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HomeMy WebLinkAboutResolution - 2095 2095 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, 3 CALIFORNIA , DECLARTNS TN=17TION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY Fk�_Ta:=TTS D70TRICT 4 5 THIS RESOLUTION IS, 7e,DCrTED 'KITH REFERENCE TO THE FOLLOWING FACTS: 6 WHEREAS , the CITY C 0 U 1,1 C of t h e CITY OF SAN JACINTO , 7 CALIFORNIA, ( hereinafter referred to as the " legislative body" at this time is desirous Go annex territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello--Roos Community Facilities Act of 198211 , being Chapter 2 . 5 , Pare 1 , Division 2 , Title 5 of the Government Code of the State of California . and specifically Article 3 . 5 10 thereof . The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 3 ( hereinafter 11 referred to as the "District" ) , and, 12 WHEREAS , the area -,Drcposod to be annexed shall be known and designated as COMMUNITY FACILITIES DISTRICT NO . 3 , ANNEXATION 13 NO. 4 ( hereinafter referred to as the "annexed territory " ) . 14 WHEREAS , this legislative body is now desirous to proceed to adopt i t s Resolution of Intention to annex territory to the 15 existing District , to describe -lie territory included within the existing District and the territory proposed for annexation , to 16 specify the services '.o be provided, to set and specify the special taxes that would be levied within the territory proposed 17 t o be annexed, and to set a time and place for a public hearing relating to the annexation of territory to said District ; and , is WHEREAS , a map showing the territory to be annexed has been 19 submitted , which said map is hereby approved and a copy of said m a p shall be kept on file with the transcript of these 20 proceedings . 21 NOW, THEREFORE , 13 B T RES°�.-1111TZD, by the City Council of the City of San Jacinto . in -regular session , this19th day of 22 January, 1993 : 23 ,�ECTTALS 24 1 . That the above recitals are all true and correct . 25 LEGAL AUTHORITY 26 2 . That these proceedings for annexation are initiated by this legislative bodli- pu--suant to the authorization of 27 Section 53339 . 2 of the Sovernment Code of the State of California. 23 1 annexed territory, secured by recordation of a continuing lien against all non-exempt real property in the annexed 2 territory, will be levied annually within the boundaries of the annexed territory . For particulars as to the rate 3 and method of apportionment of the proposed special tax , reference is made to the attached and incorporated Exhibit 4 "A" , which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within 5 the annexed territory to clearly estimate the maximum amount that said person will have to pay on said special g tax . 7 The proposed special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject 8 to the same penalties , procedure , sale and lien priority in any case of delinquency as applicable for ad valorem taxes ; however , as applicable , this legislative body may establish and adopt an alternate or supplemental procedure 10 as necessary . 11 EXEMPT PROPERTY 12 This legislative body hereby determines that parcels owned by regulated public utilities and in use in the providing 13 of telephone service , water , electricity, gas or other means of heat , _ilumination, power or any other public 14 service , shall he exempt from the special tax . 15 PUBLIC HEARING 16 8 . NOTICE IS GIVEN THAT ON THE 2ND DAY OF MARCH , 1993 , AT THE HOUR OF 7 : 30 O ' CLOCK P . M . , IN THE REGULAR MEETING PLACE OF 17 THE LEGISLATIVE BODY , BEING THE COMMUNITY CENTER, 625 SO. PICO, SAN jACINTO, CA, A PUBLIC HEARING WILL BE HELD WHERE 13 THIS LEGISLATIVE BODY WILL CONSIDER THE ANNEXATION OF CERTAIN TERRITORY TO THE EXISTING COMMUNITY FACILITIES 19 DISTRICT , THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN SAID PROPOSED ANNEXED 20 .TERRITORY , AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION . ANY INTERESTED PERSONS MAY 21 APPEAR AND BE HEARD , AND WRITTEN PROTESTS SHALL BE FILED ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING . 22, ELECTION 23 9 . Upon the conclusion of the public hearing, if the legisla- 24 Live body determines to proceed with the annexation, a proposition shalt_ be submitted to the qualified electors 25 0£ the proposed annexed -area . The vote shall be by registered voters within the proposed annexed area ; 26 however , if there are less than 12 registered voters , the vote shall be hV landowr_ers , with each landowner having 27 one vote per acre or port-i-on thereof within the annexed territory. 28 1 NIOT'ICE 2 10 . That notice of the time and place of the public hearing shall be given by the City Clerk in the following manner : 3 A. A Notice of Public Hearing shall be published in the 4 legally designated newspaper of general circulation, being the HEMET NEWS , said publication pursuant to 5 Section 6061 of the Government Code , with said publica- tion to be completed at least seven ( 7 ) days prior to 6 the date set for the public hearing . 7 B . A Notice of Public Hearing shall be mailed, postage prepaid , to each property owner within the boundaries 8 of the area proposed for annexation, said mailing to the property owners shall be to the address as shown 9 on the last equalized assessment roll . Said mailing shall be completed at Least fifteen ( 15 ) days prior to 10 the date set for the public hearing . 11 ENVIRONMEtvTAL EVALUATION 12 11 . All environmental evaluation proceedings relating to the annexation of -Isrritory to the existing District shall be 13 completed prior to the date and time set for the public hearing . 14 15 12 . The City Clerk shall certify to the adoption of this Resolution . 16 17 MOVED , PASSED AND 24D OPTED AT A REGULAR MEETING OF SAID CITY' COUNCIL duly held thel9th day of January, 1993 . 18 g�/ ATTEST : 19 {. €. ,' A Mayor 20 Jj 21 Deputy yCity Cler( 22 CERTI I CA t E. 23 24 The foregoing is certified tc be a true copy of a Resolution duly adopted by said City of the City of San Jacinto on 251the date therein set. forth . 26 ATTEST : 27 28 Deputy City Clerk _ 1 CITY OF SAN JACINTO 2 COMMUNITY FACILITIES DISTRICT NO. 3 3 ANNEXATION NO. 4 4 EXHIE= "A" 5 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 6 The Resolution of Intention refers to this Exhibit for an explanation of the rate and apportionment of the special tax so 7 as to allow each landowner or resident within the proposed district to estimate the maximum annual amount that would be 8 required for payment . For particulars as to the rate and method of apportionment , see the following : 9 PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX 10 Taxable property categories and initial maximum annual taxes are 11 as follows: 12 MAXIMUM ANNUAL TAX PROPERTY CATEGORY ( FISCAL YEAR 1989-90 ) 13 I . RESIDENTIAL UNIT S96 . 40 per dwelling unit 14 II . COMMERCIAL AND INDUSTRIAL 50 . 05 per square foot per 15 year for developed area 16 RESIDENTIAL, COMMERCIAL AND INDUSTRIAL taxes shall be levied on all property upon the issuance of a building permit in the 17 fiscal year next following the issuance of the building permit . 13 ESCALATION OF TAX 19 The above authorized taxes for are for fiscal year 1989-90 , and are subject to annual increases to reflect increases in the 20 Consumer Price index . 21 TERM 22 The Final Land Use Res identi..a1 Tax shall be levied as long as necessary to pay for additional_ services . 23 DEF1NlT1ONS 24 -�The " Consumer Price Inde;ti" �ha.il be the Los Angeles/Riverside 25 Area - All Urban Consumer Price Index , published by the United States Bureau of Labor Sta.tist_`.cs , as said data is available 26 June 30th of each fiscal year . 27 "Developed Area" shell be that portion of the land to be developed as measured from outside walls , excluding garage, 28 covered ways and overhangs , patios and additions . " Dwelling Unity, shall niean ar-Y building and any mobilehome which is not immediately trains-oortaIDIS or any portion thereof which 2 contains living facill' ties , including provisions for sleeping, eating , cooking and sanitation , 3 "Fiscal Year,, shall be july I t-Through June 30 of any year . 4 5 For all particulars relatin-. to implementation , further 6 interpretation, definitions , and all other particulars related to the method and appcyrticnmten �, of the tax , reference is made to 7 the "Report" as previously app-ro-ved by this legislative body. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28