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HomeMy WebLinkAbout6211_CCv0001.pdf RESOLUTION NO. 6211 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 WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City"), pursuant to a written petition, initiated proceedings under the Mello-Roos Community Facilities Act of 1982 (the "Act") to establish the City of Redlands Community Facilities District No. 2002-1 (Redlands Business Center) and a boundary map of the boundaries of the territory proposed for inclusion in such community facilities district was recorded in San Bernardino County in Book 74 at Page 91 of Maps of Assessments and Community Facilities Districts in the San Bernardino County Recorder's Office; WHEREAS, the required time for completing said proceedings has expired and the City Council of the City has received from Bixby Land Company and SRG Famille Redlands, L.P. (the "Owners") written Petitions (the "Petition"), requesting the institution of new proceedings for the establishment of the community facilities district (the "Community Facilities District"); WHEREAS, each Owner is the owner of not less than 10% of the area of land proposed to be included within the Community Facilities District; and WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (the "Act"), the City Council is authorized to establish the Community Facilities District; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council hereby finds that the Petition is signed by the requisite number of owners of land proposed to be included in the Community Facilities District. Section 2. The City Council proposes to establish a community facilities district under the terms of the Act. The boundaries of the territory proposed for inclusion in the Community Facilities District are described in the amended and restated map showing the proposed Community Facilities District on file with the City Clerk of the City (the "City Clerk"), which boundaries are hereby preliminarily approved and to which amended and restated map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, said amended and restated map of the boundaries of the Community Facilities District in the office of the San Bernardino County Recorder within fifteen days of the date of adoption of this Resolution. Section 3. The name proposed for the Community Facilities District is "City of Redlands Community Facilities District No. 2003-1 (Redlands Business Center)". A-t Section 4. The public facilities (the "Facilities") proposed to be acquired by the Community Facilities District pursuant to the Act through purchase as completed facilities are described under the caption "Facilities" on Exhibit "A" hereto, which is by this reference incorporated herein. The incidental expenses proposed to be incurred are identified under the caption"Incidental Expenses" on Exhibit "A"hereto. Section 5. Except where funds are otherwise available, a special tax sufficient to pay for all Facilities, secured by recordation of a continuing lien against all nonexempt real property in the Community Facilities District, will be annually levied within the Community Facilities 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 Community Facilities 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 Community Facilities 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 6. Pursuant to Section 53344.1 of the Act, the City Council hereby reserves to itself the right and authority to allow any interested owner of property within the Community Facilities District, subject to the provisions of said Section 53344.1 and to those conditions as it may impose, and any applicable prepayment penalties as prescribed in the bond indenture or comparable instrument or document, to tender to the Community Facilities District treasurer in full payment or part payment of any installment of the special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender. Section 7. The City Council hereby fixes Tuesday, December 16, 2003, at 3:00 p.m., or as soon thereafter as the City Council may reach the matter, at 35 Cajon Street, Redlands, California, as the time and place when and where the City Council will conduct a public hearing on the establishment of the Community Facilities District. Section 8. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the Community Facilities District. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act. A-2 Section 9. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the Community Facilities District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the Community Facilities District, with each owner having one vote for each acre or portion of an acre such owner owns in the Community Facilities District. Section 10. Each officer of the City who is or will be responsible for providing one or more of the proposed types of Facilities is hereby directed to study, or cause to be studied, the proposed Community Facilities District and, at or before said public hearing, file a report with the City Council. containing a brief description of the public facilities by type which will in his or her opinion be required to adequately meet the needs of the Community Facilities District, and his or her estimate of the cost of providing the Facilities. Such officers are hereby also directed to estimate the fair and reasonable cost of the Facilities proposed to be purchased as completed public facilities and of the incidental expenses proposed to be paid. Such report shall be made a part of the record of said public hearing. Section 11. Bixby Land Company has heretofore advanced certain funds, and may advance additional funds, which have been or may be used to pay costs incurred in connection with the creation of the Community Facilities District and the issuance of special tax bonds thereby. The City Council proposes to repay all or a portion of such funds expended for such purpose, solely from the proceeds of such bonds, pursuant to a Deposit and Reimbursement Agreement, dated as of July 1, 2002 (the "Deposit Agreement"), by and between the City and the Bixby Land Company. The Deposit Agreement is hereby incorporated herein as though set forth in full herein. Section 12. Bixby Land Company has heretofore performed or constructed or caused to be performed or constructed certain work in-kind, and Bixby Land Company may perform or construct or cause to be performed or constructed additional work in-kind, constituting a part of the Facilities. The conditions under which any such work in-kind constituting a part of the Facilities may be accepted shall be specified in an agreement (the "Acquisition and Funding Agreement") to be entered into by the Community Facilities District and Bixby Land Company; provided, however, that, prior to the Cormnunity Facilities District's entering into such Agreement, such Agreement shall have been approved by resolution of the City Council. The City Council proposes to reimburse Bixby Land Company for the value or cost, whichever is less, of such work in-kind constituting a part of the Facilities as may be accepted, without interest, solely from the proceeds of special taxes levied within the Community Facilities District and the proceeds of special tax bonds issued by the Community Facilities District. The conditions under which the value or cost, whichever is less, of such work in-kind may be reimbursed to Bixby Land Company shall be specified in the Acquisition and Funding Agreement; provided, however,that such conditions shall include the condition that the proposed special tax be approved by the qualified electors of the Community Facilities District pursuant to the Act. Section 13. The officers and employees of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. Section 14. This Resolution shall take effect immediately upon its adoption. A-3 Section 15. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the file of original resolutions. PASSED,APPROVED AND ADOPTED this November 4, 2003. 7e"0- ? Karl N. Haws, Mayor .ATTEST: Lam Poyzer, C rk 1, Lorrie Poyzer, 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 4th day of November, 2003, by the following vote: AYES: Councilmembers Peppler, Gilbreath, George; Mayor Haws NOES: None ABSENT: Councilmember Harrison ABSTAIN: None Lo . Poyzer, Ci 1 k A-4 EXHIBIT"A" FACILITIES,COMPLETED FACILITIES AND INCIDENTAL EXPENSES Facilities The planned facilities are street improvements, including grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway and landscaping related thereto, sewers, storm drains, water distribution facilities, the construction or undergrounding of natural gas pipeline facilities, telephone lines, facilities for the transmission or distribution of electrical energy and cable television lines, and land, rights-of-way and casements necessary for any of such facilities. Incidental Expenses Incidental expenses proposed to be incurred include the following: (a) the cost of planning and designing public facilities to be financed, including the cost of environmental evaluations of those facilities; (b) the costs associated with the creation of the Community Facilities District, issuance of bonds, determination 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 Community Facilities District; and (c) any other expenses incidental to the construction, completion, and inspection of the authorized work. A-5