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HomeMy WebLinkAbout00-017 - Resolutions RESOLUTION NO. 00-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS, ORDERING SUBMITTED TO THE QUALIFIED ELECTORS OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO.99-1 (CENTRAL PARK)A PROPOSITION RELATING TO THE DISTRICT, GIVING NOTICE OF A SPECIAL ELECTION AND ESTABLISHING PROCEDURES FOR CONDUCTING THE ELECTION RECITALS. WHEREAS, the CITY COUNCIL (the "City Council") of the City of RANCHO CUCAMONGA, CALIFORNIA(the"Citi"), has previously adopted Resolution No. 99-164 stating its intention to conduct proceedings to form City of Rancho Cucamonga Community Facilities District No. 99-1 (Central Park)(the"District")pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act') to finance certain public facilities and services; and WHEREAS, a copy of Resolution No. 99-164 setting forth a description of the proposed boundaries of the District,the facilities and services to be financed by the District and the rate and method of apportionment of the special tax proposed to be levied within the District is on file in the office of the City Clerk of the City and is incorporated herein by reference; and WHEREAS,the City Council has previously adopted Resolution No. 99-165 stating the City Council's intention, acting as the legislative body of the District, to authorize the issuance and sale of bonds to finance the cost of designing and constructing such public facilities; and WHEREAS, Resolution Nos. 99-164 and 99-165 set September 1, 1999 as the date of a public hearing on the establishment of the District, the furnishing of specified types of public facilities and services within the District, the proposed rate and method of apportionment of the special tax, and the proposed debt issue; and WHEREAS,on September 1, 1999,the City Council opened the public hearings and continued them until February 2, 2000, finding that the complexity of the District and the need for public participation required additional time; and WHEREAS, at the public hearing there was filed with the City Council a report (the "Report") containing a description of the facilities and services necessary to adequately meet the needs of the District and an estimate of the cost of financing such facilities and services as required by Section 53321.5 of the Act; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the establishment of the District,the furnishing of specified types of public facilities and services within the District, the proposed rate and method of apportionment of the special tax, and the proposed debt issue were heard and a full and fair hearing was held; and i Resolution No. 00-017 Page 2 of 6 WHEREAS,at the public hearing evidence was presented to the City Council on the matters before it and the City Council at the conclusion of the hearing is fully advised as to all matters relating to the formation of the District, the levy of the special tax and the issuance of bonded indebtedness therein; and WHEREAS,the City Council desires to proceed with the establishment of the District and to proceed to make the necessary findings to incur the bonded indebtedness; and WHEREAS,the City Council previously adopted Resolution No.00-016 establishing the District and calling a Special Election in the District on May 9, 2000; and WHEREAS,the City Council desires to hold a special election in the District at which time there will be submitted to the qualified electors of the District certain propositions relating to the authorization to levy a special tax, the establishment of an appropriations limit for the District, and the incurring of a bonded indebtedness to pay for certain facilities to serve the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Necessary to Incur Bonded Indebtedness. The City Council hereby declares that the City Council deems it necessary to incur a bonded indebtedness as authorized under the terms and provisions of the Act. SECTION 2. Purpose of Bonded Indebtedness. The bonded indebtedness will be incurred for the purpose of financing the costs of designing and constructing the Facilities as defined in the City's Resolution No. 00- 016, including, but not limited to, the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance the Facilities that are permitted to be financed pursuant to the Act. SECTION 3. Boundaries of District. The whole of the District shall pay for the bonded indebtedness. The description and map of the boundaries of the District on file in the City Clerk's office and as described in said Resolution No. 99-164 and incorporated herein by reference,shall be the boundaries of the District. The map of the proposed boundaries of the District has been recorded in the Office of the County Recorder of the County of San Bernardino, California at Page 66 of Book 72 of Maps of Assessments and Community Facilities Districts as Document No. 19990327417. Resolution No. 00-017 Page 3 of 6 SECTION 4. Bond Terms. The bonds will be issued in one or more series, in the maximum aggregate principal amount of not to exceed $30 million at a maximum interest rate not in excess of 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued. The term of the bonds shall be determined pursuant to a resolution of the City Council authorizing the issuance of the bonds, but such term shall in no event exceed 40 years or such longer term as is then permitted by law. The bonds, except where other funds are made available, shall be paid exclusively from a special tax levied annually within the boundaries of the District and secured by recordation of a continuing lien against all non-exempt real property in the District. SECTION 5. Election. The proposition related to the incurring of the bonded indebtedness and the proposition relating to the levy of the special tax and the proposition to establish an appropriations limit for the District shall be combined into one ballot proposition, and shall be submitted to the qualified voters at a special election to be held on the 9th day of May, 2000. If the combined proposition for the levy of the special tax, the establishment of the appropriations limit 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,the special tax may be levied as provided for in Resolution No. 00-016 and the appropriations limit may be established as provided for in Resolution No. 00-016. SECTION 6. Polls. The polls shall be open at 7:00 a.m.on the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the California Elections Code. SECTION 7. Ballot. The ballot proposition to be submitted to the qualified electors shall be as set forth in Exhibit "A" attached hereto. SECTION 8. Sample Ballot Materials. The sample ballot materials provided to each voter shall include arguments and rebuttals, if any. "Notice is hereby given that written arguments not to exceed 300 words in length for or against the measure shall be filed not later than 5:00 p.m.on February 18,2000 at the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730." Resolution No. 00-017 Page 4 of 6 SECTION 9. Election Precinct. The District shall constitute a single election precinct for the purpose of holding said election. The City Clerk shall designate a polling place or polling places for the precinct and give notice of the location of same. SECTION 10. 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" shall be counted against the adoption of said proposition. SECTION 11. Election Procedure. The form and content of the ballot shall be as provided by law. In all respects not specified herein, the election shall be conducted in accordance with the California Elections Code. The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to, the following activities as are appropriate to the subject election: 1. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. 2. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. 3. Appoint and train necessary precinct workers. 4. Receive the returns of the election and supplies. 5. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. 6. Canvass the returns of the election. 7. Furnish a tabulation of the number of votes given in the election. 8. Make all arrangements and take the necessary steps'to pay all costs of the election incurred as result of services performed by the County and pay costs and expenses of all election officials. 9. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. Resolution No. 00-017 Page 5 of 6 SECTION 12. Notice. Notice of the time and place of the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election in the time, form and manner as required by law. PASSED, APPROVED, AND ADOPTED this 2nd day of February 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None _' Wil ' J. Ale nder, Mayor ATTEST: Ad..2 D ra J. Adan CMC, 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 2ntl day of February 2000. Executed this 3rd day of February 2000, at Rancho Cucamonga, California. 9 be'bra J. Adam C, City Clerk Resolution No. 00-017 Page 6 of 6 EXHIBIT "A" BALLOT PROPOSITION PROPOSITION, Measure J: Shall City of Rancho Cucamonga Community Facilities District No. 99-1 (Central Park)be authorized to incur an indebtedness and issue bonds in the maximum aggregate principal amount of$30,000,000, with interest at a rate or rates not to exceed the maximum rates permitted by law, the proceeds of which will be used to finance the costs of facilities, including incidental expenses, as described in Resolution No.00-016 of the City Council of the City of Rancho Cucamonga; shall a special tax with a rate and method of apportionment as provided in Resolution No.00-016 of the City Council of the City of Rancho Cucamonga be levied within the District to pay for the above facilities, including principal and interest due on bonds issued to finance the facilities; services, including recreation program services and the maintenance of parks, parkways and open space; and incidental expenses, as described in said Resolution; and shall an appropriations limit be established for the District pursuant to Article XIIIB of the California Constitution, said appropriations limit to be equal to the amount of all proceeds of the special tax collected annually, as adjusted for changes in the cost of living and changes in population, as provided in Resolution No. 00- 016 of the City Council of the City of Rancho Cucamonga? o�r.,��w 2z