HomeMy WebLinkAboutResolution - 2372 STATE OF CALIFORNIA,) RESOLUTION NO. 2372
COUNTY OF RIVERSIDE) SS
CITY OF SAN JACINTO )
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO DETERMINING THE
NECESSITY FOR CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT,' NO.2002-1
(RANCHO SAN JACINTO, PHASE 2) TO INCUR A
BONDED INDEBTEDNESS IN AN ORIGINAL
AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $20,000,000, FOR PROVIDING PUBLIC
FACILITIES WITHIN AND FOR THE COMMUNITY
FACILITIES DISTRICT AND CALLING'A SPECIAL
ELECTION FOR THE COMMUNITY, .FACILITIES
DISTRICT ON A PROPOSITION FOR INCURRING
SUCH BONDED INDEBTEDNESS
WHEREAS, the City of San Jacinto (the "City") has formed its
Community Facilities District No. 2 ("CFD No. 2") and, in connection therewith,
has issued its 1989 Special Tax Bonds in the original principal amount of
$26,000,000 (the "1989 Bonds") which are secured by special taxes levied by the
City on property within the boundaries of CFD No. 2, and because of the
delinquent payment of the special taxes levied in CFD No. 2, the 1989 Bonds are
currently in default in the payment of the principal and interest with respect
thereto.
WHEREAS, on August 1, 2002, the City Council (the "City Council")
of the City, pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2
of Title 5 of the California Government Code (the "Act"), adopted Resolution
No. 2365 declaring the necessity for City of San Jacinto Community Facilities
District No. 2002-1 (Rancho San Jacinto, Phase 2), County of Riverside, State of
California (the "Community Facilities District") to incur indebtedness in the
Community Facilities District for the purpose of (a) refinancing and causing the
redemption of a portion of outstanding special tax bonds of CFD No. 2 and to
cause the special taxes with respect to CFD No. 2 levied on taxable real property
within the Community Facilities District to be deemed paid and satisfied, and
(b) paying the incidental expenses associated with the creation of the Community
Facilities District, issuance of bonds thereof, the determination of the amount and
collection of the special taxes, and the payment of special taxes, and costs
otherwise incurred in order to carry out the authorized purposes of the
Community Facilities District; and that the Community Facilities District be
authorized to issue bonds and incur a bonded indebtedness for such purposes in
the original aggregate principal amount of$20,000,000; and
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WHEREAS, notice of the hearing was published and mailed as
m required by Jaw, and on September 10,2002, at the time and place of the hearing
as set forth in Resolution No. 2365 and the notice thereof, the City Council
conducted the hearing and afforded all persons interested, including persons
owning property within the Community Facilities District, an opportunity to be
heard on the proposed 'authorization to incur bonded indebtedness, and no
protests were received; and
WHEREAS, on September 10, 2002, the City Council adopted the
Resolution of Formation pursuant to Section 53325.1 (a) of the California
Government Code, establishing the Community Facilities District; and
WHEREAS, the City Council has determined that it is necessary for
the Community Facilities District to incur bonded indebtedness to refinance the
costs of public facilities which are necessary to the development of the property
therein;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND
ORDERED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS
FOLLOWS:
Section 1. Necessity. It is necessary for the Community Facilities
District to incur bonded indebtedness in an original aggregate principal amount
not to exceed $20,000,000 to refinance the costs of public facilities specified in
the Resolution of Formation (the "Facilities").-
(a) The types of public facilities proposed to be provided for and
financed by the Community Facilities District are:
(1 ) The cost to refinance and defease a portion of special
tax bonds issued with respect to CFD No. 2; and
(2) To cause the special taxes levied with respect to CFD
No. 2 on taxable real property within the boundaries
of the Community Facilities District to be deemed paid
and satisfied.
(b) The incidental expenses which will be incurred are all costs
associated with the creation of the Community Facilities District , issuance of the
bonds thereof, the determination of the amount of and collection of taxes, and the
payment of taxes, and costs otherwise incurred in order to carry out the
authorized purposes of the Community Facilities District.
Section 2. Payment of Bonded Indebtedness. Pursuant to
Section 4 of the Resolution of Formation, all parcels of taxable property within the
Community Facilities District shall be subject to the levy of special taxes to pay
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the principal of and interest on the bonds thereof which may be issued and sold
to to finance the Facilities which are of benefit to all such parcels.
Section 3. Amount of Debt Terms of Bonds. The original
aggregate principal amount of the bonded indebtedness to be incurred by the
Community Facilities District shall not exceed $20,000,000. The maximum term
of the bonds shall not exceed 35 years. The maximum annual rate of interest to
be paid semiannually on the bonds shall not exceed 12 percent per annum or
such other rate as may be the maximum interest rate permitted by law.
Section 4. Proposition to be Submitted to Voters. The proposition
to be submitted to the voters within the Community,Facilities District with respect
to the proposed bonded indebtedness shall be as follows:
Shall a bonded indebtedness in an original aggregate principal
amount not to exceed $20,000,000 be incurred by and for City of
San Jacinto Community Facilities District No. 2002-1 (Rancho San
Jacinto, Phase 2) County of Riverside, State of California (the
"Community Facilities District"), for a maximum term of not more
than 35 years and with interest at a rate or rates not to exceed the
maximum interest rate permitted by law, for the purposes of
providing (i) The cost to refinance and defease a portion of special
tax bonds issued with respect to CFD No. 2; (ii) To cause the
special taxes levied with respect to CFD No. 2 on taxable real
property within the boundaries of the Community Facilities District
to be deemed paid and satisfied; and (iii) The incidental expenses
which will be incurred are all costs associated with the creation of
the Community Facilities District, issuance of the bonds thereof, the
determination of the amount of and collection of taxes, and the
payment of taxes, and costs otherwise incurred in order to carry out
the authorized purposes of the Community Facilities District?
Section 5. Elections. The date of the special election with respect
to the incurring of the aforementioned bonded indebtedness, at which time the
proposition set forth in Section 4 hereof shall be submitted to the voters of the
Community Facilities District, is September 10, 2002, and that special election is
hereby called for that date. The special election shall be consolidated with the
special election with respect to the propositions for (i) the levy of special taxes for
the payment of the principal of and interest on the bonds of the Community
Facilities District and to pay or accumulate funds for paying the costs of public
facilities, and (ii) establishing an appropriations limit for the Community Facilities
District which have also been called for September 10, 2002. The consolidated
special elections shall be conducted by mail ballot pursuant to applicable
provisions of the California Elections Code with respect to mailballot elections of
cities and specifically Division 4 (commencing with Section 4000) of that Code,
insofar as they may be applicable. The voted official ballots shall be returned to
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the City Clerk of the City of San Jacinto by 4:00 o'clock p.m. on the date of the
election; provided that the election shall be closed before such hour if the City
s Clerk determines that all qualified electors have voted.
k`
Section 6 Accountability Measures. Pursuant to Section 53410
of the California 'Government Code, if the voters approve the propositions
contained in the official ballots for the consolidated special elections with respect
to the Community Facilities District incurring bonded indebtedness for the
purposes for which such indebtedness is to be incurred and bonds of the
Community Facilities District are to be issued (the "Bond Propositions"), the
incurring of such bonded indebtedness and the issuance of bonds of the
Community Facilities District shall be subject to the following accountability
measures:
(a) The Bond Propositions shall identify the specific purposes
for which the bonds are to be issued;
(b) The proceeds of the bonds shall be applied only for the
specific purposes identified in the Bond Propositions;
(c) An account or accounts shall be created pursuant to the
fiscal agent agreement for such bonds into which the proceeds of the sale of
such bonds, if any, shall be deposited; and
(d) The chief financial officer of the City shall file a report with
the City Council no later than January 2 of the calendar year beginning after the
year in which the bonds are issued and annually thereafter, which shall contain
the information required by Section 53411 of the California Government Code.
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APPROVED AND ADOPTED this 10th day of September, 2002.
Ayes:
Nays
Absent:
Abstain:
City of San Jacinto
rJim Ayr`s,Vice Mayor
ATTEST:
orothy*L. oLinard, City Clerk
e
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