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HomeMy WebLinkAbout7982RESOLUTION NO 7982 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS LEVYING SPECIAL TAXES WITHIN CITY OF REDLANDS COMMUNITY FACILITIES DISTRICT NO 2001-1 (NORTHWEST DEVELOPMENT PROJECT) WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") has formed City of Redlands Community Facilities District No 2001-1 (Northwest Development Project) (the "Community Facilities District"), under and pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act"), and WHEREAS, the City Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy special taxes (the "Special Taxes") to pay for the costs of certain facilities and to authorize the issuance of bonds secured by the Special Taxes under the Act, and WHEREAS, the City Council, pursuant to Ordinance No 2471, adopted by the City Council ofthe City on June 5, 2001, authorized and levied the Special Taxes within the Community Facilities District, and WHEREAS, Section 53340 ofthe Act provides that the legislative body of a community facilities district may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by ordinance, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor on or before the 10th day of August of that tax year, and WHEREAS, on June 19, 2001, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Redlands Authorizing the Issuance of not to Exceed $10,000,000 Aggregate Principal Amount of City of Redlands Community Facilities District No 2001-1 (Northwest Development Project) Special Tax Bonds, Series 2001, Approving the Execution and Delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Certificate and the Preparation of an Official Statement and Other Matters Related Thereto" (the "Original Bond Resolution"), authorizing the issuance of City of Redlands Community Facilities District No 2001-1 (Northwest Development Project) Special Tax Bonds, Series 2001 (the "Bonds"), in an aggregate principal amount of not to exceed $10,000,000, and WHEREAS, on July 17, 2001, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Redlands Modifying Resolution No 5911 of the City Council of the City of Redlands," ratifying and affirming the City Council's authorization under the Original Bond Resolution for the issuance of the Bonds, subject to certain modifications to the terms thereof, and WHEREAS, the City Council desires to levy the Special Taxes within the Community Facilities District for Fiscal Year 2019-2020, 1 I \Reso[utions\Res 7900 7999/7982 CrD 2001 1 FY 2019-20 docx follows NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as Section 1. All of the above recitals are true and correct Section 2 The City Council hereby levies the Special Taxes for the Fiscal Year 2019- 2020 at the maximum rates and with respect to the parcels as set forth in Exhibit A hereto, provided, however, that the City Manager or the Finance Director of the City is hereby authorized, prior to the submission to the San Bernardino County Auditor/Controller and upon consultation with the City's special tax consultant, David Taussig & Associates, Inc , (a) to make any necessary modifications to such Special Taxes to correct any errors, omissions or inconsistencies in the listing or categorization ofparcels to be taxed (provided that any such modifications shall not result in an increase in the Special Tax applicable to any category ofparcels), or (b) to lower such Special Tax rates to the extent such officer deems necessary upon receipt of the final pricing information, and debt service requirements with respect to, the Bonds The City Clerk of the City is hereby authorized and directed to file with the San Bernardino County Auditor/Controller no later than August 10, 2019, a certified list of all parcels subject to the Special Tax levy includuig the amount of the Special Tax to be levied on each parcel for Fiscal Year 2019-2020 Section 3 The officers and agents of the City are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the levy of the Special Taxes for Fiscal Year 2019-2020 as provided in this Resolution Section 4 A11 actions heretofore taken by the officers and agents of the City with respect to the levy of the Special Taxes for Fiscal Year 2019-2020 are hereby approved, confirmed and ratified Section 5 This Resolution shall take effect immediately upon its adoption APPROVED and ADOPTED by the City Council of the City of Redlands on July 2, 2019 ATTEST G.„„Lkuo Paul W Foster, Mayor -2- 1 \Resolutions\Rcs 7900 7999\7982 CFD 2001 1 FY 2019 20 docx CITY CLERK'S CERTIFICATE I, Jeanne Donaldson, City Cleik of the City of Redlands, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council duly and regularly held on July 2, 2019, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present, and that at said meeting said iesolution was adopted by the following vote AYES Councrlmembers Barrch, Tejeda, Momberger, Davis, Mayor Foster NOES None ABSENT None ABSTAIN None I further certify that I have carefully compared the same with the orrgmal minutes of said meeting on file and of record m my office, that the foregoing resolution is a full, true and correct copy of the original iesolution adopted at said meeting and entered in said minutes, and that said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now m full force and effect Dated July 2, 2019 Jea; onaldson, City Clerk -3- 1 \Resolutions\Res 7900 7999\7982 CFD 2001 1 FY 2019 20 docx Exhibit A City of Redlands CFD No 2001-1 FY 2019-2020 Special Tax Roll Assessor's Parcel Number 0167-551-08 0167-551-09 0167-571-05 0167-641-05 0167-641-06 0167-641-07 0167-671-03 0167-681-07 0167-681-09 FY 2019-2020 Special Tax $111 747 98 $97,257 76 $182,666 49 $48,307 82 $46,554 09 $73 935 28 $49,370 96 $69,058 76 $78 720 93 Total FY 2019-2020 Special Tax Levy $757,620 07 Total Nurnber of Parcels Taxed 9 Page 1 of 1 SAN BERNARDINO COUNTY AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, AND ASSESSMENTS HIS JUL -3 f f” 8. 22 FISCAL YEAR 2019-20 JP ERTY TA X THIS AGREEMENT is made and entered into this 2nd day of July, 2019, by and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as "County" and the City of Redlands, hereinafter referred to as "City" WITNESSETH WHEREAS, Government Code Sections 29304 and 51800 authorize the County to recoup its collection costs when the County collects taxes, fees, or assessments for any city, school district, special district, zone or improvement district thereof, and WHEREAS, the City and County have determined that it is in the public interest that the County, when requested by City, collect on the County tax rolls the special taxes, fees, and assessments for City NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows 1 County agrees, when requested by City as hereinafter provided to collect on the County tax rolls the special taxes, fees, and assessments of City, and of each zone or improvement district thereof 2 When County is to collect City's special taxes, fees, and assessments, City agrees to notify in writing the Auditor -Controller (268 W Hospitality Lane, 4111 floor, San Bernardino, CA 92415) of the County on or before the 10th day of August of each fiscal year of the Assessor's parcel numbers and the amount of each special tax, fee, or assessment to be so collected Any such notice, in order to be effective, must be received by the Auditor -Controller by said date 3 County may charge City an amount per parcel for each special tax, fee, or assessment that is to be collected on the County tax rolls by the County for the City, not to exceed County's actual cost of collection 4 City warrants that the taxes, fees, or assessments imposed by City and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to, Articles XIIIC and XIIID of the California Constitution (Proposition 218) 5 City hereby releases and forever discharges County and its officers, agents, and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of City's responsibility under this agreement, or other action taken by City in establishing a special tax, fee, or assessment and 1 of 3 AGCY implementing collection of special taxes, fees or assessments as contemplated in this agreement. 6 The County Auditor -Controller has not determined the validity of the taxes or assessments to be collected pursuant to this contract, and the undersigned City hereby assumes any and all responsibility for making such a determination The undersigned City agrees to indemnify, defend, and hold harmless the County and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract or the imposition of the taxes or assessments collected pursuant to this contract, and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law If any judgment is entered against County or any other indemnified party as a result of action taken to implement this Agreement, City agrees that County may offset the amount of any judgment paid by County or by any indemnified party from any monies collected by County on City's behalf, including property taxes, special taxes, fees, or assessments County may, but is not required to, notify City of its intent to implement any offset authorized by this paragraph 7 City agrees that its officers, agents and employees will cooperate with County by answering inquiries made to City by any person concerning City's special tax, fee, or assessment, and City agrees that is officers, agents, and employees will not refer such individuals making inquiries to County officers or employees for response 8 City shall not assign or transfer this agreement or any interest herein and any such assignment or transfer or attempted assignment or transfer of this agreement or any interest herein by City shall be void and shall immediately and automatically terminate this agreement 9 This agreement shall be effective for the 2019-20 fiscal year 10 Either party may terminate this agreement for any reason upon 30 days written notice to the other party The County Auditor -Controller shall have the right to exercise County's right and authority under this contract including the right to terminate the contract. 11 County's waiver of breach of any one term, covenant, or other provision of this agreement, is not a waiver of breach of any other term, nor subsequent breach of the term or provision waived 12 Each person signing this agreement represents and warrants that he or she has been fully authorized to do so 2 of 3 AGCY IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written City of Redlands By C') �� �►C Printed Name Paul W Foster Title Mayor Date 7/2/ 1 ENSEN MASON CPA, CFA, AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR SAN BERNARDINO COUNTY By Authorized Deputy Printed Name Linda Santillano Title Chief Deputy, Property Tax Date 9 - -1.61 AGCY 3 of 3