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HomeMy WebLinkAbout5886_CCv0001.pdf RESOLUTION NO. 5886 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS OF FORMATION OF THE CITY OF REDLANDS COMMUNITY FACILITIES DISTRICT NO. 2001-1, AUTHORIZING THE LEVY OF A SPECIAL TAX WI"T"HIN THE DISTRICT AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT WHEREAS, on April 3, 2001, the City Council (the "City Council") of the City of Redlands adopted a resolution entitled "A Resolution of the City Council of the City of Redlands of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes" (the "Resolution of Intention"), stating its intention to form a community facilities district (the "District") proposed to be named the City of Redlands Community Facilities District No. 2001-1 pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"); WHEREAS, on this date, the City Council conducted a public hearing originally notice for December 2, 1998 and continued to this date on the establishment of the District, as required by the Act and the Resolution of Intention: WHEREAS, at the hearing, the testimony of all interested persons and taxpayers for or against the establishment and the extent of the District was heard: WHEREAS, at or before the time of the hearing, the report required by Section 53321.5 of the Act was filed with the City Council; and WHEREAS, no oral or written protests against the establishment and the extent of the District or the levying of any specified special tax were made or filed at or before the hearing; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: Section 1. The foregoing recitals are true and correct. Section 2. The District is hereby established pursuant to the Act. Section 3. The District is hereby named the "City of Redlands Community Facilities District No. 2001-1". Section 4. Pursuant to the Act, the District is being formed for the purpose of financing public facilities (the "Facilities") to be acquired by the Community Facilities District pursuant to the Act through purchase as completed facilities, which public facilities are described under the caption "Facilities' on Exhibit A to the Resolution of Intention, which is by this reference incorporated herein. The incidental expenses proposed to be incurred in connection with the District are the costs associated with the creation of the District, issuance of bonds, determination _ 'A B of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the District Section 5. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act. Section 6. Except where funds are otherwise available, a special tax sufficient to pay debt service on bonds and to pay certain administrative costs, secured by recordation of a continuing lien against all nonexempt real property in the District, will be annually levied within the District. The rate and method of apportionment of the special tax (the "Rate and Method"), in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount that he or she will have to pay, is on file with the City Clerk, which is by this reference incorporated herein. The conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied are specified in the Rate and Method. The special tax will be collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners. The tax year after which no further special tax will be levied against any parcel used for private residential purposes is specified in the Rate and Method. Under no circumstances shall the special tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than 10%. For purposes of this paragraph, a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit for private residential use is issued. Section 7. The name, address and telephone number of the office which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating further special tax levies pursuant to Section 53340.1 of the Act are as follows: Finance Director, City of Redlands, 35 Cajon, P.O. Box 3005, Redlands, California 92373-1505, (909) 798-7543. Section 8. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City Council ceases. Section 9. The boundary map of the District has been recorded in San Bernardino County in Book Z3 at Page of Maps of Assessments and Community Facilities Districts in the San Bernardino County Recorder's Office. Section 14. The annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XI1I B of the California Constitution. of the District is hereby established at $1000,000. Section 11. Pursuant to the provisions of the Act, the levy of the special tax and a proposition to establish the appropriations limit specified above shall be subject to the approval of the qualified electors of the District at a special election. The voting procedure shall be by mailed or hand-delivered ballot among the landowners in the District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. Section U. The City Council hereby determines and finds that all proceedings up to and including the adoption of this Resolution were valid and in conformity with the requirements of the Act. in accordance with Section 53325.1 of the Act, such finding shall be final and conclusive. Section 13. This Resolution shall take effect immediately upon its adoption. APPROVED and ADOPTED by the City Council of the City of Redlands on May 15, 2001. Mayor of the City of Redlands ATTEST: Deputy City Clerk Athety o�Reands 1, Beatrice Sanchez, Deputy City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 15th day of May, 2001, by the following vote: AYES: Councilm.embers George, Freedman Haws and Peppler; Mayor Gilbreath NOES: None ABSENT: None ABSTAIN: None Beatrice Sanchez, Deputy City CIA City of Redlands