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HomeMy WebLinkAbout99-210 - ResolutionsRESOLUTION NO. 99-210 A RESOLUTION OF CONSIDERATION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 91-1 (VICTORIA COMMUNITY) OF THE CITY O.F RANCHO CUCAMONGA, TO TERMINATE THE AUTHORITY TO LEVY SPECIAL TAX'ES WITHIN IMPROVEMENT AREA NO. 1 OF SUCH COMMUNITY FACILITIES. DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, previously formed COMMUNITY FACILTIES DISTRICT NO. 91-1 (VICTORIA COMMUNITY) (the "District") and IMPROVEMENT AREA NO. 1 ("Improvement Area No. 1") thereto pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 and following) (the "Act") for the purpose of financing the construction and acquisition of certain public facilities as described in that certain document entitled "Community Facilities District Report for Community Facilities District No. 91-1 (Victoria Community) City of Rancho Cucamo.nga" approved by the City Council on December 4, 1991 (the "Facilities") and the incidental expenses to be incurred in financing the iFacilities; and, WHEREAS, in order to finance the Facilities, the City Council did previously declare the necessity to incur a bonded indebtedness in an amount not to exceed $55,000,000, the repayment of which was to be secured by the levy of special taxes on properties in the District in accordance with Section 53328 of the Act; and WHEREAS, the qualified electors of the District did, at a special election held in the District on March 2, 1992, authorize the issuance of such bonds and the levy of special taxes within the District; and WHEREAS, subsequent to the formation of the District the owners of certain property petitioned the City Council to establish Improvement Area No. 1 of the District in order to authorize the levy of an additional special tax to finance the construction or acquisition of certain of the Facilities; and WHEREAS, the qualified electors of Improvement Area No. 1did, at a special election held in Improvement Area No. 1 on September 2, 1992, authorize the issuance of bonds and the levy of special taxes within Improvement Area No. 1; and WHEREAS, the City Council has determined that the issuance of bonds secured by the levy of such special taxes is no longer a feasible or desirable method to finance the acquisition and construction of the Facilities and has., therefore, consequently determined that the public convenience and necessity require that the City Council initiate proceedings to terminate the authorization to levy special taxes within Improvement Area No. 1. NOW, THEREFORE, BE. IT RESOLVED AND DETERMINED by the City Council of the City of Rancho Cucamonga, acting as the legislative body of Community Facilities District No. 91-1 (Victoria Community) of the City of Rancho Cucamonga, as follows: Resolution No. 99-210 Page 2 SECTION 1. Recitals. The foregoing recitals are true and correct. SECTION 2. Determi, nations. This City Council has determined that the public convenience and necessity require, and it is the intention of this City Council to consider, to alter the rate and method of apportionment of the special taxes to terminate the authorization t.o levy special taxes within Improvement Area No. 1 of the District. SECTION 3. Area ,Affected. The area which would be affected by the proposed! termination of the authorization to levy special taxes would be the entire area within Improvement Area No. 1 of the District,. SECTION 4. Proposed Alteration to the Rate and Method of Apportionment ofthe,Ex:isti:ng Special Tax. It is proposed that the rate and method of apportionment of the existing special tax be altered: so as to terminate the authorization to levy such special tax within Improvement Area No. 1 of the District. SECTION 5. Public Hearinq. A public hearing (the "Hearing") on the proposed alteration of the rate and method of apportionment of the existing special tax authorized to be levied within Improvement Area No. 1 of the District shall be held at 7:00 P.M., or as soon thereafter as practicable, on November 3, 1999, in the City Council Chambers located at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, CA. 91730. At the time and place set forth above for the Hearing, any interested person for or against the proposed alteration in the rate and method of apportionment of the existing special tax authorized to be levied within Improvement Area No. 1 of the District, including a:~l persons owning lands or registered to vote within Improvement Area No. 1, may appear and be heard. If fifty percent (5.0%) or more of the registered voters, or six (6) registered voters, whichever is more, residing within Improvement Area No. 1, or the owners of one-half (1/2) or more of t:he area of the land in Improvement Area No. 1 and not exempt from the existing special tax, file written protests against the proposed alteration of the rate and method of apportionment of the existing special tax, and said protests Resolution No. 99-210 Page 3 are not withdrawn so as to reduce the value of the protests to less than a majority, no further proceedings to alter the rate and method of apportionment of the existing special tax to terminate the authorization to levy such special tax shall be taken for a period of one year from the date of the decision of the City Council. SECTION 6. Notice of Public Hearing, The City Clerk Clerk is hereby directed to publish a notice (the "Notice") of the hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the District. The Notice shall contain the information required by Section 53335 of the Act. PASSED, APPROVED, AND ADOPTED this 15th day of September, 1999. AYES: NOES: ABSENT: ABSTAINED: Alexander, Biane, Curatalo, Dutton, Williams None None None William. J. yor ATTEST: Debra J. Ada~rfs, CMC, City Clerk Resolution No. 99-210 Page 4 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 Cu~camonga, California, at a regular meeting of said City Council held on the 15th day of September, 1999. Executed this 16th day of September, 1999, at Rancho Cucamonga, California. Debra J. ~s, CMC, City Clerk