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HomeMy WebLinkAbout05-202 - Resolutions RESOLUTION NO. 05-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT), DECLARING THE RESULTS OF A SPECIAL ELECTION TO AUTHORIZE MODIFICATIONS TO THE FACILITIES TO BE FINANCED, THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES TO BE LEVIED AND THE BONDED INDEBTEDNESS FOR SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA(the"City Council") has previously undertaken proceedings to create and did establish a Community Facilities District 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 is referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) (the "District"); and WHEREAS, the qualified electors of the District, voting in a special election held on October 11, 2000, approved the authorization to (a)finance park improvements including clearing and grading of such park sites, park hardscape and restrooms, street improvements and parkway hardscape (the"Authorized Facilities); (b)levy special taxes within the District pursuant to a rate and method of apportionment of such special taxes (the "Existing RMA") and (c) to incur a bonded indebtedness of the amount not to exceed $3,000,000 (the "Existing Bond Authorization"); and WHEREAS,subsequent to the formation of the District and such election, Pulte Home Corporation, the current developer of the property within the District, has requested that the City Council, acting as the legislative body of the District, initiate proceedings to consider modifications to (a)the Authorized Facilities to be financed from the proceeds of bonds issued by the District which are secured by the levy of such special taxes, (b) the Existing RMA and (c) the Existing Bond Authorization; and WHEREAS,this City Council did initiate such proceedings and did call forand orderto be held an election to submit to the qualified electors of the District separate propositions relating to the proposed modification of the Authorized Facilities, the Existing RMA and the Existing Bond Authorization; and WHEREAS,at this time said election has been held and the measures voted upon and each such measure did receive the favorable 2/3's vote of the qualified electors voting thereon,and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.2000-03(RANCHO SUMMIT),DOES HEREBY RESOLVE,DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: RECITALS. The above recitals are all true and correct. Resolution No. 05-202 Page 2 of 4 SECTION 2: DETERMINATIONS. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election Official, said Statement identifying the measures voted upon and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so incorporated. SECTION 3: ELECTION RESULTS. The City Clerk is hereby directed,pursuant to the provisions of the Elections Code of the State of California,to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. Please see the following page for formal adoption,certification and signatures I Resolution No. 05-202 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 15`h day of June 2005. AYES: Alexander, Gutierrez, Michael, Williams NOES: None ABSENT: Spagnolo ABSTAINED: None William J. Alexaq Mayor ATTEST: '0" — Q''e" Debra-J. Ada 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 15`" day of June 2005. Executed this 16`h day of June 2005, at Rancho Cucamonga, California. 4j,Q aA" De ra J. Adam MC, City Clerk Resolution No. 05-202 Page 4 of 4 Exhibit "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF RANCHO CUCAMONGA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) SPECIAL ELECTION in said City, held June 15, 2005. 1 FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District in said City, and the whole number of votes cast for the Measures in said District in said City,and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: I -30 II. VOTES CAST ON PROPOSITION A: YES 130 NO III. VOTES CAST ON PROPOSITION B: YES 3o NO IV. VOTES CAST ON PROPOSITION C: YES k3o NO WITNESS my hand and Official Seal this. day of 7 2005. VT-Y CLERI ELECTION O FICIAL CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA