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HomeMy WebLinkAboutResolution - 2537 STATE OF CALIFORNIA ) RESOLUTION NO.2537 COUNTY OF RIVERSIDE ) Ss. CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING INTENTION TO ANNEX TERRITORY IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (CFD 2003-1)(FUTURE ANNEXATION TO CFD 2003-1) WHEREAS, the City Council of the City Of San Jacinto ("City Council"), desires to provide for the authorization to annex territory in the future to a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The Community Facilities District has been designated as Community Facilities District No. 2003-1 (the "District")', and, WHEREAS, it is determined to be within the public interest and convenience to establish a procedure to allow and provide for future annexations to the District and further to specify the amount of special taxes that would be levied within any territory annexed to the District and to set forth the terms and conditions for certification of any annexation in the future; and, NOW WHEREAS, the territory proposed to be annexed in the future shall be known and designated as Community Facilities District No. 2003-1 (Future Annexation Area) (the "Future Annexation Area"), and a map showing the territory proposed to be annexed in the future has been previously submitted and approved and a copy thereof shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, IT IS HEREBY RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Authorization. These proceedings to provide for future annexation to the District are authorized and initiated by this legislative body pursuant to the authorization of Section 53339.2 of the Government Code of the State of California. SECTION 3. Public Convenience and Necessity. This City Council hereby determines that the public convenience and necessity requires the establishment of a procedure to provide for and authorize the annexation in the future of territory to the District in order to finance the costs and expenses for the authorized public services and public facilities. Pagel of 5 SECTION 4_ Boundaries A general description of the territory included in the District is hereinafter described as follows: All that property and territory as proposed to be included within the District, as said property was shown on a map as approved by this City Council designated by the name of the District, a copy of which is on file in the Office of the Clerk, as well as the County Recorder. A description of the boundaries and territory proposed to be annexed to the District in the future is as follows: AI I that property and territory as shown on a map as previously approved by this legislative body, said map identified by the name of the District and further designated as the Future Annexation Area, a copy of which is on file in the Office of the Clerk and shall remain open for public inspection Future annexation proceedings may only be completed with the unanimous consent of the owner or owners of any parcel proposed for final annexation. SECTION 5. Name of District and Future Annexation Area. The name of the District is Community Facilities District No. 2003-1, and the designation for the Future Annexation Area shall be Community Facilities District No. 2003-1 (Future Annexation Area). SECTION 6. Public Services and Facilities. The types of public services to be financed from the levy of special taxes in the District, including the Future Annexation Area, are those described as fo I I ows: (a) Additional police protection services including, but not limited to, criminal justice services and (b) Additional fire suppression and fire protection services. Page 2 of 5 The public services shall to the maximum extent practicable, taking into account budgetary and operational demands of the City of San Jacinto, be provided in common within the District and the Future Annexation Area. SECTION 7. Special Taxes. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for the authorized public services and public facilities to be provided in the Future Annexation Area, secured by recordation of a continuing lien against all non- exempt real property in the Future Annexation Area, will be levied annually within the boundaries of that territory within the Future Annexation Area that is annexed to the District. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit"A", which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Future Annexation Area to clearly estimate the maximum amount that said person will have to pay on said special tax upon the annexation to the District of the territory owned by such owner or resided in by such resident. The special taxes, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner at this City Council or its designee shall determine, including direct billing of the affected property owners. Such special taxes shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the District. SECTION 8. Effective Date Of Future Annexation. Annexation in the future of territory within the Future Annexation Area to the District shall be effective upon the unanimous approval and election of the owner or owners of such territory at the time the territory is annexed, and no further public hearings or additional proceedings will be required to accomplish such annexation. SECTION 9. Public Hearing. Notice is given that on May 20, 2004, at the hour of 7.00 p.m., in the regular meeting place of the City Council being the offices of the City of San Jacinto located at San Jacinto Unified School District Board room, 2685 South San Jacinto Avenue, San Jacinto, California, a public hearing will be held where this City Council will consider the Page 3 of 5 establishment of a procedure to provide for and authorize the NOW annexation in the future of territory to the District in order to finance the costs and expenses for the authorized public services and public facilities, the proposed rate and method and apportionment of the special tax, and all other matters as set forth in this Resolution of Intention. At the above- mentioned time and place for public hearing any interested persons, including taxpayers and property owners may appear and be heard. The testimony of all interested persons for or against the establishment of the such procedure, the extent of the territory included in the Future Annexation Area, or the financing of authorized services and facilities, will be heard and considered. Any protests may be made orally or in writing, however, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing_ If a written majority protest against the establishment of the procedure to provide for and authorize the annexation in the future of territory to the District is filed, the proceedings shall be abandoned. SECTION 10. Notice. Notice of the time and place of the public hearing shall be given by the Secretary by publication thereof in a legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the dale set for the public hearing. Page 4 of 5 APPROVED and ADOPTED this the 151h day of April, 2004, by the following vote: r.. Ayes. Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None CITY OF SAN JACINTO 5 By_ im Ayre Vmayor ATTEST: D rothy Cho nard, City Clerk APPROVE TO FORM: City Attorney Best Best & Kreiger, LLP Page 5 of 5