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HomeMy WebLinkAboutResolution - 3532 STATE OF CALIFORNIA ) RESOLUTION NO.3532 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF SAN JACINTO, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2003-1, AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS City of Sari Jacinto Community Facilities District No. 2003-1 Annexation No. 55 RESOLVED by the City Council (the "Council) of the City of San Jacinto (the "City"), County of Riverside, State of California, that: WHEREAS, on July 15, 2014 the Council adopted Resolution No. 3523 entitled "A Resolution of the City Council of San Jacinto Declaring its Intention to Annex Territory into Community Facilities District No. 2003-1 and to Authorize the Levy of Special Taxes Therein" (the "Resolution of Intention to Annex"), stating its intention to annex certain territory into Community Facilities District No. 2003-1 (the "CFD") pursuant to the Mello Roos Community Facilities Act of 1982, Section 53311, and following of the California Government Code (the "Act"); and WHEREAS, a copy of the Resolution of Intention to Annex, incorporating a description and map of the proposed boundaries of the annexation territory (the "Annexation No. 55"), stating the services to be provided, and the rate and method of special tax to be levied within the annexation territory to pay for the services, is on file with the City Clerk, and the provisions thereof are fully incorporated herein by reference; and WHEREAS, on the date hereof, the Council held a noticed public hearing as required by the Act and the Resolution of Intention to Annex relative to the proposed annexation territory to the CFD and the levy of special taxes in the annexation territory; and WHEREAS, at such hearing all interested persons desiring to be heard an all matters pertaining to the annexation territory to the CFD and the levy of special taxes within the annexation territory were heard and full and fair hearing was held; and WHEREAS, prior to the time fixed for the hearing, written protests have not been filed against the proposed annexation of territory to the CFD by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the existing CFD, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed; or (iii) owners of one-half or more of the area of land in the existing CFD; or (iv) owners of one-half or more of the area of land in the territory proposed to be annexed. WHEREAS, the annexation map of Annexation No. 55 has been filed with the County Recorder of Riverside County, which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the City Clerk. NOW, THEREFORE, it is hereby RESOLVED, DETERMINED AND ORDERED by the City Council of the City of San Jacinto as follows: SECTION 1. Recitals. The foregoing recitals are true and correct. SECTION 2. Prior Proceedings. All prior proceedings taken by this Council with respect to the CFD and the proposed annexation territory have been duly considered and are hereby determined to be valid an in conformity with the Act, and the CFD has been validly established pursuant to the Act. SECTION 3. Prior Resolution. The provision of the Resolution of Intention to Annex previously adopted by the Council for the CFD are by referenced incorporated herein. SECTION 4. Boundaries. The boundaries of the territory to be annexed to the CFD, as described in Annexation Map No. 55, is on file with the City Clerk and heretofore recorded in the Riverside County Recorder's Office on July 23, 2014, in Book 77 at Page 27 of Maps of Assessment and Community Facilities Districts, Instrument No. 2014-0273388, is hereby approved, and incorporated herein by this reference, and shall be included within the boundaries of the CFD, and said territory is hereby ordered annexed to the CFD, subject to voter approval of the levy of special taxes therein as provided. SECTION 5. Voter Approval. Pursuant to the provision of the Act, the propositions of (i) the annexation of the annexation territory, and (ii) the levy of special taxes within the annexation territory shall be submitted to the voters of the annexation territory at an election called therefore as hereinafter provided. SECTION 6. Electors Determined. The Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by the Council for the purpose of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, the Council finds that for purposes of these proceedings the qualified electors are the landowners within the annexation territory and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the annexation territory. SECTION 7. Applicable Laws. Pursuant to the Act, the election shall be conducted by mailed ballot under Section 4000 of the California Elections Code, provided, however, that for the purposes of setting the date for the election, Sections 53326 and 53327 of the Act shall govern. SECTION 8. Special Election Called. This Council hereby calls a special election to consider the measure described in the ballot referred to in Exhibit A hereto, which form is hereby approved. The special election shall be held in the meeting room of the Council immediately following adoption of this Resolution. The Council hereby further finds that the provision of the Act requiring a minimum of 90 days to elapse before said election is for the protection of the voters, and the voters have waived such requirement and the date for the election herein is established accordingly. SECTION 9. Election Official. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Intention to Annex, a certified map of the proposed boundaries of the territory to be annexed to the CFD, and a sufficient description to allow the City Clerk to determine the boundaries of the territory to be annexed to the CFD. The voted ballot shall be returned to the City Clerk no later then immediately following the adoption of this Resolution, and when the qualified elector has voted the election shall be closed. This Council acknowledges that the City Clerk has caused to be delivered to the sole qualified elector of Annexation No. 55 a ballot in the form set forth in Exhibit A hereto. The ballot indicated the numbers of votes to be voted by the landowner, and was accompanied by all supplies and written instructions for the use and return of the ballot. SECTION 10. Effective. This resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED this 19th day of August, 2014. City of San Jacinto k �3 L W�j � ? � Alonso Ledezma, Mayor ATTEST: ochard Miller, City Clerk APPROVED AS TO FORM: Best, Best & Krieger Je re S. Ballinger, City Attorney CERTIFICATION I, Richard Miller, City Clerk of the City Council of San Jacinto, do hereby certify that the foregoing Resolution No. 3532 was adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 19th day of August, 2014 by the following vote: AYES: Bartel, Kotyuk, Miller, Ruiz, Ledezma NAYS: None ABSENT: None ABSTAINED: None WITNESS MY HAND AND OFFICIAL SEAL this 19th day of August, 2014 Richard Miller, City Clerk City of San Jacinto EXHIBIT A City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 55 OFFICIAL BALLOT SPECIAL TAX ELECTION This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of San Jacinto no later than 6:30 p.m. on Tuesday, August 19, 2014, either by mail or in person. The City Clerk's office is located at 595 S. San Jacinto Avenue, Building B, San Jacinto, California, 92583. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Jacinto and obtain another. BALLOTMEASURE: Shall the City of San Jacinto, by and for its Community Facilities District No. 2003-1 (the "CFD"), be authorized to annually levy a special tax within the territory identified as Annexation No. 55 to the CFD in accordance with the rate and method of apportionment described in Resolution No. 3523 adopted by the Council of the City of San Jacinto on July 15, 2014? Yes: 1 No: 0 By execution in the space provided below, you also confirm your written waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Number of Votes: 5 Assessor's Parcel Number: 436-450-019 Property Owner: Brosh SoCal Properties, Inc. By: