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.
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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.
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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
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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.
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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
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