RESOLUTION NO ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF RIALTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 (EL RANCHO VERDE), CANVASSING THE RESULTS OF THE SPECIAL ELECTION HELD WITHIN SAID COMMUNITY FACILITIES DISTRICT REGARDING CERTAIN MODIFICATIONS TO THE CITY OF RIALTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 (EL RANCHO VERDE) WHEREAS, the Legislative Body has previously conducted proceedings pertaining to certain modifications to the District, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”) being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and WHEREAS, the Legislative Body called and duly held a special election in the District pursuant to Resolution No. _____ (the “Resolution Calling Election”) adopted on September 13, 2022, for the purpose of presenting to the qualified electors the District a proposition (the “Proposition”) on modifications to the District to (a) eliminate of the designation of improvement areas within the District; (ii) modify the original rates and methods of apportionment to consolidate into one rate and method of apportionment and increase certain special tax rates as set forth in the Amended RMA as defined by Resolution No. 7953 adopted on August 9, 2022 (the “Resolution of Consideration”); (iii) increase the maximum bonded indebtedness for the District from the principal amount not to exceed $20,000,000 within Improvement Area No. 1 and $20,000,000 within Improvement Area No. 2, to not to exceed $50,000,000 within the District; (iv) modify the boundaries of the District to eliminate certain non-taxable property as set forth in the Amended Map as defined in the Resolution of Consideration; and (v) revise the appropriations limit for the District from the $20,000,000 for the Facilities Special Tax with respect to each Improvement Area and $250,000 (adjusted up by 3% annually) for the Services Special Tax for each Improvement Area to an amount equal to $50,000,000 for the Facilities Special Tax for the District and $700,000 (adjusted up by 3% annually) for the Services Special Tax for the District; all in accordance with the terms of the Resolution of Consideration; and WHEREAS, the sole landowners of record within the District as of the close of the public hearing held on September 13, 2022 unanimously consented to a waiver of the time limits for setting the election and a waiver of any written analysis, arguments or rebuttals as set forth in California Government Code sections 53326 and 53327. Such waivers are set forth in the written petition executed by the landowners which is on file with the City Clerk as election official (the “Election Official”) concurring therein; and WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Act, the special election was held on September 13, 2022; and WHEREAS, there has been presented to this Legislative Body a Certificate of the Election Official as to the Results of the Canvass of the Election Returns (the “Certificate of the Election Official”), a copy of which is attached hereto as Exhibit “A”.
WHEREAS, at such election the Proposition for making such modifications was approved by the qualified electors of the District.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rialto, acting as the legislative body of the City of Rialto Community Facilities District No. 2020-1 (El Rancho Verde), does hereby resolve as follows:
Section 1. The above recitals are true and correct.
Section 2. The canvass of the votes cast in the District at the special election held in the District on September 13, 2022, as shown in the Certificate of the Election Official attached hereto, is hereby approved and confirmed.
Section 3. The Proposition presented to the qualified electors of the District for receipt by the Election Official on September 13, 2022, has received a unanimous vote of the qualified electors voting at said election, and the Proposition has carried.
Section 4. The City Clerk is hereby directed to enter the title of this Resolution on the minutes of the Legislative Body and to indicate the official declaration of the result of such special election.
Section 5. This Resolution shall take effect immediately upon its adoption.
Section 6. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this _____ day of ___, 2022.
Deborah Robertson, Mayor, City of Rialto
ATTEST:
Barbara A. McGee, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF RIALTO )
I, Barbara A. McGee, City Clerk of the City of Rialto, DO HEREBY CERTIFY that he foregoing Resolution No. ____ was duly passed and adopted at a regular meeting of the City Council of the city of Rialto held on the ___ day of ____, 2022.
Upon motion of __________, seconded by ______, the foregoing Resolution No. ____ was duly passed and adopted.
VOTE ON THE MOTION
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal o the City of Rialto this ____ day of ____, 2022.
Barbara A. McGee, City Clerk
EXHIBIT “A”
CITY OF RIALTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (EL RANCHO VERDE)
CERTIFICATE OF THE ELECTION OFFICIAL
AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF RIALTO )
I, BARBARA McGEE, City Clerk in my capacity as Elections Official in the City of Rialto, California, in its capacity as the legislative body of the City of Rialto Community Facilities District No. 2020-1 (El Rancho Verde) (the “District”), DO HEREBY CERTIFY, that pursuant to the provisions of Section 53325.4 of the Government Code and Division 15, commencing with Section 15000 of the Elections Code of the State of California, I did canvass the return of the votes cast at the Special Election for Modification of Map, Tax Rates and Bond and Appropriations Limits on September 13, 2022, held in
CITY OF RIALTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (EL RANCHO VERDE) I FURTHER CERTIFY that the Statement of All Votes Cast, to which this certificate is attached, shows the total number of ballots cast within the property within the District for the Proposition, and the totals of the respective columns and the totals as shown for the Proposition are full, true and correct.
WITNESS my hand and Official Seal this 13th day of September, 2022.
CITY OF RIALTO, CALIFORNIA, acting as the LEGISLATIVE BODY OF THE CITY OF RIALTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 (EL RANCHO VERDE) By: ______________________________________
BARBARA McGEE, City Clerk
CITY OF RIALTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
(EL RANCHO VERDE)
STATEMENT OF ALL VOTES CAST
SPECIAL ELECTION
FOR MODIFICATION OF MAP, TAX RATES AND
BOND AND APPROPRIATIONS LIMITS
SEPTEMBER 13, 2022
Qualified Landowner Votes
Votes Cast
YES
NO
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