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HomeMy WebLinkAbout6226_CCv0001.pdf RESOLUTION NO. 6226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS OF FORMATION OF THE CITY OF REDLANDS COMMUNITY FACILITIES DISTRICT NO. 2003-1 (REDLANDS BUSINESS CENTER), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT WHEREAS, on November 4, 2003, 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 "Community Facilities District") proposed to be named the City of Redlands Community Facilities District No. 2003-1 (Redlands .Business Center) pursuant to the Mello-Roos Community Facilities Act of 1982 (the"Act"); WHEREAS, on this date, the City Council conducted a public hearing originally noticed for December 16, 2003 and continued to this date on the establishment of the Community Facilities District, as required by the Act and the Resolution of Intention; 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; WHEREAS, at the hearing, the testimony of all interested persons and taxpayers for or against the establishment and the extent of the Community Facilities District was heard; and WHEREAS, no oral or written protests against the establishment and the extent of the Community Facilities 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 fellows: Section 1. The foregoing recitals are true and correct. Section 2. The Community Facilities District is hereby established pursuant to the Act. Section 3. The Community Facilities District is hereby named the "City of Redlands Community Facilities District No. 2003-1 (Redlands Business Center)". Section 4. Pursuant to the Act, the Community Facilities 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, DOCSI.A€:428385.4 which is by this reference incorporated herein. The incidental expenses proposed to be incurred in connection with the Community Facilities District are described under the caption "Incidental Expenses" on Exhibit A to the Resolution of Intention. Section S. The proposed special tax to be levied within the Community Facilities 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 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 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 Community Facilities 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 Community Facilities District has been recorded in San Bernardino County in Book 76 at Page 18 of Maps of Assessments and Community Facilities Districts in the San Bernardino County Recorder's Office. Section 10. The annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the Community Facilities District is hereby established at $9,600,000. DOCSI_A l:428385.4 2 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 Community Facilities District at a special election. The 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 12. 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 13. 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 Community Facilities District's entering into such Agreement, such Agreement shall have been approved by resolution of the City Council. To the extent pennitted by Section 53314.9 of the Act, 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 14. 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. DOCSLA 1:42$3$5:4 3 Section 15. This Resolution shall take effect immediately upon its adoption. APPROVED and ADOPTED by the City Council of the City of Redlands on January 6, 2004. Yayor of the City f edlands ATTEST: Cit Clerk of C' of?Redlands DOCSLA 1:428385.4 4 CITY CLERK'S CERTIFICATE 1, Lorne Poyzer, City Clerk 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 January 6, 2004, 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 resolution was adopted by the following vote: AWES: Councilmembers Gil, Gilbreath, George, Harrison; Mayor Peppler NOES: None ABSENT: None ABSTAIN: None Cit Jerk of th t of Redlands I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing resolution is a full, true and correct copy of the original resolution 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 in full force and effect. Dated: January 6, 2004 Ci y Jerk of t t of Redlands DOCS LA I:428335.4