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HomeMy WebLinkAbout03-033 - Resolutions RESOLUTION NO. 03-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01, CERTIFYING THE RESULTS OF THE FEBRUARY 19, 2003 SPECIAL TAX AND BOND ELECTIONS RECITALS: A. The City Council of the City of Rancho Cucamonga called and duly held elections on February 19, 2003 for Improvement Area Nos. 1 and 2 of City of Rancho Cucamonga Facilities District No. 2003-01 (the "District') pursuant to Resolution No. 03-031 and Resolution No. 03-032 for the purpose of presenting to the qualified electors within each Improvement Area of the District the propositions applicable to that Improvement Area which are attached hereto as Exhibits A-1 and A-2 and are incorporated herein. B. There has been presented to this City Council certificates of the City Clerk canvassing the results of the elections, copies of which are attached hereto as Exhibits B-1 and B-2 and are incorporated herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: Recitals. The above recitals are all true and correct. SECTION 2: Election Held for Improvement Area No. 1. That Propositions A and B as set forth in Exhibit A-1 to this Resolution and presented to the qualified electors of Improvement Area No. 1 of the District on February 19, 2003 were approved by more than two-thirds of the votes cast at the election held for Improvement Area No. 1 and Propositions A and B each has carried. The City Council, acting in its capacity as legislative body of the District, is hereby authorized to levy on the land within Improvement Area No. 1 of the District the special tax described in Proposition A for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition A and to issue bonds in an amount not to exceed $16,000,000 as specified in Proposition A. The appropriations limit as specified in Proposition B is hereby established. Resolution No. 03-033 Page 2 of 7 SECTION 3: Election Held for Improvement Area No. 2. That Propositions C and D as set forth in Exhibit A-2 to this Resolution and presented to the qualified electors of Improvement Area No. 2 of the District on February 19, 2003 were approved by more than two-thirds of the votes cast at the election held for Improvement Area No. 2 and Propositions C and D each has carried. The City Council, acting in its capacity as legislative body of the District, is hereby authorized to levy on the land within Improvement Area No. 2 of the District the special tax described in Proposition C for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition C and to issue bonds in an amount not to exceed $4,000,000 as specified in Proposition C. The appropriations limit as specified in Proposition D is hereby established. SECTION 4: Notice of Special Tax Lien. The City Clerk is hereby authorized and directed to record in the Office of the County Recorder of San Bernardino County within fifteen days of the date hereof a notice of special tax lien for each Improvement Area of the District in the form required by Streets and Highways Code Section 3114.5. Please see the following page for formal adoption,certification and signatures Resolution No. 03-033 Page 3 of 7 PASSED, APPROVED, AND ADOPTED this 19'h day of February 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None ccG illiam J. Alex nder, Mayor ATTEST: G95ra J. Ada s MC, 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 19`h day of February 2003. Executed this 20' day of February 2003, at Rancho Cucamonga, California. Ja&c 2L De ra J. Adam C C, City Clerk Resolution No. 03-033 Page 4 of 7 Exhibit A-1 Text of Ballot Propositions Submitted to Electors of Improvement Area No. 1 PROPOSITION A Shall City of Rancho Cucamonga Communities Facility District No. 2003-01 (the "District'), subject to the accountability measures provided for in Resolution Nos. 03-031 and 03-032 of the City Council of the City of Rancho Cucamonga, incur an indebtedness and issue a series of bonds for Improvement Area No. 1 of the District in a maximum aggregate principal amount of $16,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the facilities and incidental expenses described in Resolution Nos. 03-031 and 03-032 of the City Council of the City of Rancho Cucamonga and shall a special tax with a rate and method of apportionment as provided in Resolution Nos. 03-031 and 03-032 of the City Council of the City of Rancho Cucamonga for Improvement Area No. 1 of the District be levied to pay for the facilities, incidental expenses and other purposes described in Resolution Nos. 03-031 and 03-032, including the payment of principal and interest on bonds issued for Improvement Area No. 1 to finance the facilities and incidental expenses? PROPOSITION B Shall City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District') establish an Article XIIIB appropriations limit for the District as an amount equal to all the proceeds of the Special Tax collected annually within the District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population? Resolution No. 03-033 Page 5 of 7 Exhibit A-2 Text of Ballot Propositions Submitted to Electors of Improvement Area No. 2 PROPOSITION C Shall City of Rancho Cucamonga Communities Facility District No. 2003-01 (the "District'), subject to the accountability measures provided for in Resolution Nos. 03-031 and 03-032 of the City Council of the City of Rancho Cucamonga incur an indebtedness and issue a series of bonds for Improvement Area No. 2 of the District in a maximum aggregate principal amount of $4,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the facilities and incidental expenses described in Resolution Nos. 03-031 and 03-032 of the City Council of the City of Rancho Cucamonga and shall a special tax with a rate and method of apportionment as provided in Resolution Nos. 03-032 and 03-032 of the City Council of the City of Rancho Cucamonga for Improvement Area No. 2 of the District be levied to pay for the facilities, incidental expenses and other purposes described in Resolution Nos. 03-031 and 03-032, including the payment of principal and interest on bonds issued for Improvement Area No. 2 to finance the facilities and incidental expenses? PROPOSITION D Shall City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") establish an Article XIIIB appropriations limit for the District as an amount equal to all the proceeds of the Special Tax collected annually within the District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population? Resolution No. 03-033 Page 6 of 7 Exhibit B-1 CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 I, Debra Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that I examined the returns of the Special Tax and Bond Election for Improvement Area No. 1 of the City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District'). The election was held in the chambers of the City Council at 10500 Civic Center, Rancho Cucamonga, California 91730 on February 19, 2003. 1 ballot was returned. I further certify that the results of said election and the number of votes cast for and against Propositions A and B are as follows: Proposition A Proposition B Yes: 147 Yes: 147 No: 0 No: 0 Total: 147 Total: 147 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 19th day of February, 2003. By: C ty Clerk City of Rancho Cucamonga Resolution No. 03-033 Page 7 of 7 Exhibit B-2 CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 I, Debra Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that I examined the returns of the Special Tax and Bond Election for Improvement Area No. 2 of the City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District'). The election was held in the chambers of the City Council at 10500 Civic Center, Rancho Cucamonga, California 91730 on February 19, 2003. 2 ballots were returned. I further certify that the results of said election and the number of votes cast for and against Propositions C and D are as follows: Proposition C Proposition D Yes: 83 Yes: 83 No: 0 No: 0 Total: 83 Total: 83 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 19th day of February, 2003. By: City Clerk City of Rancho Cucamonga