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CI~~ OF SAN BErliiARDINOj( REQUEST~O~e CO~~~loL
ACTION
From: ROGER G. HARDGRAVE, Director
Su~e~: 10:00 a.m. -- continued Protest
Hearing, Resolution Establishing
CFD No. 995, Resolution Declaring
Necessity to Incur Bonded
Indebtedness.
Dept: Public Works/Engineering
Date: May 14, 1990
Synopsis of Previous Council action:
4/16/90--Adopted Resolution No. 90-140 declaring the City's
intention to establish the District, adopted Resolution
No. 90-136 declaring the City's intention to issue bonds
secured by a special tax.
5/21/90--Held protest hearing as scheduled and continued protest
hearing until 6/4/90.
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Recommended motion:
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1. That the hearing be closed and that all protests are overrul~d.
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2. Adopt resolutions.
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cc: Marshall Julian, City Administrator
Andrew Green, Director of Finance
Jim Penman, City Attorney
Conta~ person: Verne Nadeau
Phone:
384-5026
Supporting data attached: Staf f Report, Map
Ward:
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FUNDING REQUIREMENTS:
Amount: $ .9.214.6l>ij
Source: (Acct. No.) 251-673 -53925
(Acct. DescriPtion) Assess. Distr. 995 -- Ver"..mont
C~unity Facilities District (U ~
Finance: ~ ... I J....}N---
Council Notes:
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. '.CITY OF SAN BER~RDINO - REQUEST ~R COUNCIL ACTION
STAFF REPORT
This action is necessary to the establishment of "City of San
Bernardino Community Facilities District No. 995 (Verdemont Area)".
After the protest hearing has concluded, these two resolutions
should be adopted in order to set the special election,
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The purpose of 'the action is to establish the District, subsequent
to the protest hearing, to declare the necessity for issuing bonds,
and to call an election within the District on the questions of
levying the special tax, incurring a bonded indebtedness of
$11,000,000, and setting an appropriations limit of $1,100,000
per fiscal year.
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FILED AT REQUEST OF CITY Cl..ERK
I HEREBY CER"'" 'tHAT '!HE ..... MAP SHQWIM; 1HE IOIJNOAIIES OF
lHE CClMMUNI'TY FAaJ1IES Df51RICT NO. It5 (If 1HE QTY rs
SAN IERNMOIitQ. stAn: OF CM.FORNIA. WAS NIfIRO\1D BY K aTY
COJNCIL. AT A ftEGU.M MEnNC '1tOEOP'. HElD CIN 'tHE DAY
OF' ,1111D. In' 115 R!SCLU'TK14 NO.
aTY .....
ern' (6 SAN 8EJlINNIDIIO
14404 CCINCORDIA HOlIES
2 ''''93 MCNNG DnELOPWDlT, ItC.
3 14210 a 14211 MQNHlC DE\lE1lIPMENT. we:.
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'3307
Mc<UUNl DMLDPODT
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Mc<UUNl DMl.OPIEJIT
_.. INDUSl1IIES
7 12751 a 13172 EItMM INDUSTWIES
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO
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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
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9 WHEREAS, the Common Council (the "Common Council")
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 "Mello-Roos Community
16 Facilities Act of 1982" (the "Act"), being Chapter 2.5, Part
17 I, 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 the acquisition, construction and
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RESOLUTION DEC~ING NECESSITY TO INCUR B~ED INDEBTEDNESS
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installation of full-width street improvements, including
full-width paving, curbs and gutters, sidewalks, street
lights, sewer mains, storm drains, catch basins, water mains
and public utilities, together with auxiliary structures and
appurtenances and including the acquisition of all necessary
easements and rights-of-way to serve the development within
the Verdemont Area of the City of San Bernardino, including
any capacity or connection fees representing such public
facilities (the MFacilitiesM) within the Community Facilities
District, such bonded indebtedness to 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, 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
furnishing 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
WHEREAS, pursuant to said Resolution No. 90-136, a
public hearing was held by the Common Council on May 21, 1990,
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RESOLUTION DEC~~ING NECESSITY TO INCUR B~)ED INDEBTEDNESS
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at which hearing any persons interested, including all
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 (i) the acquisition, construction,
expansion and rehabilitation of the Facilities, including
incidental expenses consisting of the costs of planning and
designing the Facilities, including the costs of environmental
evaluations thereof, (ii) all costs associated with the
establishment of the Community Facilities District, the
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RESOLUTION DEC~ING NECESSITY TO INCUR B~ED INDEBTEDNESS
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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
Faci 1i ties.
Section 4. The whole of the territory within the
Community Facilities District 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.
Section 8. The Common Council hereby declares that
the proposition of incurring such bonded indebtedness shall be
submitted to the qualified electors within the Community
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RESOLUTION DECLONG NECESSITY TO INCUR BO!, }D INDEBTEDNESS
Facilities District and shall be combined in one ballot
2 proposition with the question of levying a special tax within
3 the Community Facilities District and the establishment of an
4 appropriations limit in the amount of $1,100,000 per fiscal
5 year in connection therewith, all in accordance with and
6 subject to the Act, all the terms of which shall be applicable
7 to such election.
8 Section 9. An election shall be and is hereby
9 called and ordered to be held in the Community Facilities
10 District on Monday, June 18, 1990, at which election there
II shall be submitted to the qualified electors within the
12 Community Facilities District the combined ballot proposition
13 of levying a special tax, of establishing an appropriations
14 limit and of incurring such bonded indebtedness, such combined
15 ballot proposition to read substantially as set forth in
16 Exhibit A hereto, with such changes therein as shall be
17 requested by the City Clerk as the designated election
18 official of the Community Facilities District.
19 Section 10. If the combined proposition for the
20 levying of such special tax, the establishing of such
21 appropriations limit and the incurring of such bonded
22 indebtedness receives the approval of more than two-thirds
23 (2/3) of the votes cast on the proposition, the bonds may be
24 issued and sold for the purpose for which authorized, and the
25 bonds (except where funds are otherwise available) shall be
26 paid exclusively from the annual levy of such special tax and
27 are not and shall not be secured by any other taxing power or
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RESOLUTION DECOING NECESSITY TO INCUR Bc...)ED INDEBTEDNESS
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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 mailed
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
of the special election herein provided for shall be qualified
to vote upon the measure submitted at said special election.
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RESOLUTION DECJ:JING NECESSITY TO INCUR BO~D INDEBTEDNESS
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(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
receipt of the certificate from the City Clerk, and shall
cause to be spread upon its minutes a statement of the results
of said special election as ascertained by said canvass.
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RESOLUTION DEoC)RING NECESSITY TO INCUR B~ED INDEBTEDNESS
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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meeting thereof, held on the
San Bernardino at a
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, 1990, by the following vote, to wit:
_ day of
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ABSTAIN
Council Members:
AnS.
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ESTRADA
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REILLY
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FLORES
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MAUDSLEY
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MINOR
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POPE-LUDLAM
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MILLER
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City Clerk
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The foregoing resolution is hereby approved this
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, 1990.
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W. R. Holcomb, Mayor
City of San Bernardino
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Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
By: L 7-~
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RESOLUTION DEC~ING NECESSITY TO INCUR B~D INDEBTEDNESS
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05/08/90
EXHIBIT A
PROPOSITION XXX: Shall City of San Bernardino
Community Facilities District
No. 995 (Verdemont Area) be
authorized to finance all or a
portion of the acquisition,
construction and installation of certain public
facilities, including full-width street
improvements, including full-width paving, curbs and
gutters, sidewalks, street lights, sewer mains,
storm drains, catch basins, water mains and public
utilities, together with auxiliary structures and
appurtenances and including the acquisition of all
necessary easements and rights-of-way to serve the
development within the Verdemont Area of the City of
San Bernardino, including any capacity or connection
fees representing such public facilities, 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. 90-140
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, 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?
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO
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A RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING COMMUNITY FACILITIES DISTRICT
NO. 995 (VERDEMONT AREA), PROVIDING FOR A
SPECIAL TAX TO PAY FOR CERTAIN PUBLIC
FACILITIES WITHIN SUCH COMMUNITY FACILITIES
DISTRICT AND CALLING A SPECIAL ELECTION TO
SUBMIT TO THE QUALIFIED ELECTORS WITHIN SUCH
COMMUNITY FACILITIES DISTRICT THE QUESTION OF
LEVYING SUCH SPECIAL TAX
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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
April 16, 1990, duly adopted Resolution No. 90-140 declaring
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its intention to establish a community facilities district
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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 calling a
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public hearing on the question of the establishment of such
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community facilities district, which such community facilities
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district was designated as "City of San Bernardino Community
Facilities District No. 995 (Verdemont Area)" (the "Community
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Facilities District"); and
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WHEREAS, prior to the time for such hearing, in
accordance with said Resolution No. 90-140, a report on such
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proposal prepared by, or at the request of, the City
Administrator of the City entitled "Public Report for
Community Facilities District No. 995 (Verdemont Area) for the
City of San Bernardino" and dated May 21, 1990 (the "Public
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RESOLUTION EST~ISHING CFD 995
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Report"), was filed with the Common Council of the City, and
such report was filed with the City Clerk of the City and made
a part of the record of the hearing on said Resolution
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No. 90-140; and
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WHEREAS, pursuant to said Resolution No. 90-140, a
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public hearing was convened by the Common Council of the City
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on May 21, 1990, at the hour of 10:00 o'clock a.m., or as soon
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thereafter as the matter could be heard, at the regular
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meeting place of the Common Council, 300 North "D" Street, San
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Bernardino, California 92418, at which hearing the Common
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Council considered the establishment of the Community
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Facilities District, the proposed rate and method of
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apportionment of a special tax therein, the proposed
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appropriations limit therefor and all other matters as set
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forth in said Resolution No. 90-140, and at the
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above-mentioned time and place for such public hearing, all
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persons interested, including all taxpayers, property owners
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and registered voters within the Community Facilities
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District, were given an opportunity to appear and be heard,
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and the testimony of all interested persons or taxpayers for
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or against the establishment of the Community Facilities
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District and the levy of such special tax, or the extent of
the Community Facilities District, or the acquisition,
construction and installation of certain public facilities,
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including full-width street improvements, including full-width
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paving, curbs and gutters, sidewalks, street lights, sewer
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mains, storm drains, catch basins, water mains and public
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utilities, together with auxiliary structures and
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RESOLUTION ESTA(:aSHING CFD 995
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appurtenances and including the acquisition of all necessary
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easements and rights-of-way to serve the development within
the Verdemont Area of the City of San Bernardino, including
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any capacity or connection fees representing such public
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facilities (the "Facilities"), or the establishment of an
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appropriations limit therefor, or any other matters set forth
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in said Resolution No. 90-140, was heard and considered, and
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the Common Council at the conclusion of said hearing was fully
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advised in the premises, and was authorized to proceed as
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hereinafter provided; and
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WHEREAS, on the basis of all of the foregoing, the
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Common Council has determined at this time to proceed with the
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establishment of the Community Facilities District as provided
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by said Resolution No. 90-140 and to submit to the qualified
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electors of the Community Facilities District the proposition
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in substantially the form attached hereto as Exhibit A, in a
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duly called election, to authorize the levy of a special tax
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pursuant to the Rate and Method of Apportionment of Special
Tax as set forth in Exhibit C to Resolution No. 90-140, to pay
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for the acquisition, construction and installation of the
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Facilities proposed to be provided for the Community
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Facilities District as described in Exhibit B to Resolution
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No. 90-140;
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
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COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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Section 1. All of the above recitals are true and
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correct.
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RESOLUTION ESTA!:)SHING CFD 995
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Section 2. The Common Council hereby approves and
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adopts said Resolution No. 90-140, including the description
of Facilities and the Rate and Method of Apportionment of
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Special Tax and of the manner of collection of the special tax
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attached thereto as Exhibits Band C, respectively, as
published prior to the public hearing as required by law, and
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reconfirms all of its findings and determinations contained
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therein, and the Common Council also approves the boundaries
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of the District as revised to eliminate Tract No. 13603 and
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more particularly described in the map of the Community
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Facilities District attached hereto as Exhibit B, and the
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special tax in and for the Community Facilities District shall
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be as set forth in said Resolution No. 90-140, and the
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boundaries of the Community Facilities District shall be as
set forth in Exhibit B, attached hereto and incorporated
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herein and made a part hereof.
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Section 3. The Common Council finds and determines
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that written protests to the establishment of the Community
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Facilities District, or the extent thereof, or the
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acquisition, construction and installation of the Facilities,
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or the levy of the special tax proposed to be levied in the
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Community Facilities District, are insufficient in number and
in amount under the Act, and the Common Council hereby further
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orders and determines that all protests to the establishment
of the Community Facilities District, or the extent thereof,
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or the acquisition, construction and installation of the
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Facilities, or the establishment of an appropriations limit,
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RESOLUTION ESTAc:lSHING CFD 995
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or the levy of the special tax proposed to be levied in the
Community Facilities District, are hereby overruled and denied.
Section 4. Consistent with Section 53325.6 of the
Act, the Common Council finds and determines that the land
within the Community Facilities District, if any, devoted
primarily to agricultural, timber or livestock uses and being
used for the commercial production of agricultural, timber or
livestock products will be benefited by the Facilities
proposed to be provided within the Community Facilities
District.
section 5. The Common Council finds and determines
that all prior proceedings had and taken by the Common Council
with respect to the formation of the Community Facilities
District are valid and in conformity with the requirements of
the Act, and the Common Council determines to proceed to
establish the Community Facilities District. Accordingly, the
Common Council finds, determines and orders that, consistent
with said Resolution No. 90-140, the Community Facilities
District is hereby formed under and pursuant to the terms and
provisions of the Act, the boundaries of which are as set
forth on a map thereof filed with the City Clerk and in the
Office of the County Recorder of the County of San Bernardino
pursuant to Section 3 of Resolution No. 90-140.
Section 6. A general description of the Facilities
which the Common Council is authorized by law to acquire or
construct within the Community Facilities District, which are
the Facilities to be acquired, constructed and installed by
the Community Facilities District under the Act in these
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RESOLUTION ESTAc:tSHING CFD 995
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proceedings, is set forth in Exhibit B to Resolution
2 No. 90-140, and the Common Council hereby finds and determines
3 that such Facilities are necessary to meet present or
4 increased demand placed upon the City as a result of existing
5 or projected development within the Community Facilities
6 District.
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Section 7. The office which will be responsible for
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preparing annually a current roll of special tax levy
obligations by assessor's parcel number and which will be
responsible for estimating future special tax levies pursuant
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to Section 53340.2 of the Act is the Office of the City
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Treasurer, which is further directed to establish procedures
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to promptly respond to inquiries concerning current and future
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tax liability.
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Section 8. Except where funds are otherwise
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available, a special tax sufficient to pay for all the
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Facilities, secured by recordation of a continuing lien
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against all non-exempt real property in the Community
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Facilities District, including the payment of interest on and
principal of bonds proposed to be issued to finance the
Facilities and including the repayment of funds advanced to or
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on behalf of the Community Facilities District, annual
administration expenses of the City and the Community
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Facilities District in determining, apportioning, levying and
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collecting such taxes, will be levied annually within the
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boundaries of the Community Facilities District.
For
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particulars as to the Rate and Method of Apportionment of the
Special Tax and the manner of collection of the special tax,
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RESOLUTION ESTAC:rSHING CFD 995
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reference is made to Exhibit C of Resolution No. 90-140 which
sets forth the rate and method of apportionment and the manner
of collection of such special tax in sufficient detail to
allow each landowner or resident within the Community
Facilities District to estimate the maximum amount that such
person will have to pay for the Facilities.
Section 9. Upon recordation of a notice of special
tax lien pursuant to Section 3114.5 of the Streets and
Highways Code, a continuing lien to secure each levy of the
special tax shall attach to all non-exempt real property in
the Community Facilities District and this lien shall continue
in force and effect until the special tax obligation is
cancelled in accordance with law or until collection of the
tax by the Common Council ceases in accordance with the Rate
and Method of Apportionment of such special tax.
Section 10. Pursuant to Section 3111 of the Streets
and Highways Code, the boundary map of the Community
Facilities District has been recorded in Book 58, page 43, in
the Book of Maps of Assessment Districts and Community
Facilities Districts in the County Recorder's Office of the
County of San Bernardino.
Section 11. Since there are fewer t~an 12
registered voters within the Community Facilities District,
the levy of the special tax and the establishment of the
appropriations limitation shall be submitted to the
landowners, as the qualified electors of the Community
Facilities District, with each acre or portion thereof within
an ownership representing one (1) vote. The requirements of
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RESOLUTION ESTA~SHING CFD 995
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Section 53326 of the Act pertaining to the shortening of time
2
and the requirement for notice having been waived by each
3
landowner, the ballots for the special election shall be
4
distributed by personal or mailed delivery to each of the
5
landowners within the Community Facilities District. Each
6
landowner shall have one vote for each acre or portion thereof
7
that he, she or it owns within the Community Facilities
8
District, as provided in Section 53326 of the Act.
section 12. The City Clerk shall provide certified
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10
copies of this resolution, a description and map of the
II
Community Facilities District of sufficient scale and clarity
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to show the boundaries thereof and the Assessor's parcel
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numbers for the land therein to the official conducting the
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election within three business days after the adoption of this
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resolution.
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Section 13. The City Clerk of the City is hereby
designated as the election official for the purposes of
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conducting the election in the Community Facilities District
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and is hereby requested to take all steps necessary to hold
20
the election in accordance with the Act and these
21
specifications.
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Section 14. The Common Council hereby submits the
23
question of levying such special tax and the establishment of
an appropriations limit in the amount of $1,100,000 per fiscal
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year in connection therewith for the Community Facilities
26
District to the qualified electors within the Community
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Facilities District, at an election to be held on Monday,
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RESOLUTION ESTA~SHING CFD 995
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June 18, 1990, all in accordance with and subject to the Act,
all the terms of which shall be applicable to such election.
Section 15. The Common Council hereby further
directs that the election at which the question of levying
such special tax and the establishment of an appropriations
limit in the amount of $1,100,000 per fiscal year in
connection therewith is submitted to the qualified electors
within the Community Facilities District shall be consolidated
with the election at which the question of incurring a bonded
indebtedness in an amount not to exceed eleven million dollars
($11,000,000) for the Community Facilities District is
submitted to the qualified electors within the Community
Facilities District, and the question of levying such special
tax shall be combined in one ballot proposition with the
question of incurring such bonded indebtedness and the
question of establishing an appropriations limit for the
Community Facilities District, all as provided by the Act; and
the Common Council further directs that the resolution adopted
by the Common Council declaring the necessity to incur such
bonded indebtedness shall constitute the notice of the
consolidated election on the combined proposition of
authorizing the levy of such special tax, of establishing an
appropriations limit and of incurring such bonded indebtedness.
Section 16. The City Clerk as the election official
is authorized to canvass the returns of the election pursuant
to Section 23306 of the Elections Code, and the Common Council
is thereafter authorized to certify the results of the
election at the next regular meeting.
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Section 17. If two-thirds (2/3) of the votes cast
upon the question of levying such special tax are cast in
favor of levying that tax, as determined by the Common Council
after the canvass of the returns of such consolidated
election, the Common Council may levy such special tax within
the territory of the Community Facilities District under the
Act in the amount and for the purposes as specified in this
resolution. Such special tax may be levied only at the rate
and may be apportioned only in the manner specified in this
resolution, subject to the Act, except that such special tax
may be levied at a rate lower than that specified herein.
Such special tax may be levied only so long as it is needed to
pay for the acquisition, construction and installation of the
Facilities referred to in Section 6 of this resolution, or so
long as it is needed to pay the principal of and interest on
the bonded indebtedness, together with administrative expenses
and other expenses of the Community Facilities District,
by the City and the Community Facilities District.
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incurred
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/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
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RESOLUTION ESTAC:tSHING CFD 995
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
meeting thereof, held on
4 the
5 to wit:
day of
, 1990, by the following vote,
6
7 Council Members:
AYES
NAYS
ABSTAIN
8 ESTRADA
9 REILLY
10 FLORES
II MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
16
17
City Clerk
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19
The foregoing resolution is hereby approved this
20
day of
, 1990.
21
22
W.R. Holcomb, Mayor
23 City of San Bernardino
24 Approved as to form
and legal content:
25
James F. Penman
26 City Attorney
28
Ck f)
By .~7.t~
{J
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RESOLUTION ESTA<:}SHING CFD 995
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05/11/90
EXHIBIT A
PROPOSITION XXX: Shall City of San Bernardino
Community Facilities District
No. 995 (Verdemont Area) be
authorized to finance all or a
portion of the acquisition,
construction and installation of certain public
facilities, including full-width street improvements,
including full-width paving, curbs and gutters,
sidewalks, street lights, sewer mains, storm drains,
catch basins, water mains and public utilities,
together with auxiliary structures and appurtenances
and including the acquisition of all necessary
easements and rights-of-way to serve the development
within the Verdemont Area of the City of San
Bernardino, including any capacity or connection fees
representing such public facilities, 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. 90-140 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, 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?
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. ~ES~LUTION ESTABLISHIN~(FO 995
14404 CONCXlDA HOWES
2 '4'" WQNNG DE'<<LClPIlIDt'T. INC.
.! 14210 Ii 14211 UCINNIC DE\QDIMENT, INC.
.. 135JD Wca.EI..L.AM ~T
.
.
1~
~ IlNI.ClPOENT
BRIMM INDUS1IIIS
7 121M a 13172 ..... INDUS11IIES
.'
-
-
-
995
FILED "T REQUEST OF QTY Q.ERK
I HEREIY CER'nfY lHAT 1HE ..... MAP $HCMINC 1HE ICIJNDMIE5 OIF
1HE CIDIIIMUNI1Y FAaLJ1IES II$1RICT NO. lIS OF' 1M[ QlYCF
SAN I€RNMDINQ, STAlE OF CM.F'QIINA. WAS APIlRCMD BY 'THE cnY
COJNaL. AT A REGU.Nt MI:E1I'IC 1tOEOP'. HELD ~ 'IHE DAY
Of' ,111D. BY 115 ~ NO.
QTY .....
em' CI SAN IIQlIWDIIIO
@
NCIT .... SCAU: