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HomeMy WebLinkAbout5888_CCv0001.pdf RESOLUTION NO. 5888 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS CALLING SPECIAL ELECTION FOR THE CITY OF R.EDLANDS COMMUNITY FACILITIES DISTRICT NO. 2001-1 WHEREAS, on this date, the City Council (the "City Council") of the City of Redlands (the "City") adopted a resolution entitled "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 within the District and Establishing an Appropriations Limit for the District" (the "Resolution of Formation"), establishing the City of Redlands Community Facilities District No. 2001-I (the "District"), authorizing the levy of a special tax within the District and establishing an appropriations limit for the District; WHEREAS, on this date, the City Council also adopted a resolution entitled "A Resolution of the City Council of the City of Redlands Deeming It Necessary to Incur Bonded Indebtedness within the City of Redlands Community Facilities District No. 2001-1", deeming it necessary to incur bonded indebtedness in the maximum amount of$10,000,000; and WHEREAS, pursuant to the provisions of said resolutions, the propositions to incur bonded indebtedness, to levy a special tax within the District and to establish an appropriations limit for the District are to be submitted to the qualified electors of the District as required by the Mello-Roos Community Facilities Act of 1982 (the"Act"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: Section t. Pursuant to Sections 53351, 53326 and 53325.7 of the Act, the propositions to incur bonded indebtedness, to levy a special tax within the District and to establish an appropriations limit for the District shall be submitted to the qualified electors of the District at an election called therefor as provided below. Section 2. As authorized by Section 53353.5 of the Act, the propositions to incur bonded indebtedness, to levy a special tax within the District and to establish an appropriations limit for the District shall be combined into one ballot proposition. Section 3. The City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the 90 days preceding the close of the public hearings heretofore held by the City Council for the purposes of these proceedings. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the District and each landowner who is the owner of record as of the close of such public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the District. Section 4. The City Council hereby determines that the facilities financed by the District were necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring in the District. Section 5. The City Council hereby calls a special election to submit to the qualified electors of the District the combined preposition to incur bonded indebtedness, to levy a special tax within the District and to establish an appropriations limit for the District, which election shall be held at City Hall Council Chambers, 35 Cajon, Redlands California, on May 15, 2001. All of the purposes enumerated in the foregoing proposition shall be united and voted upon as one single proposition, and together shall constitute the specific single purpose of the bonds proposed to be issued and sold, and proceeds of the bonds shall be spent only for such purpose. The City Clerk of the City (the "City Clerk") is hereby designated as the official to conduct said election. The City Council has caused to be provided to the City Clerk the Resolution of Formation, a certified map of sufficient scale and clarity to show the boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District. The voted ballots shall be returned to the City Clerk not later than 5:00 p-m. on May 15, 2001; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk. Section 6. Pursuant to Section 53327 of the Act, the election shall be conducted by mail or hand-delivered ballot pursuant to Section 4000 of the California Elections Code. The City Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 4000 are applicable to this special election. Section 7. The form of the ballot for said election is attached hereto as Exhibit A and by this reference incorporated herein, and such form of ballot is hereby approved. The City Clerk shall cause to be delivered to each of the qualified electors of the District a ballot in said form, Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The identification envelope for return of the ballot shall be enclosed with the ballot, shall have the return postage prepaid, and shall contain: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration described in clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot proposition are hereby waived, as provided in Section 53327 of the Act. Section 8. The City Clerk shall accept the ballots of the qualified electors in the City Clerk's office to and including 5:00 p.m. on May 15, 2001, whether said ballots be personally 4_141; ='e41Y;N. 2 delivered or received by mail. The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors. Section 9. The City Council hereby finds that the provision of Section 53326 of the Act requiring the special election to be held at least 90 days following the adoption of the Resolution of Formation is for the protection of the qualified elector of the District. There is on file with the City Clerk a written petition executed by the qualified elector of the District requesting a shortening of the time for said special election to expedite the process of formation of the District and waiving any requirement for analysis and arguments in connection with the election. Accordingly, the City Council finds and determines that said qualified elector has been fully apprised of and has agreed to the shortened time for the election and waiver of analysis and arguments, and has thereby been fully protected in these proceedings. The City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. Section 10. Upon approval of the proposition contained herein, and the sale of any of the bonds approved, the District shall take such actions as may be necessary to establish an account for deposit of the proceeds of sale of the bonds. For so long as any proceeds of the bonds remain unexpended, the District shall cause a report to be filed with the District no later than January I of each year, commencing January 1, 2002 stating (1) the amount of bond proceeds received and expended in such year, and (2) the status of any project funded or to be funded from bond proceeds. Said report may relate to the calendar year, fiscal year, or other appropriate annual period, as the District shall determine, and may be incorporated into any appropriate routine report to the District. Section 11. 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: za&,��e- - DeputyCity Clerk of the City of Redla s 3 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: Councilmembers George, Freedman Haws and Feppler; Mayor Gilbreath NOES: None ABSENT: None ABSTAIN: None Ge.,I Beatrice Sanchez, Deputy City Cler City of Redlands