HomeMy WebLinkAboutResolution - 2082 1 RESOLUTION NO. 2082
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, DECLARING 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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7 WHEREAS , the CITY COUNCIL of the CITY OF SAN JACINTO ,
CALIFORNIA, ( hereinafter referred to as the " legislative body of
8 the local Agency" ) , has previously declared its intention and
held and conducted proceedings relating to the annexation of
g territory to an existing Community Facilities District pursuant
to the terms and provisions of the "Mello-Roos Community
14 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 desianated as COMMUNITY FACILITIES
12 DISTRICT NO . 3 ( hereinafter referred to as the "District" ) ; and,
13 WHEREAS, notice of a public hearing relating to the annexation
of territory to the existing District , the extent of the terri-
14 tort' to be annexed, the furnishing of certain services and all
other related matters has been given, and an Annexation Report ,
15 as ordered by this Agency, has been presented and considered ;
and ,
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WHEREAS, the area proposed to be annexed is known and desig-
17 nated as COMMUNITY FACILITIES DISTRICT NO. 3 , ANNEXATION NO. 3
( hereinafter referred to as the "annexed territory" ) ; and ,
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WHEREAS , it has now been determined that written protests have
19 not been received by registered voters and/or property owners
representing more than one-half ( 1/2 ) or more of the area of
20 land proposed to be annexed to said District or within the
original District ; and,
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WHEREAS , inasmuch as there are less than twelve ( 12 ) regis-
22 tered voters residing within the territory proposed to be
annexed to the District , and have been for at least the preced-
23 ing ninety ( 90 ) days , this legislative body is desirous to
submit the levy of the required special tax to the landowners of
24 the territory proposed to be annexed to the District, said
landowners being the qualified electors as authorized by law.
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OW, THEREFORE , BE IT RESOLVED, by the City Council of the
26 city of San Jacinto , regular session, this 17th day of November,
1992 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 , known and designated as "COMMUNITY FACILITIES
9 DISTRICT NO . 3 , ANNEXATION NO. 3" .
10 BOUNDARIES OF ANNEXED AREA
11 4 . That the boundaries and parcels of land to be annexed and
in which the public facilities 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 body , said map designated by the number of the
16 annexation and the name of the existing Community
Facilities District , a copy of which is on file in the
17 Office of the City Clerk and shall remain open for public
inspection .
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DESCRIPTION OF SERVICES
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S . That the types of public services provided in the existing
20 District are generally described as set forth below, and no
additional services are to be provided in the annexed
21 territory and the existing services for the existing
District will serve the properties within the annexed
22 territory. A general description of the public services
authorized in the existing District is set forth as
23 follows :
24 Additional police and fire services necessary and required
to meet increased demands within the boundaries of the
25 District .
26 SPECIAL TAX
27 6 . That a special tax , except where funds are otherwise
available, is hereby authorized, subject to voter approval,
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1 to be levied annually within the boundaries of the terri-
tory to be annexed to said District . For particulars as to
2 the rate and method of apportionment of the proposed
special tax , reference is made to the attached and
3 incorporated Exhibit "A" , which sets forth in sufficient
detail the method of apportionment to allow each landowner
4 or resident within the territory proposed to be annexed to
the District to clearly estimate the annual amount that
5 said person will have to pay for said services . Said
special tax shall be utilized to finance the public
6 services described hereinabove .
7 VALIDITY OF PROCEEDINGS
8 7 . It is hereby further determined by this legislative body
that all proceedings prior hereto were valid and taken in
9 conformity with the requirements of the law, and specifi-
cally the provisions of the "Mello-Roos Community Facili-
10 ties Act of 1982 " , 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 .
12
ELECTION
13
8 . This legislative body herewith submits the levy of the
14 special tax to the qualified electors , said electors being
the landowners of the territory proposed to be annexed to
15 the existing District , with each landowner having one ( 1 )
vote for each acre or portion thereof of land which he or
16 she owns within the territory proposed to be annexed to the
existing Community Facilities District .
17
BALLOT
1's
9 . This legislative body hereby further directs that a ballot
19 proposition relating to the levy of the above referenced
special tax be prepared . This Resolution shall not
26 constitute the notice of the election and the Resolution
submitting the special tax levy to the voters shall
21 constitute the notice of the election relating to the
authorization for the special tax levy .
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NOTICE
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10 . That the City Clerk is hereby ordered to certify to the
24 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. 3
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
1® Taxable property categories and initial maximum annual taxes are
as follows :
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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 foot per
year for developed area
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RESIDENTIAL, COMMERCIAL AND INDUSTRIAL taxes shall be levied on
16 all property upon the issuance of a building permit in the
fiscal. year next following the issuance of the building permit .
17i ESCALATION OF TAX
1s
The above authorized taxes for are for fiscal year 1989-90 , and
191are subject to annual increases to reflect increases in the
Consumer Price Index .
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TERM
21
The Final Land Use Residential Tax shall be levied as long as
22 necessary to pay for additional services .
28 DEFINITIONS
24 The "Consumer Price Index" shall be the Los Angeles/Riverside
Area - All Urban Consumer Price Index , published by the United
25, States Bureau of Labor Statistics , as said data is available
une 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 interpre-
tation, definitions , and all other particulars related to the
method and apportionment of the tax , reference is made to the
7 "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 l7th day of November, 1992 .
2
ATTEST :
Mayor
5 D pGty� City C1
U
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CERTIFICATE
7
8 The foregoing is certified 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
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15 AYES: Councilmember_s Ford, Hafliger, Leahy, Richards, amd
16 Mayor Boykin
17 NOES; None
1s ABSTAIN: None
19 ABSENT: None
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