HomeMy WebLinkAboutResolution - 2083 1 RESOLUTION NO. 2083
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, SUBMITTING TO THE QUALIFIED ELECTORS IN AN ANNEXED
AREA OF A COMMUNITY FACILITIES DISTRICT A PROPOSITION TO LEVY A
SPECIAL TAX AND ESTABLISHING PROCEDURES AND CONDITIONS FOR
4 CONDUCTING AN ELECTION
5
THIS RESOLUTION IS ADOPTED WITH REFERENCE TO THE FOLLOWING
6 FACTS:
WHEREAS , the CITY COUNCIL of the CITY OF SAN JACINTO ,
8 CALIFORNIA, ( hereinafter referred to as the " legislative body of
the local Agency" ) , has previously declared its intention and
9 held and conducted proceedings relating to the annexation of
territory to an existing Community Facilities District pursuant
10 to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982 " , being Chapter 2 . 5 , Part 1 , Division 2 ,
11 Title 5 of the Government Code of the State of California, and
specifically Article 3 . 5 thereof . The existing Community
12 Facilities District has been designated as COMMUNITY FACILITIES
DISTRICT NO . 3 ( hereinafter referred to as the "District" ) ; and,
13
WHEREAS, the area proposed to be annexed is known and desig-
14 nated as COMMUNITY FACILITIES DISTRICT NO. 3 , ANNEX_ATION NO . 3
( hereinafter referred to as the "annexed territory" ) ; and ,
15
WHEREAS , at this time this legislative body is desirous to
16 proceed to make the necessary findings to levy the special tax
within the annexed territory and to authorize the submittal of a
17 proposition to the qualified electors , being the landowners of
the territory proposed to be annexed , and establishing terms and
18 conditions for the conduct of the election.
19 NOW , THEREFORE, BE IT RESOLVED, by the City Council of the
City of San Jacinto , in regular session, this 17th day of
20 November , 1992 as follows :
21 RECITALS
22 1 . That the above recitals are all true and correct .
23 LEVY OF SPECIAL TAX
24 2 . That this legislative body does hereby specifically autho-
rize the levy of a special tax within the annexed terri-
25 tory, all as authorized under the terms and provisions of
the "Mello-Roos Community Facilities Act of 1982 " , in order
26 to finance the authorized public services .
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I ANNEXED AREA
2 3 . That the territory to be annexed to the District wit pay
the referenced special tax levy . A general description of
3 the territory to be annexed is as follows :
4 All that property and territory proposed to be annexed to
the existing Community Facilities District , as said
5 property is shown on a map as previously approved by this
legislative body , said map designated by the number of the
6 annexation and the name of the existing Community Facili-
ties District , a copy of which is on file in the Office of
7 the City Clerk and shall remain open for public inspection.
8 SPECIAL TAX RATE
9 4 . That the amount of the special tax levy is as set forth in
the RESOLUTION OF INTENTION TO ANNEX , and said special tax
10 shall be secured by recordation of a continuing lien
against all non-exempt real property within the annexed
11 territory . The tax for the annexed territory is the same
as that for the original District , and for further
12 particulars relating to the special tax , reference is made
to the BALLOT and tax rate and apportionment formula as set
13 forth herein, which is a part of this Resolution .
14 ELECTION
15 5 . The proposition related to the levy of the special tax
shall be submitted to the qualified electors of the annexed
16 territory , said electors being the landowners , with each
landowner having one ( 1 ) vote for each acre or portion
17 thereof of land which he or she owns within said annexed
territory. The special election shall be held on the 24TH
13 DAY OF NOVEMBER, 1992 , and said election shall be a special
mailed ballot election to be conducted by the City Clerk
19 ( hereinafter "Election Official" ) . If the proposition for
the levy of the special tax receives the approval of more
20 than two-thirds ( 2/3 ) of the votes cast on the proposition,
the special tax may be levied as provided for in the
21 Resolution of Intention to Annex .
22 BALLOT
23 6 . That the ballot proposal to be submitted to the qualified
voters at the election shall generally be as follows :
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1 PROPOSITION
2 CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO . 3
3 ANNEXATION NO . 3 , AUTHORIZATION FOR
SPECIAL TAX LEVY
4
Shall Community Facilities District No . 3 ,
5 City of San Jacinto, be authorized to levy YES
the special taxes specified below on pro-
6 perties within the boundaries of Annexation
No . 3 to pay for authorized public services? NO
7 f
8
EXISTING TAX RATE AND APPORTIONMENT
9
The existing tax rate and apportionment for the tax
10 categories identified below, as previously approved for
Community Facilities District No. 3 , Annexation No. 3 , are
11 as follows :
12
PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX
13
Taxable property categories and initial maximum annual
14 taxes are as follows :
15 MAXIMUM ANNUAL TAX
PROPERTY CATEGORY ( FISCAL YEAR 1989-90 )
16
I . RESIDENTIAL UNIT $96 . 40 per dwelling unit
17
II . COMMERCIAL AND INDUSTRIAL $0 . 05 per square foot per
18 year for developed area
19 RESIDENTIAL , COMMERCIAL AND INDUSTRIAL taxes shall be
levied on all property upon the issuance of a building
20 permit in the fiscal year next following the issuance of
the building permit .
21
ESCALATION OF TAX
22
The above authorized taxes for are for fiscal year 1989-90 ,
23 and are subject to annual increases to reflect increases in
the Consumer Price Index .
24
TERM
25
The Final Land Use Residential Tax shall be levied as long
26 as necessary to pay for additional services .
27 **
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For all further particulars relating to the special tax ,
reference is made to the full text as set forth in the
2 RESOLUTION DECLARING ANNEXATION OF TERRITORY as previously
approved .
VOTE
4
7 . That the appropriate mark placed in the voting square after
5 the word "YES" shall be counted in favor of the adoption of
the proposition, and the appropriate mark placed in the
6 voting square after the word "NO" in the manner as autho-
rized , shall be counted against the adoption of said
7 proposition .
8 ELECTION PROCEDURE
9 8 . The Election Official is hereby authorized to take any and
all steps necessary for the holding of said election . Said
10 Election Official shall perform and render all services and
proceedings incidental to and connected with the conduct of
11 said election, and said services shall include , but not be
limited to the following:
12
( a) Prepare and furnish to the election officers necessary
13 election supplies for the conduct of the election.
14 ( b ) Cause to be printed the requisite number of official
ballots , talley sheets and other necessary forms .
15
( c ) Furnish and address official ballots for the qualified
16 electors of the Community Facilities District .
17 ( d) Cause the official ballots to be mailed and/or
delivered, as required by law.
18
( e ) Receive the returns of the election .
19
( f ) Sort and assemble the election material and supplies
20 in preparation for the canvassing of the returns .
21 ( g) Canvass the returns of the election .
22 ( h) Furnish a tabulation of the number of votes given in
the election .
23
( i ) Make all arrangements and take the necessary steps to
24 pay all costs of the election incurred as a result of
services performed by the District and pay costs and
25 expenses of all election officials .
26 ( j ) Conduct and handle all other matters relating to the
proceedings and conduct of the election in the manner
27 and form as required by law .
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CERTIFICATION
2 9 - That the City Clerk is hereby ordered to certify to the
passage of this Resolution and to file a certified copy
3 thereof with the Election official .
4
MOVED , PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY
COUNCIL duly held the 17th day of November , 1992 .
6 ATTEST :
7 mayor
4
Del City Clerk-
10 CERTIFICATE
11
The foregoing is certified to be a true copy of a Resolution
12 duly adopted by said city council of the City of San Jacinto on
the date therein set forth .
is
14 ATTEST :
15
16 - - - - - - - - - - - - - - -
Deputy City Clerk
17
18 AYES- Councilmembers Ford, Hafliqer, Leahy, Richards, and
Mayor Boykin
19
NOES-. None
20
ABSTAIN- None
21
ABSENT- None
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