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HomeMy WebLinkAboutResolution - 2539 STATE OF CALIFORNIA ) RESOLUTION NO.2539 COUNTY OF RIVERSIDE y ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2003-1 ANNEXATION NO. 3 THERETO WHEREAS, the City Council of the City Of San Jacinto, California (the "City Council"), has previously declared its intention and held and conducted proceedings relating to the annexation of territory (the "Annexation Area") to an existing community facilities district and an improvement area thereto 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 "Act") and the City of San Jacinto Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of San Jacinto under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Lain'). The existing Community Facilities District has been designated as Community Facilities District No. 2003-1 (the "District")- and, WHEREAS, notice of a public hearing relating to the annexation of such territory to the District, the extent of such territory, the financing of Authorized Services (as defined in Section 4 below) and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by fifty percent (50%) or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half (112) or more of the area of land within the Annexed Area or within the District, and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the ninety (90) preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of San Jacinto as follows: SECTION 1. Recitals. The above recitals are all true and correct. Page 1 of 7 SECTION 2 Determinations. It is determined by this City Council that: A. all proceedings to consider the annexation of the Annexation Area to the District prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Community Facilities District Law; B. the annexation of the Annexation Area to the District as proposed conforms with the policies of City of San Jacinto, C. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; D. the time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area, E. the City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than one hundred twenty-five (125) days following the adoption of any resolution annexing the Annexation Area to the District; and F. the Authorized Services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are in addition to maintenance provided to the Annexation Area before the annexation thereof to the District- Page 2 of 7 SECTION 3. Boundaries of Annexed Area. The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses of the Authorized Services are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map designated as Annexation Map No. 3 of Community Facilities District No. 2003-1, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 4. Description of Authorized Services. The services that are authorized to be financed by the District from the proceeds of special taxes levied within the District (the "Authorized Services") are generally described as (a) additional police protection services, including but not limited to, criminal justice services and (b) additional fire protection and suppression services throughout the District. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Authorized Services. The Authorized Services authorized to be financed by the District from the proceeds of special taxes levied within the District are also the Authorized Services to be provided in the Annexation Area. If and to the extent possible the Authorized Services shall be provided in common within the District and the Annexation Area. SECTION 5 Special Taxes. Except where funds are otherwise available a special tax, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area, is hereby authorized, subject to voter approval, to be levied within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area, reference is made to the attached and incorporated Exhibit A(the"Rate and Method of Apportionment'), which sets forth in sufficient detail the method of apportionment of the special tax to allow each landowner or resident within the Annexation Area to estimate the maximum amount that such person will have to pay. Such special tax shall be utilized to fund the Special Tax Page 3 of 7 Requirement as such term is defined in the Rate and Method ,NOW of Apportionment. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Under no circumstances will the special tax to be levied against any parcel within the Annexation Area used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent (10%). Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California against the property within the Annexation Area, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Annexation Area and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION 6. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes set forth in Section 5 above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5 above. Page 4 of 7 C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. SECTION 7. Election. The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners,with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the Annexation Area. The election shall be held on May 6, 2004, and such election shall be a special election to be conducted by the City Clerk (hereinafter"Election Official'). If the proposition for the levy of the special tax receives the approval of more than two-thirds (213) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution. SECTION 8. Ballot. The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 ANNEXATION MAP NO. 3 AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 2003-1 of the City of San Jacinto be authorized to levy special taxes, subject to the accountability measures set forth in Resolution No. 2476, within the territory identified in Annexation Map No. 3 to such district therein pursuant to the rate and method of apportionment of special taxes (the "Rate and Method") set forth in such resolution for the purpose of funding the Special Tax Requirement as such term is defined in the Rate and Method? SECTION 9. Vote. The appropriate mark placed in the line before the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the line Page 5 of 7 before the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 10. Election Procedure. This City Council hereby authorizes the Election Official to take any and all steps necessary for the holding of said election and ratifies any such steps previously taken by such Election Official, which were necessary for the holding of such election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election, F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed by the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct in the manner and form as required by law. Page 6 of 7 APPROVED AND ADOPTED this the 61h day of May, 2004, by the following vote: Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain: None CITY OF SAN JACINTO By <:;�L -�, L, Ayres, ayor ATTEST: Dckothy L. C uinard, City Clerk APPROVED AS : k6z,60�- i y Attorney Best Best & Krieger, LLP Page 7 of 7