HomeMy WebLinkAboutResolution - 2108 ESOLUTION NO . 2108
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, DECLARI_G THE ANNEXATION OF TERRITORY TO AN EXISTING
3 COMMUNITY FACILITIES DISTRICT AND AUTHORIZING SUBMITTAL OF LEVY
OF SPECIAL TAXES TO THE QUALIFIED ELECTORS
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5 THIS RESOLUTION IS ADOPTED WITH REFERENCE TO THE FOLLOWING
FACTS:
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WHEREAS , the CITY COUNCIL of the CITY OF SAN JACINTO ,
7 CALIFORNIA, ( hereinafter referred to as the " legislative body of
the local Agency" } , has previously declared its intention and
S held and conducted proceedings relating to the annexation of
territory to an existing Community Facilities District pursuant
9 to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982 " , being Chapter 2 . 5 , Part 1 , Division 2 ,
10 Title 5 of the Government Code of the State of California, and
specifically Article 3 . 5 thereof . The existing Community
11 Facilities District has been designated as COMMUNITY FACILITIES
DISTRICT No . 3 ( hereinafter referred to as the " District" ) ; and,
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WHERP:AS, notice of a public hearing relating to the annexation
13 of territory to the s isting District , the extent of the terri-
tory to be annexed , the furnishing of certain public services
14 and all other related matters has been given, and an Annexation
Report , as ordered by this Agency , has been presented and consi-
15 dered ; and ,
16 WHEREAS , the area proposed to be annexed is known and desig-
nated as COMMUNITY FACILITIES DISTRICT NO . 3 , ANNEXATION NO . 4
17 ( hereinafter referred to as the " annexed territory" ) ; and ,
1S WHEREAS , it has now been determined that written protests have
not been received by registered voters and/or property owners
19 representing more than one-half ( 1/2 ) or more of the area of
land proposed to be annexed to said District or within the
20 original District ; arid ,
21 WHEREAS , inasmuch as there are less than twelve ( 12 }
registered voters residing within the territory proposed to be
22 annexed to the District , and have been for at least the
preceding ninety ( 9C ) c�ays , this legislative body is desirous to
23 submit the levy of he required special tax to the landowners of
the territory pro-used to be annexed to the District , said
24 landowners being the vualified electors as authorized by law .
25 NOW , THEREFORE , BE- IT RESOLVED, by the City Council of the
City of San Jacinto , in regular session , this =6th day of March,
26 190. 3 , as follows :
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1 RECITALS
2 1 . That the above recitals are all true and correct .
3 PROTESTS
4 2 . That written protests , if any, have not been received from
registered voters and/or landowners representing a majority
5 protest , and all protests , if any, are hereby overruled and
denied .
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ANNEXATION ORDER
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3 . That this legislative body does hereby declare the annexa-
8 tion of the territory to the existing Community Facilities
District , kno:•,,n and designated as "COMMUNITY FACILITIES
9 DISTRICT NO. 3 , ANNEXATION NO . 4" .
10 BOUNDARIES OF ANNEXED AREA
11 4 . That the boundaries and parcels of land to be annexed and
in which the _Public services are to be provided and on
12 which special taxes will be levied in order to pay the
costs and expenses for said public services are generally
13 described as follows :
14 All that property and territory proposed to be annexed to
the existing Community Facilities District , as said
15 property is shown on a map as previously approved by this
legislative bod = , said map designated by the number of the
M annexation and thee name of the existing Community Facili-
ties District , a copy of which is on file in the Office of
17 the City Clerk and shall remain open for public inspection.
13 DESCRIPTION OF SERVICES
191 5 . That the types of public services provided in the existing
District are generally generally described as set forth
20 below , and no additional services are to be provided in the
annexed territory and the existing services for the exist-
21 ing District till serve the properties within the annexed
territory . 7 general description of the services autho-
22 rized in the existing District is set forth as follows :
23 Additional pn'_ice and fire services necessary and reruired
to meet increased demands within the boundaries of the
24 District .
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25 SPECIAL TAX
26 6 . That a special tax , except where funds are otherwise avail-
able , is hereby authorized, subject to voter approval. , to
27 be levied annually within the boundaries of the territory
to be annexed to said District . For particulars as to the
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1 rate and methoc. of apportionment of the proposed special
tax , reference is made to the attached and incorporated
2 Exhibit "A " , oihich sets forth in sufficient detail the
method of apportionment to allow each landowner or resident
3 within the territory proposed to be annexed to the District
to clearly estimate the annual amount that said person will
4 have to pay for said facilities . Said special tax shall- be
utilized to finance the furnishing of the public services
5 described hereinabove .
6 VALIDITY OF PROCEEDINGS
7 i . It is hereby further determined by this legislative body
that all proceedings prior hereto were valid and taken in
s conformity with the requirements of the law , and specifi-
cally the provisions of the "Mello-Roos Community Facili-
9 ties Act of '_9S2 " , and that this finding and determination
is made pursuant to the provisions and authorization of
11
Section 53325 . 1 of the Government Code of the State of
California.
11
ELECTION
12 S .
This legislative body herewith submits the levy of the
13 special tax to -Lhe qualified electors , said electors being
the landowners of the territory proposed to be annexed to
14 the existing District , with each landowner having one ( 1 )
vote for each acre or portion thereof of land which he or
15 she owns within the territory proposed to be annexed to the
existing Community Facilities District .
16
BALLOT
17
9 . This legislative body hereby further directs that a ballot
is proposition relating to the levy of the above referenced
special tax be prepared . This Resolution shall not consti-
19 tute the notice of the election and the Resolution submitt-
ing the special tax levy to the voters shall constitute the
20 notice of the election relating to the authorization for
the special- tax levy .
21
NOTICE
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10 . That the City Clerk is hereby ordered to certify to the
23 passage of this Resolution and to file a certified copy
thereof with the Election Official .
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1 CITY OF SAN JACINTO
2 COMMUNITY FACILITIES DISTRICT NO . 3
ANNEXATION NO . 4
3
EXHIBIT "A"
4
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
5
The Resolution of Intention refers to this Exhibit for an
6 explanation of the rate and apportionment of the special tax so
as to allow each landowner or resident within the proposed
7 district to estimate the maximum annual amount that would be
required for payment _ For particulars as to the rate and method
8 of apportionment , see the following :
9 PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX
10 Taxable property categories and initial maximum annual taxes are
as follows :
11
MAXIMUM ANNUAL TAX
12 PROPERTY CATEGORY ( FISCAL YEAR 1989-90 )
13 I . RESIDENTIAL UNIT $96 . 40 per dwelling unit
14 II . COMMERCIAL AND INDUSTRIAL $0 . 05 per square fact per
year for developed area
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RESIDENTIAL , COMMERCIAL AND INDUSTRIAL taxes shall be levied on
1G jall property upon the issuance of a building permit in the
fiscal year next following the issuance of the building permit .
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ESCALATION OF TAX
18
The above authorized taxes for are for fiscal year 1989-90 , and
19 are subject to annual increases to reflect increases in the
Consumer Price Index .
20
TERM
21
The Final Land Use Residential Tax shall be levied as long as
22 necessary to pay for additional services .
23 DEFINITIONS
24iThe "Consumer Price Index" shall be the Los Angeles/Riverside
%+rea - All Urban Consumer Price Index , published by the United
25 States Bureau of abor Statistics , as said data is available
June 30th of each fiscal year .
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" Developed Area" shall be that portion of the land to be
27 developed as measured from outside walls , excluding garage ,
covered ways and overhangs , patios and additions .
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1 "Dwelling Unit" shall mean any building and any mobilehome which
is not immediately transportable or any portion thereof which
2 contains living facilities , including provisions for sleeping,
eating , cooking and sanitation .
3
"Fiscal Year" shall be July 1 through June 30 of any year .
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For all particulars relating to implementation , further
6 interpretation, definitions , and all other particulars related
to the method and ayperticnment of the tax , reference is made to
7 the "Report " as previously approved by this legislative body .
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1 MOVED , PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY
COUNCIL duly held the 15th day of March , 1993 .
2
ATTEST:
Mayor 'r,I
t
4
5 Deputy City Clek
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CERTIFICATE
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g The foregoing is c=_reified to be a true copy of a Resolution
duly adopted by said city Council of the City of San Jacinto on
9 the date therein set forth .
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ATTEST :
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13 Deputy City Clerk
14
15 VOTE:
16 AYES: Councilmembers Ford, Leahy, Solorio, Williams,
Mayor Hafliger
17 NOES: None
18 ABSENT: None
19 ABSTAIN: None
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