HomeMy WebLinkAbout99-209 - ResolutionsRESOLUTION NO. 99-209
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 DIiSTRIC:T NO. 91-1 (VICTORIA COMMUNITY)OF
THE CITY OF RANCHO CUCAMO'NGA, TO TERMINATE THE
AUTHORITY TO LEVY SPECIAL TAXES WITHIN 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'") 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 Cucamonga" approved by the City Council on December 4, 1991 (the
"Facilities") and the incidental expenses to be incurred in financing the Facilities; 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, 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 ini.tiate proceedings to terminate the
authorization to levy special taxes within the District.
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:
SECTION 1. Recitals. The foregoing recitals are true and correct.
SECTION 2.
Determinations. 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 to levy special taxes within the District.
Resolution No. 99-209
Page 2
SECTION 3.
Area Affected. The area which would be affected by the
proposed termination of the authorization to levy special
taxes would be the ent:ire District.
SECTION 4.
Proposed Alteration to the Rate and Method of
Appo~iortmer!t oft.he :Exi,sti~ng Special Tax. It is proposed
that the rate a=nd method of apportionment of the existing
special tax be altered so as to terminate. the authorization to
levy such special tax.
SECTION 5.
Public Hearing. A public hearing (the "Hearing") on the
proposed alteration of the rate and method of apportionment
of the existing special tax shall be held at 7:00_P.M., or as
soon there.after 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,
including all persons owning lands or registered to vote
within the District, may appear and be heard.
If fifty percent (50%) or more of the registered voters, or six
(6) registered voters, whichever is more, residing within
District, or the owners of one-half (1/2) or more of the area
of the land in the District 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 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.
SECTI. ON 6.
Notice of Public Hea,ring. 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 shalll contain the information required by
Section 53335 of the Act.
Resolution No. 99-209
Page 3
PASSED, APPROVED, AND ADOPTED this 15th day of September, 1999.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. AI. Mayor
ATTEST:
D'ebra J.
s, 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 15th day of September, 1999.
Executed this 16th day of= September, 1999, at Rancho Cucamonga, California.
Debra J. Ad MC, City Clerk