HomeMy WebLinkAboutResolution - 2109 I RESOLUTION NO . 2109
2 1:,_.SOLUTIOH OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, SUBkI'.aTING TO THE QUALIFIED ELECTORS IN AN ANNEXED
J^ RREA OF A COMMUNITY FACILITIES DISTRICT A PROPOSITION TO LEVY A
SPECIAL TAX APD ESTABLISHING ROCEDURES AND CONDITIONS FOR
4 CONDUCTING AN ELECTION
5
THIS RESOLUTIOP IS ADOPTED WITH REFERENCE TO THE FOLLOWING
6 PACTS :
7 r^ HEREAS , the CITY COUNCIL of the C - TY OF SAN JACINTO ,
CALIFORNIA, ( hereinafter referred to as the " legislative body of
$ the local Agency" ) , has previously declared its intention and
held and conducted proceedings relating to the annexation of
9 territory to an existing Community Facilities District pursuant
to the terms and provisions of the "Mello-Roos Community
Ip Facilities Act of 1982 " , being Chapter 2 . 5 , Part 1 , Division 2 ,
Title 5 of the Government Code of the State of California, and
11 specifically Article 3 . 5 thereof . The existing Community
Facilities District has been designated as COMMUNITY FACILITIES
12 DISTRICT NO. 3 ( hereinafter referred to as the "District " ) ; and ,
13 WHEREAS, the area proposed to be annexed is known and desig-
nated as COMMUNITY FACILITIES DISTRICT NO. 3 , ANNEXATION NO . A
14 ( hereinafter referred to as the "annexed territory" ) ; and ,
15 -PPEREAS , at this time this legislative body is desirous to
proceed to make the necessary findings to levy the special tax
16 within the annexed territory and to authorize the submittal of a
proposition to the qualified electors , being the landowners of
17 the territory proposed to be annexed, and establishing terms and
conditions for the conduct of the election .
1$
uow, THEREFORE, BE IT RESOLVED, by the City Council of the City
19 of San Jacinto , in regular session , this 16th day of March , 1993 ,
as follows :
201 RECITALS
21 1 . That the above recitals are �:I1 true and correct .
22 LEVY OF SPECIAL TAX
23 z . That this legislative body does hereby specifically autho-
rize the levy of a special tax within the annexed terri-
24 tory , all as authorized under the terms and provisions of
the "Mello-Roos Community Facilities Act of 19821, , in order
25 to finance "he authorized publ °'c capital facilities .
26 ANNEXED AREA
27 ' . That the territory to be annexed to the District wil pay
the referenced special tax levy . A general description of
28 the territory to be annexed is as follows :
1 All that property and territory proposed to be annexed to
the existing Community Facilities District , as said
2 property is shown on a map as previously approved by this
legislative body, said map designated by the number of the
3 annexation and the name of the existing Community Facili-
ties District , a copy of which is on file in the Office of
4 the City Clerk and shall remain open for public inspection .
5 SPECIAL TAX PATE
6 4s That the amount of the special tax levy is as set forth in
the RESOLUTION OF INTENTION TO ANNEX , and said special tax
7 shall be secured by recordation of a continuing lien
against all non-exempt real property within the annexed
8 territory. The tax for the annexed territory is the same
as that for the original District , and for further particu-
9 lays relating to the special tar. , reference is made to the
BALLOT and tax rate and apportionment formula as set forth
10 herein, which is a part of this Resolution .
11 ELECTION
12 5 . The proposition related to the levy of the special tax
shall be submitted to the qualified electors of the annexed
13 territory , said electors being the landowners , with each
landowner having one ( 1 ) vote for each acre or portion
14 thereof of land which he or she owns within said annexed
territory . The special election shall be held on the 15TH
15 DAY OF JUNE , 1993 , or such earlier date as may be estab-
lished by the Election Official ( defined hereinbeloi, ) with
16 the unanimous consent of the qualified electors cf the
territory proposed to be annexed . Said election shall be a
17 special mailed ballot election to be conducted by the City
Clerk ( hereinafter "Election Official" ) . If the proposi-
tion for the levy of the special tax receives the approval
0f more than two-thirds ( 2/3 ) of the votes cast on the
19 proposition , the special tax may be levied as provided for
in the Resolution of Intention to Annex .
20
BALLOT
21 --
6 . That the ballot proposal to be submitted to the qualified
22 voters at the election shall generally be as follows :
23 PROPOSITION A
CITY OF SAN JACINTO . COMMUNITY FACILITIES
24 DISTRICT ISO . 3 , ANNEXATION NO . 4 , AUTHORI-
ZAT=oN FOR SPECIAL TAX LEVY
25
Shall Community Facilities District
26 No . 3 , City of San Jacinto , be autho- j YES j `I
rized to levy the special taxes speci- j
27 fied below on properties within Annexa-
tion No. 4 to pay for authorized public ( NO ( j
28 services? j j
EXISTING TAX RATE AND APPORTIONMENT
2 The existing tax rate and apportionment for the tax
categories identified be1ova , as previously approved for
3 Community Facilities District No . 3 , Annexation No. 4 , are
as follows :
4
PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX
5 Taxable property categories and initial maximum annual
g taxes are as follows :
7 MAXIMUM ANNUAL TAX
PROPERTY CATEGORY ( FISCAL YEAR 1989-90 )
8
I . RESIDENTIAL UNIT $96 . 40 per dwell '_ng unit
9
II . COMMERCIAL AND INDUSTRIAL $0 . 05 per square foot per
10 year for developed area
11 RESIDENTIAL , COMMERCIAL AND INDUSTRIAL taxes shall be
levied on all property upon the issuance of a building
12 permit in the fiscal year next following the issuance of
the building permit .
13
ESCALATION OF TAX
14
The above authorized taxes for are for fiscal year 1989-90 ,
15 and are subject to annual increases to reflect 'increases in
the Consumer Price Index .
16
TERM
17 The Final Land Use Residential Tax shall be levied as long
18 as necessary to pay for additional services .
20 For all further particulars relating to the special tax ,
reference is made to the full text as set forth in the
21 RESOLUTION DECLARING ANNEXATION OF TERRITORY as previously
approved .
22
VOTE
23
? _ That the appropriate mark placed in the voting square after
24 the word '°YF-1; " shall be counted in favor of the adoption of
the proposition, and the appropriate mark placed in the
25 voting square after the word " NO" in the manner as
authorized , shall be counted against the adoption of said
26 proposition .
27
21
1
2 CERTIFICRTE
3
^he foregoing is certified to be a true copy of a Resolution
4 duly adopted by said City Council of the City of San Jacinto on
the date therein set forth .
5
6 aTTEST :
7
$ - - - - - - - - - - -
Deputy City Clerh
10
11 Vote:
12 AYES: fiouveilmembers ford, Leahy, Solorio, Williams, Mayor
Noes : None1ger
13 ABSENT: None
ABSTAIN: None
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19,
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1 ELECTION PROCEDURE
2 B . The Election Official is hereby authorized to take any and
all steps necessary for the holding of said election . Said
3 Election Official shall perform and render all services and
proceedings incidental to and connected with the conduct of
4 said election , and said services shall include, but not be
limited to the following:
5
( a) Prepare and furnish to the election officers necessary
6 election supplies for the conduct of the election .
7 ( b ) Cause to be printed the requisite number of official
ballots , talley sheets and other necessary forms .
8 ( c ) Furnish and address official ballots for the qualified
9 electors of the Communit-_y Facilities District .
10 ( d) Cause the official ballots to be mailed and/or
delivered , as required by law.
11 ( e ) Receive the returns of the election .
12 ( f ) Sort and assemble the election material and supplies
13 in preparation for the canvassing of the returns .
14 ( g ) Canvass the returns of the election .
15 ( h) Furnish a tabulation of the number of votes given in
the election .
16 ( i ) Make all arrangements and take the necessary steps to
17 pay all costs of the election incurred as a result of
services performed by the District and pay costs and
Is expenses of all election officials .
19 ( j ) Conduct and handle all other matters relating to the
proceedings and conduct of the election in the manner
20 and form as required by law.
21 CERTIFICATION
221 ;3a That the Ci_y Clerk is hereby ordered to certify to the
passage of this Resolution and to file a certified copy
23 thereof with the Election Official .
24
"i_—VED , PASSED AFD ADOPTED AT A REGULAR MEETING OF SAID CITY
25 r^UNCIL duly held the 16th day of ?arch , 1993 .
f
26 ATTEST : )
27 Mayor /
28 '— — — —
Pep ty City Clerk(