HomeMy WebLinkAboutResolution - 2543 STATE OF CALIFORNIA ) RESOLUTION NO. 2543
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA
AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
WHEREAS, the City Council of the City Of San Jacinto (the "City Council'), has
declared its intention, conducted proceedings and held a public hearing relating to the
authorization to annex territory in the future to Community Facilities District No. 2003-1
(the "District") pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982" (the "Act'), 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; and
WHEREAS, notice of such public hearing was given in the form and manner as
required by the Act, and.
WHEREAS, all communications relating to the authorization to annex territory in the
future were presented at such public hearing, and it has further been determined that a
majority protest as defined by Government Code Section 53339.6 has not been received
against the proposed annexation in the future to the District; and,
WHEREAS, it has now been determined to be within the best 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 in any future
annexation area, as well as setting forth the terms and conditions for certification of any
annexation in the future, and,
WHEREAS, the area 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 of the area proposed to be
annexed in the future has been submitted, which said map has been previously approved
by this City Council and a copy of said map shall be kept on file with the transcript of these
proceedings.
NOW, THEREFORE, BE IT 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. Determinations. It is hereby determined by this City Council as
follows:
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A. All prior proceedings pertaining to the annexation of the
�► Future Annexation Area to the District in the future were
valid and taken in conformity with the requirements of
the law, and specifically the provisions of the Act, and
that this finding and determination is made pursuant to
the provisions of Government Code Section 53325.1.
B. The written protests against the annexation of the
Future Annexation Area to the District received do not
represent a majority protest as defined by the
Government Code Section 53339.E and, therefore, the
annexation of the Future Annexation Area to the District
in the future has not been precluded by majority protest
pursuant to Government Code Section 53339.6.
C. The public convenience and necessity require a
procedure to authorize and provide for territory to be
annexed in the future to the District in order to finance
the costs and expenses necessary to provide the public
services and public facilities described below.
D. The annexation of the Future Annexation Area to the
District in the future as proposed conforms with the City
+� of San Jacinto statement of goals and policies
regarding the establishment of community facilities
districts.
E. The provision for the annexation of the Future
Annexation Area to the District in the future and the
authorization to levy special taxes within the Future
Annexation Area upon the annexation thereof to the
District to finance the public services and the public
facilities described below does not constitute a
commitment to finance any specific project which may
result in a potentially significant physical impact on the
environment. Such annexation and such authorization
to levy special taxes constitutes the creation of a
government funding mechanism which does not involve
the commitment to any specific project which may result
in a potentially significant physical impact on the
environment. Therefore, the provision for the
annexation of the Future Annexation Area to the District
in the future and the authorization to levy special taxes
within the Future Annexation Area upon the annexation
thereof to the District does not constitute a "project'
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which is subject to the provisions of the California
Environmental Quality Act (California Public Resources
Code Section 21000 and following).
SECTION 3. Annexation Authority. This legislative body does
hereby authorize for the annexation of territory in the
future pursuant to the provisions and authorization of
Article 3.5 of the Act.
SECTION 4. Description of the Future Annexation Area. A
description of the Future Annexation Area is attached
in the boundary map set forth in Exhibit "A" hereto.
SECTION 5 Description of 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 follows:
(a) additional police protection services, including but
not limited to, criminal justice services and
(b) additional fire protection and suppression services.
The public services and public facilities 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 fi_ Special Taxes. It is the intention of this legislative body
that, except where funds are otherwise available, a
special tax sufficient to pay for such services 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 the Future
Annexation Area. The special taxes shall be those as
originally authorized through the formation of the
District and adopted by ordinance of this legislative
body, and no changes or modifications are proposed in
the special taxes from those as originally set forth and
made applicable to the District.
For particulars as to the rate and method of
apportionment of the proposed special tax, reference is
N"W made to the attached and incorporated Exhibit "B",
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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 annual amount that said person will have
to pay on said special tax.
The proposed special taxes 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; however, as applicable, this
legislative body may establish and adopt an alternate or
supplemental procedure as necessary. 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 7. 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 described in
Section 7 above'.
A. Each such special tax shall be levied for the
specific purposes set forth in Section 7 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 7 above.
C. The District shall establish a separate account
into which the proceeds of each such special tax
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.
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SECTION 8. Annexation Effective Date. Annexation of territory in
the Future Annexation Area to the District in the future
shall be effective only upon the unanimous approval of
the owner or owners of each parcel or parcels to the
annexation of such parcel or parcels and the election
by such owner or owners to subject such parcel or
parcels to the levy of the special tax at the time that any
parcel is proposed for annexation. Upon receipt of the
written consent and the election by such owner or
owners, no further public hearings will be required to
effectuate the annexation of such parcel or parcels to
the District.
SECTION 9. Annexation Required as Condition of Approval of Land
Use Entitlements. Annexation of territory within the
Future Annexation Area shall be a condition precedent
to the approval by or the consent of the City of San
Jacinto of any discretionary land use entitlement for the
use or development of territory within the Future
Annexation Area. The Fire Chief is hereby directed to
take any and all action necessary to implement this
requirement.
NRV-
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APPROVED and ADOPTED this 3`d day of June, 2004 by the following vote:
Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres
Nays: None
Absent: None
Abstain. None
CITY OF SAN JACINTO
By:
m Ay re Mayor
ATTEST.-
Dijothy L. Ch inard, City Clerk
I
APPROVED AS TO FORM:
6 Vn
tto rney
Best Best & Kreiger, LLP
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