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CC Resolution 1995-089^!I II F RESOLUTION NO.95-89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUNTA DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $12,000,000 WITIIIN COMMUNITY FACILITIES DISTRICT NO.95-i AND CALLING AN ELECTION THEREIN WHEREAS, on October 17,1995, the City Council of the City of La Quinta the City Council") adopted Resolution No.95-73 stating its intention to form Community Facilities District No.95-i of the City of La Quinta Community Facilities District No.95-i" or the District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended the Act"); and WHEREAS, on October 17, 1995, the City Council also adopted Resolution No.95-74 stating its intention to incur bonded indebtedness in the amount of $12,000,000 within proposed Community Facilities District No.95-i for the purpose of financing the construction, purchase, modification, expansion, improvement or rehabilitation of water facilities, sanitary sewers, streets, storm drainage facilities, utilities, parks, landscaping, and other infrastructure improvements and relocations, including traffic signalization and improvements to street intersections the Facilities") and to finance the incidental expenses to be incurred the Incidental Expenses"), all as more fully described in Resolution No.95-73 to serve the area with in Community Facilities District No.95-i; and WHEREAS, notice was published as required by law relative to the intention of the City Council to form proposed Community Facilities District No.95-i and to incur bonded indebtedness in the amount of $12,000,000 within the boundaries of proposed Community Facilities District No.95-i; and WHEREAS, on November 21, 1995, this City Council held noticed public hearings as required by law to determine whether it should proceed with the formation of Community Facilities District No.95-i, issue bonds to pay for the Facilities and authorize the rate and method of apportionment of a special tax to be levied within Community Facilities District No. 95-1 for the purposes described in Resolution No.95-73; and WHEREAS, at said hearings all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No.95-i, the levy of a special tax and the issuance of bonds to pay for the cost of the proposed Facilities were heard and full and fair hearings were held; and WHEREAS, the City Council subsequent to such hearings adopted Resolution No.95-88 establishing Community Facilities District No. 95-i the Resolution of Formation"); and WHEREAS, the City Council desires to make the necessary findings to incur bonded indebtedness within the District, to declare the purpose for said debt, and to authorize the BIB] 08-20-1998-U01 02:43:21PM-U01 ADMIN-U01 CCRES-U02 95-U02 89-U02 ^!I I * I I I I submittal of a combined proposition to the voters of the District, being the landowner of all land within the proposed District, all as authorized and required by law; and WHEREAS, the owner of all land within Community Facilities District No.95-i has filed with the City Clerk a Waiver of Certain Election Procedures With Respect to Landowner Election for Community Facilities District No. 95-1 of the City of La Quinta. THE CITY COUNCIL OF THE CITY OF LA QUINTA HEREBY FINDS, DETEII*NES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. It is necessary to incur bonded indebtedness in a maximum aggregate principal amount not to exceed $12,000,000 within Community Facilities District No.95-i. Section 2. The indebtedness is to be incurred for the purpose of financing the costs of constructing, purchasing, modi*ing, expanding, improving, or rehabilitating the Facilities, as described in Resolution No.95-73, to finance the Incidental Expenses to be incurred in creating Community Facilities District No.95-i, and carrying out the powers and purposes of Community Facilities District No.95-i, including, but not limited to, the costs of selling bonds to finance the Facilities, establishing and replenishing bond reserve flinds and paying remarketing, credit enhancement and liquidity facility fees and other expenses of the type authorized by Section 53345.3 of the Act. Section 3. The whole of the property within Community Facilities District No.95-i, other than property exempted from the special tax pursuant to the provisions of the rate and method of apportionment attached to the Resolution of Formation, shall pay for the bonded indebtedness 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. Se*ion 5. The bonds shall bear interest at the rate or rates not to exceed the maximum interest rate permitted by law, payable 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 issued by Community Facilities District No.95-i 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 Act, 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 Community Facilities District No.95-i on the proposition of incurring the bonded indebtedness. The proposition relative to incurring bonded indebtedness in the maximum aggregate principal amount of $12,000,000 shall be combined with the proposition authorizing the levy of the special tax within Community Facilities District No.95-i into one ballot proposition pursuant to Section 53353.5 of the Act. The combined proposition shall be in the form of Proposition A attached hereto as Exhibit A. pUBL:32396*1 10141Bzs88.00022 2 BIB] 08-20-1998-U01 02:43:21PM-U01 ADMIN-U01 CCRES-U02 95-U02 89-U02 ^!I I I * I I I I Section 8. The date of the special election for Community Facilities District No.95-i on the proposition of incurring the bonded indebtedness and authorizing the levy of the special tax shall be on November 21, 1995. The election shall be conducted by the City Clerk of the City of La Quinta. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of La Quinta 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 to close the election when all ballots have been cast as provided in Section 53326(d) of the Government Code. PASSED, APPROVED AND ADOI*fl*D ThIS 21 DAY OF November, 1995. Mayor La Quinta SEAL) Att t ity Clerk of the Ci of La Quinta Pu*L.32396_110141B255S.00022 3 BIB] 08-20-1998-U01 02:43:21PM-U01 ADMIN-U01 CCRES-U02 95-U02 89-U02 ^!I I * I II STATh OF CALIFORNIA 55. COUNTY OF RIVERSIDE I, Saundra Juhola, City Clerk of the City of La Quinta, California do hereby certify that the foregoing Resolution No. 95-89 was duly adopted by the City Council of said City at a meeting of said City Council held on the 21St day of *mber, 1995, and that it was so adopted by the following vote: AYES: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None PuBL:32396*1 Io14**588.ooo22 4 BIB] 08-20-1998-U01 02:43:21PM-U01 ADMIN-U01 CCRES-U02 95-U02 89-U02 ^!I I I I I I STATh OF CALIFORNIA ss. COUNTY OF RIVERSDE I, Saundra Juhola, City Clerk of the City of La Ouinta, California do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 95-89 of said City Council, and that the same has not been amended or repealed. Dated: * 1995 City Clerk of the City of La Ouinta PuEL.32396*1 10141 *588.OOO22 5 BIB] 08-20-1998-U01 02:43:21PM-U01 ADMIN-U01 CCRES-U02 95-U02 89-U02 ^!I I I * I I I EXRIBIT A BALLOT PROPOSITION COMMIINITY FACILITIES DISTRICT NO.95-i OF ThE CITY OF LA QUINTA SPECIAL TAX AND SPECIAL BOND ELE*ON PROPOSITION NO. A: Shall Community Facilities District No. 95-* of the City of La Ouinta the District") be authorized to incur an indebtedness and issue bonds in the maximum aggregate principal amount of $12,OO(),OOO, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, the proceeds of which will be used to finance the construction, purchase, modification, expansion, improvement or rehabilitation of water facilities, sanitary YES sewers, streets, storm drainage facilities, utilities, parks, landscaping, and other infrastructure improvements and relocations, including traffic signalization and improvements to street intersections the Facilities"), and to finance the incidental expenses the Incidental Expenses"), incurred and to be incurred in connection with the financing of the Facilities and the issuance of the bonds as provided in Resolution NO No.95-73 of the City Council of the City of La Quinta the Resolution"), and shall a special tax with a rate or rates and method of apportionment as provided in the Resolution be levied to pay for the facilities, for the creation or replenishment of any necessary reserve funds, for any incidental expenses of the District, for any expenses associated with the Facilities, the Incidental Expenses or the bonds, and for the payment of the principal of and interest on such bonds? PROPOSITION B: For each year commencing with Fiscal Year 1996/97, shall the appropriations limit, as defined by YES subdivision 11) of Section 8 of Article XIII B of the California Constitution, for Community Facilities District No.95-i an amount NO equal to the amount of the maximum special tax. puBL.32396*1 10141B2588.00022 6 BIB] 08-20-1998-U01 02:43:21PM-U01 ADMIN-U01 CCRES-U02 95-U02 89-U02