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. 2024-1 (RENAISSANCE), DECLARING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $25,000,000 AND CALLING A SPECIAL ELECTION WHEREAS, The City Council of the City of Rialto, California (the “City Council”), in its capacity as the legislative body (the “Legislative Body”) of the City of Rialto Community Facilities District No. 2024-1 (Renaissance) (the “District”), does hereby resolve as follows:
WHEREAS, the City Council (the “Council”) of the City of Rialto, California (the “City”), on July 23, 2024, adopted its Resolution No. 8255, stating its intention to form the District consisting of certain property within the City 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, pursuant to Resolution No. 8256, the Council declared its intention to finance certain facilities and incidental expenses through the incurrence of bonded indebtedness in an amount not to exceed $25,000,000 for the District; and WHEREAS, on September 10, 2024, the Council held a public hearing as required by law and the Act on all matters pertaining to the formation of the District, including the boundaries of the District, the special taxes relating to the District (the “Special Taxes”), including the special tax for certain facilities (the “Special Tax A”) and the special tax for certain services (the “Special Tax B”) within the District, the description of the authorized facilities (the “Facilities”) and the authorized services (the “Services”) and the incurrence of bonded indebtedness; and WHEREAS, at said hearing all persons not exempt from the special taxes of the District desiring to be heard on all matters pertaining to the District were heard and a full and fair hearing was held, and such matters were not precluded by a majority protest; and WHEREAS, following said public hearing, the Council adopted its resolution determining the validity of prior proceedings, establishing the District, authorizing the levy of the Special Taxes within the District to fund the Facilities and Services within the boundaries of the District and establishing an appropriations limit (the “Resolution of Formation”); and WHEREAS, in order to finance the Facilities it is necessary to incur bonded indebtedness in the aggregate amount of not to exceed $25,000,000, the repayment of which is to be secured by Special Tax A to be levied in accordance with Section 53340 et seq. of the Act and the Rate and Method of Apportionment on certain properties within the District; and WHEREAS, the map of the boundaries of the District (the “Map”) has been recorded in the Office of the County Recorder of San Bernardino County, California in Book 91, Page 83 of the Book of Maps of Assessment and Community Facilities Districts, as Document Number 2024-0185053; and WHEREAS, this Legislative Body wishes to present to the qualified electors of the District propositions for the levy of the Special Taxes on property within the District and the authorization of bonded indebtedness secured by the Special Tax A pursuant to the Act and the establishment of an annual appropriations limit for the District as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution.
NOW, THEREFORE, the City Council of the City of Rialto, acting as the legislative body of the City of Rialto Community Facilities District No. 2024-1 (Renaissance), hereby resolves as follows:
SECTION 1. It is necessary for the District to incur bonded indebtedness in the aggregate principal amount of not to exceed $25,000,000 to finance the costs of the Facilities. The District has determined that the whole of the District shall pay for the bonded indebtedness.
SECTION 2. The bonded indebtedness will be incurred for the purpose of financing the costs of acquiring the Facilities, the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance the Facilities which are permitted to be financed pursuant to the Act.
SECTION 3. The bonds shall be issued in one or more series bearing interest payable semi-annually or in such other manner as the Council shall determine at a maximum interest rate of 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued. The term of the bonds shall be determined pursuant to a resolution of the Council authorizing the issuance of the bonds, but such term shall in no event exceed 40 years or such longer term as is then permitted by law.
SECTION 4. Pursuant to and in compliance with the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, the Council hereby establishes the following accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the District:
(a) Such bonded indebtedness shall be incurred for the specific purposes set forth in Section 2 above. (b) The proceeds of any such bonded indebtedness shall be applied only to the specific purposes identified in Section 2 above. (c) The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account or accounts into which the proceeds of such bonded indebtedness shall be deposited. (d) The Finance Director, or his or her designee, acting for and on behalf of the City, shall annually file a report with the Council as required by Government Code Section 53411.
SECTION 5. Pursuant to Government Code Sections 53326 and 53353.5, the Council hereby determines to submit to the qualified electors of the District a combined proposition (the “Proposition”) to: (I) (a) levy the Special Tax A on property within the District in accordance with the rate and method of apportionment specified in the Resolution of Formation; (b) levy the Special Tax B on property within the District in accordance with the rate and method of apportionment specified in the Resolution of Formation; and (c) incur bonded indebtedness in the aggregate principal amount of not to exceed $25,000,000 to be secured by the Special Tax A; and (II) establish an annual appropriations limit as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution. Said annual appropriations limit shall initially equal $25,000,000. The form of the Proposition is attached as Exhibit “A.” SECTION 6. A special election is hereby called for the District on the Proposition set forth in Section 5 above.
SECTION 7. The time for notice having been waived by all of the qualified electors, the date of the special election on the Proposition shall be on the 10th day of September, 2024.
SECTION 8. There being no registered voters residing within the territory of the District at the time of the protest hearing and ninety (90) days prior thereto, there being less than twelve (12) landowners in the District, and the requirements of Section 53326 of the Act having been waived by all landowners, the ballot for the special election shall be personally delivered to each landowner within the District. Each landowner shall have one (1) vote for each acre or portion thereof that it owns within the District, as provided by Section 53326 of the Act. The voter ballot shall be returned to the City Clerk at 150 South Palm Avenue, Rialto, California 92376, no later than 11:00 p.m. on September 10, 2024. However, the election may be closed within the concurrence of the City Clerk, as soon as all of the ballots are returned.
SECTION 9. The City Clerk shall personally deliver or cause the personal delivery of the ballots to the landowner(s) upon adoption of this Resolution.
SECTION 10. Notice of said election and written argument for or against the Proposition have been waived by the landowner(s).
SECTION 11. The District shall constitute a single election precinct for the purpose of holding said election.
SECTION 12. The Legislative Body hereby directs that the election be conducted by the City Clerk of the City, as the elections official.
SECTION 13. This Resolution shall take effect immediately upon its adoption.
SECTION 14. The City Clerk shall certify to the passage and adoption of this Resolution.
SECTION 15. The Mayor shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 10th day of SEPTEMBER, 2024. _________________________________
DEBORAH ROBERTSON, MAYOR
ATTEST:
__________________________________
BARBARA 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 MCGEE, City Clerk of the City of Rialto, do hereby certify that the 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 ___________________, 2024.
Upon motion of Councilmember _______________, seconded by Councilmember ___________________, 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 of the City of Rialto this ______ day of __________________, 2024. ________________________________
BARBARA MCGEE, CITY CLERK
EXHIBIT A
FORM OF OFFICIAL BALLOT
CITY OF RIALTO
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(RENAISSANCE)
SPECIAL ELECTION
FOR SPECIAL TAX, BOND AND APPROPRIATIONS LIMITS
September 10, 2024
To vote, mark an “X” in the voting square after the word “YES” or after the word “NO.” All marks otherwise made are forbidden.
This ballot is provided to ___________________________, as owner or authorized representative of such owner of land within City of Rialto Community Facilities District No. 2024-1 (Renaissance), and represents votes.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Rialto at 150 South Palm Avenue, Rialto, California 92376.
YESNOYESNOPROPOSITION: Shall the City of Rialto Community Facilities District No. 2024-1 (Renaissance) (the “CFD”), be authorized to levy special taxes in order to finance certain facilities and services and, subject to the accountability measures, incur bonded indebtedness in a maximum amount not to exceed $25,000,000, and shall the annual appropriations limit of the CFD be established in the amount of $25,000,000, all as specified in the Resolution of Formation and Resolution Calling a Special Election adopted by the City Council of the City of Rialto on September 10, 2024? YES
NO
YES
NO
CITY OF RIALTO COMMUNITY FACILITIES DISTRICT NO. 2024-1 (RENAISSANCE)
SPECIAL ELECTION
FOR SPECIAL TAX, BOND AND APPROPRIATIONS LIMITS
September 10, 2024
VOTER IDENTIFICATION CERTIFICATION
The undersigned hereby declares under penalty of perjury as follows:
I have been duly authorized to cast ballots on behalf of the Landowner as set forth below:
By execution hereof I also certify that there were no registered voters in the property of the above-referenced District for the 90 day period preceding and including September 10, 2024.
LANDOWNER: _______________________________
By: ___________________________________________
Name: ________________________________________
Title: ________________________________________
NAME OF VOTER:_________________________________________ ADDRESS OF VOTER:______________________________________ DATE OF SIGNING:________________________________________ PLACE OF SIGNING: AT ADDRESS ABOVE
FAILURE TO COMPLETE THE ABOVE INFORMATION WILL INVALIDATE YOUR BALLOT.
Please Return With Ballot
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