HomeMy WebLinkAboutResolution - 2374 STATE OF CALIFORNIA ) RESOLUTION NO. 2374
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO CALLING A SPECIAL ELECTION AND
SUBMITTING TO THE VOTERS OF CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2002-1 (RANCHO
SAN JACINTO, PHASE 2) PROPOSITIONS REGARDING
INCURRENCE OF BONDED INDEBTEDNESS THE ANNUAL
LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY
FACILITIES DISTRICT TO PAY 'PRINCIPAL OF AND
INTEREST ON BONDS THEREOF, AND THE
ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
WHEREAS, pursuant to Section53325.1 of the California Government Code
the City Council (the"City Council") of the City of San Jacinto (the"City") has adopted the
resolution of formation for the City of San Jacinto Community Facilities District No. 2002-1
(Rancho San Jacinto, Phase 2), County of Riverside, State of California (the "District"),
establishing the District and the boundaries thereof(the "Resolution of Formation"); and
WHEREAS, pursuant to Section 53351 of the California Government Code,
the City Council has also adopted a resolution determining that it is necessary that the Dis-
trict incur a bonded indebtedness in an original aggregate amount not to exceed
$20,000,000 for the purposes of refinancing certain public facilities of the District; and
WHEREAS, by that resolution, the City Council called special elections on
the propositions to be submitted to the voters of the District with respect to the District
incurring bonded indebtedness for the refinancing of such public facilities; and
WHEREAS, pursuant to Section 53326 and 53350 of the California
Government Code, it is necessary that the City Council submit to the voters of the District
the annual levy of special taxes on taxable property within the District to pay the principal
of and interest on the bonds thereof and to fund the reserve fund, if such bonds are
authorized and issued; and
WHEREAS, pursuant to Section 53325.7 of the California Government Code,
the City Council may also submit to the voters of the District a proposition for the establish-
ment of an appropriations limit for the District; and
WHEREAS, the City Clerk has advised the City Council that she has
received a statement from the Registrar of Voters of the County of Riverside that no
persons are registered to vote in the territory of the District;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
RVPUBKAB 637479
BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS:
Section 1. Findings. The City Council finds that: (i) the foregoing recitals
are true and correct; (ii) 12 persons have not been registered to vote within the territory
of the District for each of the 90 days preceding the close of the public hearing on
September 10, 2002; (iii) pursuant to Section 53326 of the California Government Code,
as a result of the findings set forth in clause (ii) above, the vote in the special election
called by this resolution shall be by the landowners of the District whose property would
be subject to the special taxes if they were levied at the time of the election, and each
landowner shall have one vote for each acre, or portion thereof, which he or she owns
within the District which would be subject to the proposed special taxes if they were levied
at the time of the election; (iv)the sole owner of all of the land in the District has by written
consent (a) waived the time limits set forth in Section 53326 of the California Government
Code for holding the election called by this resolution and the election on the propositions
of the District incurring bonded indebtedness, which pursuant to Section 4 hereof is
consolidated with the election called hereby, (b) consented to the holding of the
consolidated special elections on September 10,2002, (c)waived notice and mailed notice
of the time and date of the consolidated special elections, (d)waived an impartial analysis
by the City Attorney of the ballot propositions pursuant to Section 9280 of the California
Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive,
and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code,
and (e) waived a synopsis of the measures to be included in the official ballot for said
elections pursuant to Section 12111 of that Code; and (v) the City Clerk (the "City Clerk")
has consented to the holding of the consolidated special elections on September 10, 2002.
Section 2. Call of Election. The City Council hereby calls and schedules
a special election for September 10, 2002, on the proposition of the annual levy of special
taxes within the District for the payment of principal of and interest on the bonds of the
District, and on the proposition of the establishment of an appropriations limit for the
District.
Section 3. Propositions.
(a) The propositions to be submitted to the voters of the District at such
special election shall be as follows:
First Proposition: Shall special taxes be levied annually on taxable property
within 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 pay the principal of and interest on the
bonds of the Community Facilities District issued and sold to finance and
refinance those purposes specified in Proposition A of this ballot, to
establish and replenish the reserve fund for the bonds, or to accumulate
funds for future bond payments, including any amount required by federal
law to be rebated to the United States with regard to the bonds, and to pay
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expenses incidental thereto and to the levy and collection of the special
taxes, so long as the special taxes are needed to pay the principal of and
interest on the bonds and for such other purposes, at the special tax rates
and pursuant to the method of apportioning the special taxes set forth in
Exhibit"A"to the Resolution of Formation adopted by the City Council of the
City of San Jacinto on September 10, 2002?
Second Proposition: Shall an appropriations limit, as defined by subdivision
(h) of Section 8 of Article XIII B of the California Constitution, be established
for City of San Jacinto Community Facilities District No.2002-1 (Rancho San
Jacinto, Phase 2),.County of Riverside, State of California, in the amount of
$2,000,000?
Section 4. Consolidation of Elections. The special election called hereby
on the propositions to be submitted to the voters of the District, as set forth in Section 3
hereof, shall be consolidated with the special election on the proposition of the District
incurring bonded indebtedness. The ballots for said consolidated elections shall be in the
forms attached hereto as Exhibit "A."
Section 5. Conduct of Election. Except as otherwise provided in Section
z 6 hereof, the consolidated special elections shall be conducted by the City Clerk in
accordance with the provisions of the California Elections Code governing mail ballot
elections of cities, and in particular the provisions of Division 4 (commencing with Section
4000), of that Code, insofar as they may be applicable.
Section 6. Election Procedures. The procedures to be followed in
conducting the consolidated special elections on (i)the proposition of the District incurring
a bonded indebtedness in an original aggregate amount not to exceed $20,000,000, (ii)
the proposition with respect to the levy of special taxes on taxable property within the
Community Facilities District to pay the principal of and interest on the bonds of the
Community Facilities District, and (iii) the proposition with respect to the establishment of
an appropriations limit for the District in the amount of $2,000,000 (the "Consolidated
Special Elections") shall be as follows:
(a) Pursuant to Section 53326 of the California Government Code, ballots
for the Consolidated Special Elections shall be distributed to the qualified electors by the
City Clerk by mail or by personal service.
(b) Pursuant to applicable sections of the California Elections Code
governing the conduct of mail ballot elections of cities, and in particular Division 4
(commencing with Section 4000) of that Code with respect to elections conducted by mail,
the City Clerk shall mail or deliver to each qualified elector an official ballot in the
appropriate form attached hereto as Exhibit "A," and shall also mail or deliver to all such
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qualified electors a ballot pamphlet and instructions to voter, including a sample ballot
identical inform to the official ballot but identified as a sample ballot, a return identification
envelope addressed to the City Clerk for the return of voted official ballots and a copy of
the Resolution of Formation adopted by the City Council on September 10, 2002 .
(c) The official ballot to be mailed or delivered by the City Clerk to each
landowner-voter shall have printed or typed thereon the name of the landowner-voter and
the number of votes to be voted by the landowner-voter and shall have appended to it a
certification to be signed by the person voting the official ballot which shall certify that the
person signing the certification is the person who voted the official ballot, and if the
landowner-voter is other than a natural person, that he or she is an officer of or other
person affiliated with the landowner-voter entitled to vote such official ballot, that he or she
has been authorized to vote such official ballot on behalf of the landowner-voter, that in
voting such official ballot it was his or her intent, as well as the intent of the landowner-
voter, to vote all votes to which the landowner-voter is entitled based on its land ownership
on the propositions set forth in the official ballot as marked thereon in the voting square
opposite each such proposition, and further certifying as to the acreage of the landowner-
voter's land ownership within the District.
(d) The return identification envelope mailed or delivered bythe City Clerk
to each landowner-voter shall have printed or typed thereon the following: (i) the name
of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of
perjury stating that the voter is the landowner or the authorized representative of the
landowner entitled to vote the enclosed ballot and is the person whose name appears on
the identification envelope,(iv)the printed name and signature of the voter, (v)the address
of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a
notice that the envelope contains an official ballot and is to be opened only by the City
Clerk.
(e) The information to voter form to be delivered by the City Clerk to the
landowner-voters shall inform them that the official ballots shall be returned to the City
Clerk properly voted as provided thereon and with the certification appended thereto
properly completed and signed in the sealed return identification envelope with the certifi-
cation thereon completed and signed and all other information to be inserted thereon
properly inserted by 4:00 p.m. on the date of the elections; provided that if all qualified
electors have voted, the elections shall be closed with the concurrence of the City Clerk.
(f) Upon receipt of the return identification envelopes which are returned
prior to the voting deadline on the date of the elections, the City Clerk shall canvass the
votes cast in the Consolidated Special Elections, and shall file a statement with the City
Council as to the results of such canvass and the election on each proposition set forth in
the official ballot.
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Section 7. 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 District incurring bonded
indebtedness`for the purposes for which such indebtedness is to be incurred and bonds
of the District are to be issued (the "Bond Propositions"), the incurring of such bonded
indebtedness and the issuance of bonds of the 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 City Manager 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.
The City Council finds that the Bond Propositions which are set forth in the
official ballots for the consolidated special elections, which are attached as Exhibit "A"
hereto, identify the specific purposes for which the District will incur bonded indebtedness
and issue bonds.
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APPROVED AND ADOPTED this 1 Oth day of September,2002.
Ayes:
Nays:
Absent:
Abstain:
City of San Jacinto
y Jim res,`Vice Mayor
ATTEST:
orothy L. C uinard, City Clerk
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EXHIBIT "A"
OFFICIAL BALLOT
CONSOLIDATED SPECIAL ELECTIONS FOR
CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2002-1
(RANCHO SAN JACINTO, PHASE 2)
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
To vote, mark a cross(+) in the voting square after the word"YES" or after
the word "NO." All marks otherwise made are forbidden.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of
the City of San Jacinto and obtain another.
PROPOSITION A: 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 Facili-
ties 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; (1 ) The cost to refinance and defease a portion of
special tax bonds issued with respect to CFD No. 2; (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; and (3)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?
[Proposition A]
II NO
RVPUB'KAB637477 A-] Page ] of 2
PROPOSITION B: Shall special taxes be levied
annually on taxable property within 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 pay the principal of and
interest on the bonds of the Community Facilities 'District
issued and sold to finance and refinance those 'purposes
specified in Proposition A of this ballot, to establish and
replenish the reserve fund for the bonds, or to accumulate
funds forfuture bond payments, including any amount required
by federal law to be rebated to the United States with regard [Proposition Bl
to the bonds, and to pay expenses incidental thereto and to r-
the levy and collection of the special taxes, so long as the YES
special taxes are needed to pay the principal of and interest �— —�
on the bonds and for such other purposes, at the special tax NO
rates and pursuant to the method of apportioning the special
taxes set forth in Exhibit "A° to the Resolution of Formation
adopted by the City Council of the City of San Jacinto on
September 10, 2002?
PROPOSITION C: Shall an appropriations limit, as [PropositionG]
defined by subdivision (h) of Section 8 of Article XIII B of the — --�
California Constitution, be established for City of San Jacinto YES
Community Facilities District No. 2002-1 (Rancho San Jacinto,
Phase 2), County of Riverside, State of California, in the I NO
amount of$2,000,000?
PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY
MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENTCODE OF THE
STATE OF CALIFORNIA.
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