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HomeMy WebLinkAbout89-265 - Resolutions RESOLUTION NO. 89-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN PRELIMINARY FINDINGS AND PASSING UPON PROTESTS WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has previously declared its intention and ordered the preparation of a "Report" relating to the initiation of proceedings to create 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. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-2 (hereinafter referred to as the "District"); and, WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the furnishing of certain facilities and services, and all other related matters has been given, and a "Report", as ordered by this Agency, has been presented to this Agency and has been made a part of the record of the hearing on the Resolution of Intention to establish said District; and, WHEREAS, it has been further determined that written protests by fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing within the boundaries of the proposed District, or by owners representing one-half (1/2) or more of the area of land proposed to be included in said District and not exempt from the special tax have not been received; and, WHEREAS, all communications relating to the establishment of the District, the extent of the District, and the types of facilities and services, as well as the rate and method of apportionment of the special tax, have been considered, and at this time this legislative body is desirous to proceed with the establishment of the District; and, WHEREAS, at this time there has further been submitted to this legislative body, pursuant to an environmental evaluations, a NEGATIVE DECLARATION on the project, together with any comments received during the public review process relating to the formation of this District. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: That written protests have not been filed by fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, or property owners of more than one-half (1/2) of the area of the land within the proposed District and not exempt from the special tax. SECTION 3: Except where changes and modifications have been made, all protests and objections are hereby overruled and denied. Resolution No. 89-265 Page 2 SECTION 4: It is hereby further determined by this legislative body to proceed with the formation and establishment of the District, formally known and designated as "COMMUNITY FACILITIES DISTRICT NO. 88-2". SECTION 5: The "Report", as now submitted is hereby approved and is made a part of the record of the hearing, and is ordered to be kept on file with the transcript of these proceedings and open for public inspection. SECTION 6: It is hereby further determined by this legislative body that all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the "Mello-Roos Community Facilities Act of 1982", and this finding is made pursuant to the provisions and authorization of Section 53325.1 of the Government Code of the State of California. SECTION 7: It is hereby further determined by this legislative body that the proposed capital project facility and services are necessary to meet the increased demands placed upon this development and/or rehabilitation within the District. SECTION 8: Based upon the initial study, the comments received thereon and the Negative Declaration for the project, it is further determined that the proceedings relating to the formation of the Community Facilities District will not have a significant effect on the environment. The City Manager is hereby directed to immediately cause a Notice of Determination to be filed in the Office of the County Clerk. PASSED, APPROVED, and ADOPTED this 21st day of June, 1989. AYES: Alexander, Brown, Buquet, Stout, Wright NOES: None ABSENT: None 0~/~~~ Dennis L. Stout, Mayor ATTEST: Resolution No. 89-265 Page 3 I, BEVERLY A. AUTHELET, 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 21st day of June, 1989. Executed this 22nd day of June, 1989 at Rancho Cucamonga, California.