HomeMy WebLinkAboutResolution - 3545 RESOLUTION NO. 3545
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
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
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 56
RESOLVED by the City Council (the "Council") of the City of San Jacinto (the "City
County of Riverside, State of California, that:
WHEREAS, the Council has previously conducted proceedings to establish
Community Facilities District No. 2003-1 (the "CFD") pursuant to the Mello-Roos Community
Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5,
commencing at Section 53311, of the California Government Code; and
WHEREAS, the Council has received a petition (including waivers) from the
landowner requesting that it annex into the CFD under the Act, to provide for the costs of
services, and the Council now desires to commence proceedings to annex territory into the
CFD as described herein; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is
empowered with the authority to annex territory to the CFD, and now desires to undertake
proceedings to annex territory to the CFD.
NOW, THEREFORE, it is hereby RESOLVED, DETERMINED AND ORDERED by
the City Council of the City of San Jacinto as follows:
SECTION 1. This Council hereby finds and determines that public convenience and
necessity require that territory be added to the CFD.
SECTION 2. The name of the existing CFD is "City of San Jacinto Community
Facilities District No. 2003-1."
SECTION 3. A general description of the territory included in the existing CFD is
hereinafter described as follows: All that property and territory as originally included
in the existing CFD heretofore recorded as Instrument No. 2003-995886 in the office
of the County Recorder for the County of Riverside on December 22, 2003 in Book
55 at Page 58-59 of Maps of Assessments and Community Facilities Districts, to
which map reference is hereby made, and as such map was amended as a result of
prior annexations.
A description of the boundaries and territory proposed to be annexed is as follows:
t All that territory proposed to be annexed to the CFD is as shown on the Annexation
Map for Annexation No. 56 to the CFD, on file with the City Clerk, the boundaries of
which territory are hereby preliminary approved and to which map reference is
hereby made for further particulars. The area proposed to be annexed to the CFD is
as shown on the Annexation Map identified in Exhibit A. The City Clerk is hereby
directed to cause to be recorded such Annexation Map, showing the territory to be
annexed, in the office of the County Recorder of the County of Riverside within fifteen
days of the date of adoption of this resolution.
SECTION 4. The type of services financed by the CFD and pursuant to the Act shall
consist of those services described as follows: (a) police protection services,
including but not limited to, criminal justice services, and (b) fire protection and
suppression services. It is presently intended that the services will be provided,
without preference or priority, to the existing territory in the CFD and the territory
proposed to be annexed to the CFD.
SECTION 5. Except to the extent that funds are otherwise available to the CFD to
pay for the services, a special tax sufficient to pay the costs thereof, secured by
recordation of a continuing lien against all non-exempt real property in the CFD
(including the property to be annexed thereto), is intended to be levied annually
within the CFD, and collected in the same manner as ordinary ad valorem property
taxes.
SECTION 6. The special tax proposed to be levied for services to be supplied within
the territory proposed to be annexed will be equal to the special taxes levied to pay
for the same services in the CFD, except that a higher or lower special tax may be
levied within the territory proposed to be annexed to the extent that the actual cost of
providing the services in that territory is higher or lower than the cost of providing
those services in the CFD. Notwithstanding the foregoing, the special tax may not be
levied at a rate which is higher then the maximum special tax authorized to be levied
pursuant to the CFD Rate and Method.
SECTION 7. The proposed rate and method of apportionment of the special tax
among the parcels of real property within the CFD, as now in existence and following
the annexation proposed herein, in sufficient detail to allow each landowner within the
territory proposed to be annexed to the CFD to estimate the maximum amount such
owner will have to pay, are described in Exhibit B attached hereto.
SECTION 8. Notice is given that on Tuesday, January 6, 2015, at 6:30 p.m. or as
soon thereafter as the matter may be heard, in the regular meeting place of this
Council at the City of San Jacinto, Community Center, 625 S. Pico Avenue, San
Jacinto, California, and the same are hereby appointed and fixed as the time and
place when and where this Council, as legislative body for the CFD, will conduct a
public hearing on the annexation of territory to the CFD, and consider and finally
determine whether the public interest, convenience and necessity require said
annexation of territory to the CFD and the levy of said special tax therein.
SECTION 9. The City Clerk is hereby directed to cause notice of said public hearing
to be given by publication one time in a newspaper of general circulation in the area
of the CFD, including the area to be annexed to the CFD. The publication of the
notice shall be completed at least seven days before the date herein set for said
hearing. The City Clerk may also cause a copy of such notice to be mailed to the
registered voters and land owners within the territory proposed to annexed, which
shall be mailed at least fifteen days before the date of said hearing. The notice shall
be substantially in the form of Exhibit C hereto.
SECTION 10. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED this 2"d day of December, 2014 by the
following vote:
Ayes: Bartel, Kotyuk, Ledezma, Miller, Ruiz
Nays: None
Abstain: None
Absent: None
City of San Jacinto
Crystal uiz, Mayor
ATTES
( ja.J4
Richard Miller, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger
Je rey S. Balli ger, City Attorney
CERTIFICATION
I, Richard Miller, City Clerk of the City Council of San Jacinto, do hereby certify that the
foregoing Resolution No. 3545 was adopted and approved at a regular meeting of the City
Council of the City of San Jacinto held on the 2"d day of December, 2014.
WITNESS MY HAND AND OFFICIAL SEAL this 2"d day of December, 2014
Richard Miller, City Clerk
City of San Jacinto