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HomeMy WebLinkAbout56-Public Works . . 2 3 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 4 5 6 7 8 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 9 10 II 12 13 in the District on June 26. 1990. by the landowners of the District upon the proposition hereinafter set forth. ~ndhas 14 certified to the Common Council of the City of San Bernardino 15 (the "Common Council") the result of the votes cast at such 16 election upon said proposition. which said Certification of 17 18 the Election Official lthe "Certification") is attached hereto as Exhibit A: 19 NOW THEREFORE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 20 21 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 22 23 24 follows: 25 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 26 27 28 6/20/90 2279c5 56 RESOLUTION DET~NING RESULT OF SPECIAL ELtltTION 2 3 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 4 5 6 7 8 9 10 II 12 13 14 15 16 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) 17 18 19 20 21 22 23 of all the votes cast at such special election were cast in favor of such proposition. and such proposition passed. 24 SECTION 4. The Common Council further finds and determines that the facilities to be financed by the District. 25 26 27 28 includinq the infrastructure development fee. are necessary to meet increased demand placed upon the City and other local /11 6/20/90 2 2279c5 RESOLUTION DETE~NING RESULT OF SPECIAL ELtlPTION 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 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. III III III III III III (II III III III III III III III III III III III III III 6/20/90 3 2279c5 ., 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 3 San Bernardino at a meetinq thereof, held on the 4 2nd day of July, 1990. by the followinq vote, to wit: 5 Council Members: ~ NAYS ABSTAIN 6 ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLUM MILLER 7 8 9 10 II 12 13 14 15 City Clerk 16 The foreqoinq resolution is hereby approved this ____ day of July, 1990. 17 18 19 20 21 22 W.R. Holcomb. Mayor City of San Bernardino Approved as to form and leqal content: 23 24 JAMES F. PENMAN. City Attorney 26 By M.u_'~~~~J 277~ 25 28 6/20/90 4 2279c5 . RESOLUTION DET~NING RESULT OF SPECIAL EL~TION 2 3 Exhibit A CERTIFICATE OF CITY CLERK AS ELECTION OFFICIAL 4 State of California ) ) City of San Bernardino) ss. 5 6 7 8 9 10 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. II 12 13 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. 14 15 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. 16 17 18 19 20 21 22 23 24 25 26 27 28 " . RESOLUTION DETE~NING RESULT OF SPECIAL EL~ION 2 3 4 5 6 7 8 9 Dated. 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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? xu BQ TOTAL VOTES CAST 2.ll1. ....n. June 27. 1990 ~~~/ City C1erk as Election Official . . o 2 3 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 4 5 6 7 8 9 WHEREAS, the Common Council (the "Common Council") of the City of San Bernardino. (the "City") has heretofore on 10 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 II 12 13 14 15 16 17 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 18 Government Code of the State of California: and 19 WHEREAS. the Common Council of the City has w 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 21 II n ~ ~ u V ~ 6/20/90 2277c5 . RESOLUTION AUTH~ZING VALIDATION ACTION ~ 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. 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. III III III II/ III III III III III 6/20/90 2 2277c5 . 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: 5 Council Members: AYES J!An ABSTAIN 6 7 ESTRADA 8 REILLY 9 FLORES 10 MAUDSLEY II MINOR 12 POPE-LUDLUM 13 MILLER 14 15 City Clerk 16 17 The foreqoinq resolution i8 hereby approved this 18 _ day of July. 1990. 19 20 21 W.R. Holcomb. Mayor City of San Bernardino 22 23 Approved a8 to form and leqal content: 24 25 26 JAMES F. PENMAN. City Attorney ~t1~) 6/20/90 3 2277c5 27 28 .. . o 2 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO 3 ORDINANCE OF THE CITY OF SAN BERNARDINO. STATE OF CALIFORNIA. AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 995 4 5 6 7 8 9 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, 10 II 12 13 commonly known as the "Mello-Roos Commun1ty Fac1l1t1es Act of 14 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III III 6/20/90 2278c . ORDINANCE AUTH01ltZING LEVY OF SPECIAL TAX ~ 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 W 21 II n ~ 25 U V ~ 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 6/20/90 2 2278c5 ~ ORDINANCE AUTHOIZING LEVY OF SPECIAL TAX 0 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 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. 6/20/90 3 2278c5 ~- ... 2-4 25 26 27 28 ORDINANCE AUTH<trING LEVY OF SPECIAL TAX . SECTION 5. All of the collections of the special 2 3 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 -4 needed for its purpose as described in Resolution No. 90-247. 5 SECTION 6. The above authorized special tax shall 6 7 8 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 9 case of delinquency as is provided for ad valorem taxes, as 10 such procedure may be modified by law or by the Common Council II from time to time. 12 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 13 1-4 15 charges accruing under this ordinance are not paid when due, 16 the Common Council may, not later than four years after the due date of the last installment of principal, order that the 17 18 same be collected by an action brought in the superior court 19 to foreclose any lien therefor. 20 21 22 23 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 6120/90 4 2278c5 /1. _ /. . 7: /:;~ L1.o 4V.A_ tt:!A~ - .$ C"7 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 .,,,.. - 2 newspaper of 3 Bernardino. 4 III 5 III 6 III 7 III 8 III 9 III 10 III 1/ III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 6/20/90 5 2278c5