HomeMy WebLinkAbout00-191 - Resolutions RESOLUTION NO. 00-191
RESOLUTION DECLARING NECESSITY TO INCUR A BONDED
INDEBTEDNESS, SUBMITTING TO THE QUALIFIED
ELECTORS OF COMMUNITY FACILITIES DISTRICT NO. 2000-
03 (RANCHO SUMMIT) A PROPOSITION TO INCUR A
BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX
LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN
COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO
SUMMIT) AND A PROPOSITION TO ESTABLISH AN
APPROPRIATIONS LIMIT FOR SUCH DISTRICT, AND GIVING
NOTICE THEREON
WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA (the
"City Council'), has previously declared its intention and held and conducted a public hearing
relating to the issuance of bonds to be secured by special taxes to pay for the acquisition of
certain public facilities in a community facilities district, as authorized pursuant to the terms and
provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1,
Division 2, Title 5 of the Government Code of the State of California (the "Act'). This
Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES
DISTRICT NO. 2000-03 (RANCHO SUMMIT) (the "District'); and,
WHEREAS, at this time the City Council desires to proceed to make the
determination of necessity to incur the bonded indebtedness, to declare the purpose for such
debt, and to authorize the submittal of a combined proposition to the qualified electors of such
District, being the landowners of the proposed District, all as authorized and required by law;
WHEREAS, all of the qualified electors have waived the time limits specified in
the Act pertaining to the conduct of the election and the requirements for impartial legal
arguments have also been waived by the unanimous consent of the qualified electors; and
WHEREAS, the City Clerk, as the Election Official, has concurred in the
shortening of time for conducting the election.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1: RECITALS.
The above recitals are all true and correct.
SECTION 2: NECESSITY FOR BOND ISSUE.
The City Council hereby expressly declares and states that it
is necessary to incur a bonded indebtedness as authorize
under the terms and provisions of the Act, in order to finance
the public facilities described in Exhibit A attached hereto and
incorporate herein by this reference.
SECTION 3: PURPOSE OF BONDED INDEBTEDNESS.
The purpose for the proposed bonded indebtedness is
generally described as follows:
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To finance the construction, expansion, rehabilitation or
purchase of certain public facilities consisting of the types of
facilities described in Exhibit A hereto; and appurtenances and
appurtenant work and incidental costs as authorized pursuant
to Government Code Section 53345.3. For a further
description of such facilities, reference is made to the
Community Facilities District Report (the 'Report") of
Willdan/MuniFinancial, the special tax consultant, previously
approved by this City Council, a copy of which is on file in the
Office of the City Clerk.
SECTION 4: TERRITORY TO PAY FOR BONDED INDEBTEDNESS.
This City Council determines that the whole of the District will
pay for the above-referenced bonded indebtedness. A general
description of the District is as follows:
All property within the boundaries of COMMUNITY
FACILITIES DISTRICT NO. 2000-03 (RANCHO
SUMMIT), as shown on a map as previously approved
by the City Council, such map designated by the name
of this District, a copy of which is on file in the Office of
the City Clerk.
SECTION 5: BOND AMOUNT.
The amount of the proposed bonded indebtedness, including
the cost of the facilities, together with all incidental expenses,
shall not exceed $3,000,000.
SECTION 6: BOND TERM.
This City Council hereby further determines that the maximum
term of bonds and/or any series shall not exceed forty (40)
years, and such bonds may be issued in differing series, at
differing times. The maximum rate of interest to be paid on
such bonds may not exceed the greater of either twelve
percent (12%) per annum or the maximum rate permitted by
law at the time of sale of any of such bonds. The bonds,
except where other funds are made available, shall be paid
exclusively from the annual levy of the special tax, and are not
secured by any other taxing power or funds of the District or
the City.
SECTION 7: ELECTION.
The proposition related to the incurring of the bonded
indebtedness shall be consolidated with the proposition
relating to the levy of the special tax, shall be combined into
one ballot proposition, and shall be submitted to the qualified
voters, together with a ballot proposition to establish an
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appropriations limit for the District, at a special election to be
held on the 11th day of October, 2000, and such election shall
be a special mailed ballot election to be conducted by the City
Clerk (the "Election Official"). If the combined proposition for
the levy of the special tax and the incurring of the bonded
indebtedness receive the approval of more than two-thirds
(2/3) of the votes cast on the proposition, bonds may be
authorized, issued and sold for the purposes set forth herein
and the special tax may be levied as provided in the
Resolution of Formation.
SECTION 8: BALLOT.
The ballot proposal to be submitted to the qualified voters at
the election shall generally be as follows:
PROPOSITION A
Shall the CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2000-03
(RANCHO SUMMIT), County of San Bernardino, 1)
incur a bonded indebtedness in an amount not to
exceed $3,000,000 to pay for authorized public
facilities pursuant to the special tax formula set forth in
Resolution No. , 2) levy a special tax to secure
such bonded indebtedness, pay directly for such
public facilities, replenish any reserve fund, pay costs
of administering such bonds and such district and pay
for the certain public services?
PROPOSITION B
Shall the CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2000-03
(RANCHO SUMMIT) establish an Article XIIIB
appropriations limit equal to $3,000,000?
SECTION 9: VOTE.
The appropriate mark placed in the voting square after the
word "YES' shall be counted in favor of the adoption of the
proposition, and the appropriate mark placed in the voting
square after the word "NO" in the manner as authorized, shall
be counted against the adoption of such proposition.
SECTION 10: ELECTION PROCEDURE.
The Election Official is hereby authorized to take any and all
steps necessary for the holding of such election. The Election
Official shall perform and render all services and proceedings
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incidental to and connected with the conduct of the election,
which services shall include, but not be limited to, the following
activities as are appropriate to the election:
A. Prepare and furnish to the election officers
necessary election supplies for the conduct of the
election.
B. Cause to be printed the requisite number of official
ballots, tally sheets and other necessary forms.
C. Furnish and address official ballots for the qualified
electors of the District.
D. Cause the official ballots to be delivered to the
qualified electors or their authorized
representatives, as required by law.
E. Receive the returns of the election and supplies.
F. Sort and assemble the election material and
supplies in preparation for the canvassing of the
returns.
G. Canvass the returns of the election.
H. Furnish a tabulation of the number of votes given in
the election.
I. Make all arrangements and take the necessary
steps to pay all costs of the election incurred as
result of services performed by the District and pay
costs and expenses of all election officials.
J. Conduct and handle all other matters relating to the
proceedings and conduct of the election in the
manner and form as required by law.
PASSED, APPROVED, AND ADOPTED this 20`h day of September 2000.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Alex der, Mayor
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ATTEST:
Deb a . Adams, C, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 201h day of September 2000.
Executed this 215`day of September, at Rancho Cucamonga, California.
" �;= aze��
Debra J. Adams, CW, City Clerk
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EXHIBIT "A"
DESCRIPTION OF TYPES OF FACILITIES
Park improvements to three (3) parks to be located
within the District Including cleaning and grading of
such park sites, park hardscape and restrooms;
street improvements; and parkway hardscape.