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HomeMy WebLinkAboutCC RES 14-41RESOLUTION NO. 14-41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014 -1 (TUSTIN LEGACY /STANDARD PACIFIC), DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE DISTRICT AND CALLING AN ELECTION THEREIN WHEREAS, on May 6, 2014, the City Council (the "City Council') of the City of Tustin, California, adopted Resolution No. 14 -34 (the "Resolution of Intention ") stating its intention to form the City of Tustin Community Facilities District No. 2014 -1 (Tustin Legacy /Standard Pacific) (the "Community Facilities District') pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act'); and WHEREAS, on May 6, 2014, the City Council also adopted Resolution No. 14 -35 stating its intention to incur bonded indebtedness for the proposed Community Facilities District in an amount not to exceed $29,000,000 to finance: (1) the purchase, construction, expansion, improvement or rehabilitation of public improvements identified in Exhibit B to the Resolution of Intention, including all furnishings, equipment and supplies related thereto (collectively, the "Facilities ") and (2) the incidental expenses to be incurred in financing the Facilities and forming and administering the Community Facilities District (the 'Incidental Expenses "); and WHEREAS, notice was published as required by law relative to the conducting of a public hearing by the City Council with respect to the formation of the proposed Community Facilities District and the incurrence of bonded indebtedness for the Community Facilities District; and WHEREAS, on June 17, 2014, the City Council opened a noticed public hearing to determine whether it should proceed to form the Community Facilities District, issue bonds to pay for the Facilities and Incidental Expenses and to authorize the rate and method of apportionment of a special tax to be levied within the Community Facilities District for the purposes described in the Resolution of Intention; and WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of a special tax and the issuance of bonds to pay for the cost of the proposed Facilities and Incidental Expenses were heard and a full and fair hearing was held; and WHEREAS, subsequent to such hearing the City Council adopted a resolution establishing the Community Facilities District (the 'Resolution of Formation "); and WHEREAS, the City Council desires to make the necessary findings to incur bonded indebtedness for the Community Facilities District, to declare the purpose for Resolution No. 14 -41 Page 1 of 4 said indebtedness, and to authorize the submittal of certain propositions relating to the Community Facilities District to the City, as the sole property owner therein, all as authorized and required by law; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF TUSTIN, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO 2014 -1 (TUSTIN LEGACY /STANDARD PACIFIC), AS FOLLOWS: Section 1. It is necessary to incur bonded indebtedness for the Community Facilities District in a maximum aggregate principal amount not to exceed $29,000,000. Section 2. The indebtedness is to be incurred for the purpose of financing the costs of purchasing, constructing, modifying, expanding, improving, or rehabilitating the Facilities, as described in the Resolution of Intention and the Resolution of Formation, financing the Incidental Expenses, and carrying out the powers and purposes of the Community Facilities District, including, but not limited to, financing the costs of selling the bonds, establishing and replenishing bond reserve funds and paying remarketing, credit enhancement and liquidity facility fees (including such fees for instruments which serve as the basis of a reserve fund in lieu of cash), administrative expenses and other expenses of the type authorized by Section 53345.3 of the Act. Section 3. The whole of the property within the Community Facilities District, other than property exempted from the special tax pursuant to the provisions of the rate and method of apportionment of special tax attached to the Resolution of Formation as Exhibit A, shall pay for the bonded indebtedness of the Community Facilities District pursuant to the levy of the special tax authorized by the Resolution of Formation. Section 4. The maximum term of the bonds to be issued shall in no event exceed forty (40) years. Section 5. The bonds shall bear interest at the rate or rates not to exceed the maximum interest rate permitted by law, payable annually or semiannually, or in part annually and in part semiannually, except the first interest payment may be for a period of less than six months, with the actual rate or rates and times of payment to be determined at the time or times of sale thereof. Section 6. The bonds may bear a variable or fixed interest rate, provided that such variable rate or the fixed rate shall not exceed the maximum rate permitted by Section 53531 of the California Government Code, or any other applicable provision of law limiting the maximum interest rate on the bonds. Section 7. Pursuant to Section 53351 of the Act, a special election is hereby called for the Community Facilities District on the proposition of incurring the bonded indebtedness. The proposition relative to incurring bonded indebtedness for the Community Facilities District shall be in the form set forth in Exhibit B to the Resolution of Formation. The election in the Community Facilities District on the proposition of Resolution No. 14 -41 Page 2 of 4 incurring bonded indebtedness shall be consolidated with the election and on the propositions to levy a special tax and to establish an appropriations limit for the Community Facilities District, which propositions shall be in the forms set forth in Exhibit B to the Resolution of Formation. Section 8. The date of the consolidated special election for the Community Facilities District shall be June 17, 2014, or such later date as is consented to by the City Clerk of the City of Tustin (the "City Clerk ") and the City, as the sole property owner within the Community Facilities District. The election shall be conducted by the City Clerk and the Mayor of the City of Tustin is hereby designated to vote on its behalf. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of the Resolution of Formation and this resolution; and all ballots shall be received by, and the City Clerk shall close the election by 8:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act. It is hereby found that there are fewer than 12 registered voters within the territory of the Community Facilities District and, pursuant to Section 533510) of the Act, the ballots for the special election shall be distributed in person to the City, as the sole landowner of record within the Community Facilities District, as of the close of the June 17, 2014 hearing regarding the formation of the Community Facilities District. The City shall have one vote for each acre or portion thereof that it owns within the Community Facilities District, as provided in Section 53326 of the Act. As the sole property owner within the Community Facilities District, the City hereby waives any requirement to publish this resolution pursuant to Section 53352 of the Act. Section 9. This Resolution shall be effective upon its adoption. PASSED AND ADOPTED by the City Council at a regular meeting held on the 17th day of June, 2014. Mayor ATTEST: cl� — 1�a- JEFFR :Y C. PARKER, City�l k` Resolution No. 14-41 Page 3 of 4 aVu1�� STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF TUSTIN ) I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 14 -41 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17`h day of June 2014, by the following vote: COUNCILPERSONS AYES: Murray, Puckett, Nielsen, Gomez. Bernstein (5) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: None (0) COUNCILPERSONS ABSENT: None (0) 44 C JEFF C. PARKER, City /le k/ Resolution No. 14-41 Page 4 of 4 0 0