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HomeMy WebLinkAboutResolution - 2561 STATE OF CALIFORNIA ) RESOLUTION NO. 2561 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CFD 2003-2) APPROVING THE BUDGET AND LEVY OF SPECIAL TAXES FOR FY 2004105 (CFD 2003- 2 LEVY FOR FY 200412006) WHEREAS, the City Council ("City Council') of the City of San Jacinto ("City") has previously completed proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, commencing with Section 53311 of the Government Code of the State of California (the 'Act") to form Community Facilities District No. 2003-2 ("CFD No. 2003- 2"); and WHEREAS, the types of public facilities to be provided for and financed by the District are the costs of maintenance of sewer facilities, which have an estimated useful life of five years or longer ("Facilities"), within and surrounding the District and within and surrounding the area of any territory to be annexed to the District in the future and the costs associated with the determination of the amount of and collection of taxes, the payment of taxes and costs otherwise incurred in order to carry out the authorized purposes of the District; and WHEREAS, the special tax (Attachment A) shall be collected in the same manner as ordinary ad valorem property taxes are collected; and WHEREAS, all special taxes in this district are levied without regard to property valuation, and NOW, THEREFORE, The City Council of the City of San Jacinto does hereby resolve, determine and order as follows: Section 1. Pursuant to Section 53340 of the Act, the City hereby levies the special taxes on all nonexempt property (Attachment B) within CFD 2003-2 pursuant to the Rate and Method of Apportionment of the Special Tax for CFD 2003-2 (Attachment A). .� APPROVED AND ADOPTED this 15tt' day of July 2004 by the following vote: Ayes: Carlson-Buydos, Shaw, Stubblefield, Ayres Nays: None Absent: Conner Abstain: None CITY OF SAN JACINTO By: At— yres, layor ATTEST: LLWZ2:�L D rothy L. C inard, City Clerk APPROVED AS TO FORM: A City Attorney Best, Best & Krieger, Lt_P r.. Page 2 of 2 ATTACHMENT A CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-2 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES A Special Tax shall be levied and collected within the boundaries of the Community Facilities District No. 2003-2 ("CFD No. 2003-2") of the City Of San Jacinto ("City") each Fiscal Year, in an amount determined by the City Council ("Council") acting in its capacity as the legislative body of CFD No. 2003-2 through the application of the procedures described below. All of the real property in CFD No. 2003-2, unless exempted by the provisions hereof, shall be taxed to the extent and in the manner herein provided. A. DEFINITIONS The terms used herein shall have the following meanings: "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No_ 2003-2: the costs of preparing the annual budget to provide the required services; the costs of computing the Special Taxes and of preparing the annual Special Tax collection schedules; the costs of rn{lecting the Special Taxes; the costs of remitting the Special Taxes; costs of the City, including its legal counsel, in the discharge of the duties required of it under the Act, including public inquiries regarding the Special Taxes, the costs associated with the release of funds from any escrow account (to the extent not paid from other sources); the costs of the City or designee related to an appeal of the Special Tax and an allocable share of the salaries and overhead of the City staff directly relating to the foregoing; and the costs of the City or designee related to any rebate calculations for CFD No. 2003-2. Administrative Expenses shall also include amounts advanced by the City for any administrative purposes of CFD No. 2003-2. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "Bonds" means any bonds nr other indebtPdness (as defined in the Act), whether in one or more series, secured bythe levy of Special Taxes within CFD No. 2003-2. "CFD Administrator"means an official ofthe City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of Special Taxes. "City" means the City Of San Jacinto, or its successors. "Commercial" means parcels zoned or used for commercial, retail or industrial purposes as shown on County fax records "Council" means the City Council of the City Of San Jacinto, acting as the legislative body of CFD No, 2003-2. "County" means the County of Riverside, California. "Developed Property" means parcels with structures, buildings, or improvements , as shown on County records. "Equivalent Dwelling Units" or"EDU's" means the factor for use in calculating the Residential Special Tax, being the number of habitable units per Assessor's Parcel as shown on County tax records. "Exempt Property" means all property located within the boundaries of CFD No. 2D03-2 which is exempt from the Special Tax pursuant to Section E below_ "Fiscal Year' means the period starting on each July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C that can be levied by the City in any Fiscal Year on any Assessor's Parce . rr.. "Public Property" means property within the boundaries of CFD No. 2003-2 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or pr vate road right-of-way has been granted to the federal government, the State of California, the County, or any local government or other public agency, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "Residential" means all parcels zoned or used for residential purposes as shown on County tax records. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Square Foot/Feet" means the total amount of developed structures, as shown on County records. "Special Tax Requirement" means that amount with respect to Cl-U No. 2003-2 determined by the City or designee as required in any Fiscal Year to pay for: (1) all maintenance and repair services required to operate the sewer lift station facility serving Tract 29384 in the County of Riverside, (2) including all energy costs, labor and materials required to operate the station (3), reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year, (4) repayment of any funds forwarded to or by the City for allowed services, (5) and Administrative Expenses, (6) less availabfe funds, "Taxable Property" means all property located within the boundaries of CFD No. 2003-2 which is not exempt from the Speciaf Tax pursuant to Section E below. B. CLASSIFICATION OF PROPERTY Each Fiscal Year, all Taxable Propertywithin CFD No. 2003-2 shall be classified as Residential or Exempt Property, and shall be subject to the Special Tax in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. Once property has been classified as Developed Property. the Special Tax applicable thereto may not decrease. For purposes of determining the applicable Maximum Special Tax, all Taxable Property shall be assigned to the applicable classification set forth in Table 1 below. If more than one classification is applicable to a single Assessor's Parcel, the Maximum Special Tax for such Assessor's Parcel shall be the sum of the Maximum Special Tax for each such classification. Wi:h respect to Residential property, the number of Ei shall be determined by the number of actual residential units constructed or to be constructed on any Assessor's Parcel. C. MAXIMUM SPECIAL TAX RATE The Maximum Special Tax amounts are shown in the following table. TABLE 1 Maximum Special Taxes Community Facilities District No. 2003-2 Fiscal Year 2004-2005 Property Special Tax Classification Residential $2301EDU Exempt F NIA The Maximum Special Tax shall increase annually. The amount of the increase shall be 2% of the previous Fiscal Year's Maximum Special Tax. The increase shall commence with the 2005/2006 Fiscal Year, D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2004-2005 and for each following Fiscal Year Wthout cessation, the City shall determine the amount of money to be collected from Taxable Property in CFD No. 2003-2. The City shalt levy the Special Tax at up to the Maximum Rate until the levy equals the Special Tax Requirement, subject to the limitations specified in Section 53321(d) of the Act. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Assessor's Parcel used as a private residence be increased as a consequence of delinquency or default by the owner of any other Assessor's Parcel or Parcels within CFD No. 2003-2 by more than ten (10) percent per Fiscal Year, 144W pursuant to Section 53321(d) of the Act, as in effect on the date of formation of CFD No. 2003-2. E. EXEMPT PARCELS Tho Special Tax will not be levied against any property that is oxompt as follows: Public Property, non-developable parcels, and common area parcels within Residentia. complexes. Taxable parcels that are acquired by a public entity after formation of CFD 2003-2 shalt remain subject to the Special Tax pursuant to Section 53317.3 of the Act. F. TERM The Maximum Special Tax shall be levied as necessary to satisfy the Speciat Tax Requi,emen- without cessation. G. MANNER OF COLLECTION The Special Tax will be collected in the same manner, at the same time and be subject to the same penalties and interest as ordinary ad valorem property taxes. However, CFD No. 2003-2 may collect Special Taxes at a different time or in a different manner as determined by the City. if necessary to meet its financial obligations. H. PREPAYMENT OF SPECIAL_ TAX Not applicable. I_ INTERPRETATIONS AND APPEALS The Council reserves the rightto set administrative processes and pass resolutions intended to clarify the application of the Special Tax. In addition, the City reserves the rightto use the most accurate data available,through site audits or City records, if the County records are inaccurate or incomplete. An Appeals procedure will also be established for any property owner questioning the application of the Special Tax. This procedure will be administered by City staff and the CFD Administrator. If the review procedure is not acceptable to the property owner, the Council may review application of the Special Tax. The Council's decision will be the final interpretation. ATTACHMENT B CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-2 LEGAL DESCRIPTIONS Community Facilities District No. 2003-2 of the City of San Jacinto, County of Riverside, State of California, includes the land situated in the State of California, County of Riverside, City of San Jacinto, described as follows: THE EAST M2 OF THE SOUTHEAST 114 OF LOT 142 OF THE SAN JACINTO LAND ASSOCIATION LANDS, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE(S) 357, OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 431-090-023 CITY OF SAN JACINTO %mil COMMUNITY FACILITIES DISTRICT NO. 20C3-2 OWNERSHIP LIST ASSESSOR'S PARCEL NOS. OWNER'S NAME 431-090-023 Canaday Company/San Jacinto Partner, L.P.