PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS
TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO -ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES
THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT
1. The under
signed requests that the City Council of the City of San Bernardino (the “City”), initiate and conduct proceedings pursuant to the Mello- Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019- 1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district.
2. The under
signed requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.
3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The under
signed requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting.
5. Pur
suant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code.
6. The unde
rsigned hereby acknowledges and agrees that the measure submitted in connection with the special election referred to herein, as set forth in the ballot provided to the undersigned, asked voters whether or not the Community Facilities District should be authorized to levy a special tax in order to finance services (the "Services"), as specified in the Resolution No. 2019-081, adopted by the City Council of the City on June 5, 2019 (the “Resolution of Formation”). The Resolution of Formation described the Services to be financed by the Community Facilities District. The Rate and Method of Apportionment of the Special Tax for the Community Facilities District (the “Rate and Method”) is included in the ballot materials provided to the undersigned for the election (the “Ballot”). The Rate and Method contains detailed provisions specifying (i) the type of the Special Tax and the amount or rate of the Special Tax to be levied on each parcel of property in the Community Facilities District, (ii) the duration of the Special Tax (the fiscal year after which the Special Tax will no longer be levied), and (iii) the use of the revenue derived from the Special Tax to pay for the Services. The undersigned, having received and reviewed the Rate and Method and the Ballot will be, at the time it votes on the measure submitted to voters in the Ballot, in possession the type and amount or rate of the Special Tax, the duration of the Special Tax and the use of the revenue derived from the Special Tax, is fully informed with respect thereto and has a thorough understanding thereof.
7. The unde
rsigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this day of , 20 . [NA
ME OF LANDOWNER]
By:
Name:
Title:
OW
NER'S PROPERTY:
TRA
CT MAP OR PARCEL MAP NO.
or PROJECT NO.
OW
NER'S MAILING ADDRESS:
FIL
ED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS DAY OF , 20 .
City Clerk of the City Council of the
City of San Bernardino
CUP 22-09
1435 Highland, LLC
P.O. Box 7
Rialto, CA 92777
INSERT EXHIBIT A: BOUNDARY DESCRIPTION
PARCEL “A”:
THE NORTH 250 FEET OF LOT 4, BLOCK 7, ORANGE GROVE TRACT, WEST
HIGHLANDS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 14 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE WEST 200.00 FEET.
TOGETHER WITH THE SOUTH 8.75 FEET OF HIGHLAND AVENUE ADJOINING SAID
PREMISES ON THE NORTH AS VACATED BY ORDER OF THE BOARD OF
SUPERVISORS OF SAN BERNARDINO COUNTY, A CERTIFIED COPY OF SAID ORDER BEING RECORDED DECEMBER 27, 1926, IN BOOK 179, PAGE 38, OF OFFI CIAL
RECORDS.
CONTAINING 1.428 ACRES MORE OR LESS.
FUTURE PARCEL NO. 147-271-38
INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP
LOT MERGER
Acknowledgment Regarding Property to be Included into Community Facilities District No.
The dev
eloper/property owner of (Tract No. / Assessor’s Parcel No.) hereby acknowledges that:
If
the landscaping, drainage, lighting and eligible public improvements within the Community Facilities District No. the maintenance areas of ( Assessor’s Parcel Nos.) , wh ich is to be included in the Community Facilities District No. of the C ity of San Bernardino are completed prior to the levy and collection of special taxes upon property within said tract for the maintenance of such landscape and improvements, the developer/property owner will continue to be responsible for and will maintain the landscaping, drainage, lighting, and eligible public improvements within such maintenance areas at its sole expense, and the City will not assume responsibility for the maintenance of such landscaping, drainage, lighting and eligible public improvements until such time as the City is able to collect such special taxes to pay the costs of the maintenance of such landscaping, drainage, lighting, and eligible public improvements.
DATED: OWNER(S):
(Print Name)
(Signature)
(Title)
(Print Name)
(Signature)
(Title)
147-271-33
147-271-33
1435 Highland, LLC (Scott Beard)
Manager