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HomeMy WebLinkAbout6228_CCv0001.pdf RESOLUTION NO. 6228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS CALLING SPECIAL ELECTION FOR THE CITY OF REDLANDS COMMUNITY FACILITIES DISTRICT NO. 2003-1 (REDLANDS BUSINESS CENTER) 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. 2003-1 (Redlands Business Center), 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. 2003-1 (Redlands Business Center) (the "Community Facilities District"), authorizing the levy of a special tax within the Community Facilities District and establishing an appropriations limit for the Community Facilities 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. 2003-1 (Redlands Business Center)", deeming it necessary to incur bonded indebtedness in the maximum amount of$9,600,000; and WHEREAS, pursuant to the provisions of said resolutions, the propositions to incur bonded indebtedness, to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District are to be submitted to the qualified electors of the Community Facilities 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 1. Pursuant to Sections 53351, 53326 and 53325.7 of the Act, the propositions to incur bonded indebtedness, to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District shall be submitted to the qualified electors of the Community Facilities 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 Community Facilities District and to establish an appropriations limit for the Community Facilities 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 Community Facilities District for each of the 90 days DOCSLA C:428387.4 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 Community Facilities 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 Community Facilities District. Section 4. The City Council hereby determines that the facilities financed by the Community Facilities District were necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring in the Community Facilities District. Section 5. The City Council hereby calls a special election to submit to the qualified electors of the Community Facilities District the combined proposition to incur bonded indebtedness, to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District, which election shall be held at City Hall Council Chambers, 35 Cajon, Redlands California, on January 6, 2004. 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 Community Facilities District, and a sufficient description to allow the City Clerk to determine the boundaries of the Community Facilities District. The voted ballots shall be returned to the City Clerk not later than 4:30 p.m. on January 6, 2004; 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 b. 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 Community Facilities District a ballot in said forin. 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 L OCSLAl:428387.4 2 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 S. The City Clerk shall accept the ballots of the qualified electors in the City Clerk's office to and including 4:30 p.m. on January 6, 2004, whether said ballots be personally 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 electors of the Community Facilities District. There is on file with the City Clerk a written request and waiver executed by each of the qualified electors of the Community Facilities District requesting a shortening of the time for said special election to expedite the process of formation of the Community Facilities District and waiving any requirement for analysis and arguments in connection with the election. Accordingly, the City Council finds and deten-nines that said qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have 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 Community Facilities 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 Community Facilities District shall cause a report to be filed with the Community Facilities District no later than January 1 of each year, commencing January 1, 2005 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 Community Facilities District shall determine, and may be incorporated into any appropriate routine report to the Community Facilities District. »ocsr.Az:428397,4 3 Section 11. This Resolution shall take effect immediately upon its adoption. APPROVED and ADOPTED by the City Council of the City of Redlands on January b, 2004. r I'l ayor of the City oiKR'dlands ATTEST: City erk of thqWof Redlands D005LA 1:428387.4 4 CITY CLERK'S CERTIFICATE I, Lorrie 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: AYES: Councilmembers Gil, Gilbreath, George, Harrison; Mayer Peppler NOES: None ABSENT: None ABSTAIN: None _y Ci Clerk of Co y 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 City lerk of the . f Redlands DOCSLA 1:428385.4 EXHIBIT A OFFICIAL BALLOT SAW BERNARDINO COUNTY JANUARY 6, 2004 SPECIAL ELECTION This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Redlands no later than 4:30 p.m. on January 6, 2004, either by mail or in person. The City Clerk's office is located at 35 Cajon Redlands, California 92373-1505. INSTRUCTIONS TO VOTERS: To vote on the measure, mark a cross (+) in the voting square after the word "YES" or after the word "NO". All distinguishing marks or erasures are forbidden and make the ballot void. if you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Redlands and obtain another. CITY OF REDLANDS COMMUNITY FACILITIES DISTRICT NO. 2003-1 (REDLANDS BUSINESS CENTER) MEASURE SUBMITTED TO VOTE OF VOTERS: Shall the City of Redlands Community Facilities District No.2003- 1 (Redlands Business Center) (the "Community Facilities District") be authorized to incur bonded indebtedness in a maximum amount of not to exceed $9,600,000 and levy a special tax in order to finance certain public facilities, and shall the annual appropriations limit of the Community Yes: Facilities District be established in the amount of$9,600,000, all as specified in the resolution entitled "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 No: Special Tax within the District and Establishing an Appropriations Limit for the District" and the 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. 2003-1 (Redlands Business Center)", adopted by the City Council of the City of Redlands on January 6, 2004? uOCSLAI:428387.4 A-1. 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. By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Sections 53326(a) and 53327(b) of the Mello-Roos Community Facilities Act of 1982. Number of Votes: Landowner: Landowner DOCSLA i:428387.4 A-2