. 995
(Verdemont Area) for the Special Bond and Special Tax Election
on June 26. 1990 and that said election was conducted by
mailed ballot to the landowners of said Community Facilities
District.
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I further certify that the followinq shows the full text of
the measure submitted to the voters at said election held on
June 26. 1990. and the full and true totals of all votes cast
for and aqainst said measure.
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PROPOSITION (A)l Shall City of San Bernardino
Community Facilltie. District
No. 995 (Verdemont Area) be
authorized to finance certain
publiC facilitie.. includinq all
or a portion of the Verdemont
Area infrastructure development fee. representinq
the acquisition. construction and in.tallation of
full-width street improvements. inc1udinq full-width
pavinq. curbs and qutters. .idewalks. street liqhts.
sewer mains. storm drains. catch basin~. toqether
with auxiliary structures and appurtenance. and
includinq the acquisition of all nece.sary easements
and riqhts-of-way. and school facilities to serve
the development within the Verdemont Area of the
City of San Bernardino. by incurrinq a bonded
indebtedne.s 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. 90-140 adopted by the
Common Council of the City of San Bernardino on
April 16. 1990. which is incorporated by reference
herein. be levied to pay for such public facilities.
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RESOLUTION DETE~NING RESULT OF SPECIAL EL~ION
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includinq 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 determininq.
apportioninq. levyinq and collectinq the special
tax. and includinq the rep~yment of funds advanced
to or on behalf of the Community Facilities District?
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TOTAL VOTES CAST
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June 27. 1990
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City C1erk as Election Official
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RESOLUTION NO. 90-
RESOLUTION OF THE CITY OF SAN BERNARDINO
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")
of the City of San Bernardino. (the "City") has heretofore on
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June 18. 1990. duly adopted Resolution No. 90-247 establishinq
City of San Bernardino Community Facilities District No. 995
(Verdemont Area) (the "District") and approvinq the Rate and
Method of Apportionment of Special Tax to pay for certain
public facilities within such Community Facilities District
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all under and pursuant to the terms and provisions of the
"Mello-Roos Community Facilities Act of 1982" (the "Act").
beinq 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
No. 90-248 declarinq the necessity to incur a bonded
indebtedness in the amount of $11,000.000 to pay for all or a
portion of the public facilities within the District: and
WHEREAS, on June 26. 1990 an election was held
within the District in which the qualified electors approved
by more than a two-thirds vote the consolidated proposition of
incurrinq bonded indebtedness, levyinq a special tax and
establishinq an appropriations limit within the District; and
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RESOLUTION AUTH~ZING VALIDATION ACTION ~
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WHEREAS. an Ordinance (the "Ordinance") authorizinq
the levy of a special tax within the District has been
introduced at a reqular meetinq 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. Herrinqton & Sutcliffe. as special bond
counsel with respect to the District be authorized to file.
pursuant to Section 860 et ~ of the Code of Civil Procedure
of the State of California. a validation action with respect
to the validity of the Ordinance authorizinq the levy of the
special tax within the District. and all proceedinqs leadinq
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 AUT~ZING VALIDATION ACTION ~
I HEREBY CERTIFY that the foreqoinq resolution was
2 duly adopted by the Mayor and Common Council of the City of
3 San Bernardino at a reqular rneetinq thereof. held on the 2nd
4 day of July. 1990. by the followinq vote. to wit:
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Council Members:
AYES
J!An
ABSTAIN
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7 ESTRADA
8 REILLY
9 FLORES
10 MAUDSLEY
II MINOR
12 POPE-LUDLUM
13 MILLER
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City Clerk
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17 The foreqoinq resolution i8 hereby approved this
18 _ day of July. 1990.
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W.R. Holcomb. Mayor
City of San Bernardino
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23 Approved a8 to form
and leqal content:
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JAMES F. PENMAN.
City Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO
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ORDINANCE OF THE CITY OF SAN BERNARDINO.
STATE OF CALIFORNIA. AUTHORIZING
THE LEVY OF A SPECIAL TAX WITHIN
COMMUNITY FACILITIES DISTRICT NO. 995
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WHEREAS. on Apr1l 16. 1990. the Common Counc1l of
the C1ty of San Bernard1no. State of Ca11forn1a (the "Common
Counc1l"). adopted Resolut10n No. 90-140 stat1nq 1ts 1ntent10n
to form Commun1ty Fac1l1t1es D1str1ct No. 995 of the C1ty of
San Bernard1no. State of Ca11forn1a (the "D1str1ct") pursuant
to Chapter 2.5 of Part 1 of D1v1s10n 2 of T1tle 5 (commenc1nq
w1th Sect10n 53311) of the Ca11forn1a Government Code,
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commonly known as the "Mello-Roos Commun1ty Fac1l1t1es Act of
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1982" (the Act")r and
WHEREAS, on Apr1l 16, 1990. the Common Counc1l also
adopted Resolut10n No. 90-136 stat1nq 1ts 1ntent10n to 1ncur
bonded 1ndebtedness 1n an amount not to exceed $11,000,000
w1th1n the D1str1ct for the purpose of f1nanc1nq all or a
port10n of the Verdemont Area 1nfrastructure development fee.
represent1nq the acqu1s1t10n, construct10n and 1nstallat10n of
full-w1dth street 1mprovements, 1nclud1nq full-w1dth pav1nq,
curbs and qutters, s1dewalks, street l1qhts, sewer ma1ns,
storm dra1ns, catch bas1ns, toqether w1th aux111ary structures
and appurtenances and 1nclud1nq the acqu1s1t10n of all
necessary easements and r1qhts-of-way. and school fac1l1t1es
and all other expenses 1nc1dental thereto, all as more fully
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ORDINANCE AUTH01ltZING LEVY OF SPECIAL TAX ~
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described in Resolution No. 90-136 (the "Facilities") to serve
the area within the District; and
WHEREAS. notice was published as required by law
relative to the intention of the Common Council to form the
proposed District and to incur bonded indebtedness in an
amount not to exceed $11.000.000 within the boundaries of the
District: and
WHEREAS. on June 4. 1990. the Common Council held a
noticed public hearinq as required by law to determine whether
it should proceed with the formation of the District and
authorize the rate and method of apportionment of a special
tax to be levied within the District for the purpose of payinq
for the Facilities and the costs associated with the bonds
proposed to be issued to finance the Facilities. includinq the
principal of and interest on the proposed bonds; and
WHEREAS. at said hearinq all persons desirinq to be
heard on all matters pertaininq to the formation of the
District and the levy of the special tax were heard and a full
and fair hearinq was held: and
WHEREAS. on June 18. 1990 the Common Council adopted
Resolution No. 90-247 which established the District.
determined the validity of prior proceedinqs relative to the
formation of the District and the incurrinq of bonded
indebtedness. authorized the levy of a special tax within the
District. and called an election within the District for
June 26. 1990. on the propositions of incurrinq bonded
indebtedness. levYinq a special tax and estab1ishinq an
appropriations limit within the District; and
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ORDINANCE AUTHOIZING LEVY OF SPECIAL TAX 0
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WHEREAS. on June 18. 1990 the Common Council adopted
Resolution No. 90-248 which determined the necessity of
incurrinq bonded indebtedness in an amount not to
exceed $11.000.000: and
WHEREAS. on June 26. 1990. an election was held
within the District in which the qualified electors approved
by more than a two-thirds vote the propositions of incurrinq
bonded indebtedness. levyinq a special tax and establishinq an
appropriations limit within the District:
NOW. THEREFORE. THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are all true and
correct and this Common Council so finds and determines.
SECTION 2. By the passaqe of this ordinance. the
Common Council authorizes the levy of a special tax pursuant
to the rate and method of apportionment set forth in
Exhibit "A" attached hereto and incorporated by reference
herein.
SECTION 3. The Common Council is hereby further
authorized each year by Resolution to determine the specific
special tax rate and amount to be levied for the next fiscal
year. except that the special tax rate to be levied shall not
exceed that set forth in Exhibit "A" hereto. but the special
tax may be levied at a lower rate.
SECTION 4. Properties or entities of the state.
federal or other local qovernments shall. except as provided
in Sections 53317.3. 53317.5. and 53340.1 of the Act. be
exempt from the above-referenced and approved special tax.
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ORDINANCE AUTH<trING LEVY OF SPECIAL TAX .
SECTION 5. All of the collections of the special
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tax shall be used as provided for in the Act and Resolution
No. 90-247. The special tax shall be levied only so long as
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needed for its purpose as described in Resolution No. 90-247.
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SECTION 6. The above authorized special tax shall
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be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be sUbject to the same
penalties and the same procedure, sale and lien priority in
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case of delinquency as is provided for ad valorem taxes, as
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such procedure may be modified by law or by the Common Council
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from time to time.
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SECTION 7. As a cumulative remedy, if any amount
levied pursuant hereto as a special tax for payment of bond
interest or principal together with any penalties and other
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charges accruing under this ordinance are not paid when due,
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the Common Council may, not later than four years after the
due date of the last installment of principal, order that the
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same be collected by an action brought in the superior court
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to foreclose any lien therefor.
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SECTION 8. The Mayor shall sign and the City Clerk
shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published and posted pursuant
to the provisions of law in that regard and this Ordinance
shall take effect all as provided in the Municipal Code of the
City.
SECTION 9. This ordinance shall not be codified.
SECTION 10. The City Clerk'of the City of San
Bernardino is hereby directed to publish this ordinance once
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ORDINANCE AUTH9IIfING LEVY OF SPECIAL TAX ...
within fifteen (15) days following its adoption in The Sun, a
general circulation published in the City of San
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2 newspaper of
3 Bernardino.
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