Loading...
HomeMy WebLinkAboutResolution - 1969 RESOLUTION NO. 1969 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, SUBMITTING TO THE QUALIFIED ELECTORS IN AN ANNEXED 2 AREA OF A COMMUNITY FACILITIES DISTRICT A PROPOSITION TO LEVY A SPECIAL TAX AND ESTABLISHING PROCEDURES AND CONDITIONS FOR 3 CONDUCTING AN ELECTION 4 THIS RESOLUTION IS ADOPTED WITH REFERENCE TO THE FOLLOWING 5 FACTS: 6 WHEREAS , the CITY COUNCIL of the CITY OF SAN JACINTO , CALIFORNIA, ( hereinafter referred to as the " legislative body of 7 the local Agency" ) , has previously declared its intention and held and conducted proceedings relating to the annexation of 8 territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facili- 9 ties Act of 198211 , being Chapter 2 . 5 , Part 1 , Division 2 , Title 5 of the Government Code of the State of California, and specifi- 10 cally Article 3 . 5 thereof . The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT 11 NO. 3 ( hereinafter referred to as the "District" ) ; and, 12 WHEREAS, the area proposed to be annexed is known and desig- nated as COMMUNITY FACILITIES DISTRICT NO. 3 , ANNEXATION NO. 2 13 ( hereinafter referred to as the "annexed territory" ) ; and, 14 WHEREAS , at this time this legislative body is desirous to proceed to make the necessary findings to levy the special tax 15 within the annexed territory and to authorize the submittal of a proposition to the qualified electors , being the landowners of 16 the territory proposed to be annexed, and establishing terms and conditions for the conduct of the election. 17 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the 18 City of San Jacinto, in regular session, this 18th day of June, 1991 , as follows : 19 RECITALS 20 1 . That the above recitals are all true and correct . 21 LEVY OF SPECIAL TAX 22 2 . That this legislative body does hereby specifically autho- N3 rize the levy of a special tax within the annexed terri- tory, all as authorized under the terms and provisions of 24 the "Mello-Roos Community Facilities Act of 1982 " , in order to finance the authorized public services . 25 ANNEXED AREA 26 3 . That the territory to be annexed to the District will pay 27 the referenced special tax levy. A general description of the territory to be annexed is as follows: 28 All that property and territory proposed to be annexed to 29 the existing Community Facilities District , as said property is shown on a map as previously approved by this 30 legislative body, said map designated by the number of the annexation and the name of the existing Community Facili- 31 ties District , a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. 32 SPECIAL TAX RATE 1 4 . That the amount of the special tax levy is as set forth in the RESOLUTION OF INTENTION TO ANNEX, and said special tax 2 shall be secured by recordation of a continuing lien against all non-exempt real property within the annexed 3 territory. The tax for 'the annexed territory is the same as that for the original District , and for further particu- 4 lars relating to the special tax , reference is made to the BALLOT and tax rate and apportionment formula as set forth 5 herein, which is a part of this Resolution. 6 ELECTION 7 5 . The proposition related to the levy of the special tax shall be submitted to the qualified electors of the annexed 8 territory, said electors being the landowners , with each landowner having one ( 1 ) vote for each acre or portion 9 thereof of land which he or she owns within said annexed territory. The special election shall be held on the 20TH 10 DAY OF JUNE , 1991 , and said election shall be a special mailed ballot election to be conducted by the City Clerk 11 ( hereinafter "Election Official " ) . If the proposition for the levy of the special tax receives the approval of more 12 than two-thirds ( 2/3 ) of the votes cast on the proposition, the special tax may be levied as provided for in the Resolu- 13 tion of Intention to Annex . 14 BALLOT 15 6 . That the ballot proposal to be submitted to the qualified voters at the election shall generally be as follows : 16 PROPOSITION A 17 CITY OF SAN JACINTO 16 COMMUNITY FACILITIES DISTRICT NO. 3 ANNEXATION NO. 2 , AUTHORIZATION FOR 19 SPECIAL TAX LEVY 20 Shall Community Facilities District No. 3 , City of San Jacinto , be authorized to YES 21 levy the special taxes specified below on 0 properties within the boundaries of Annexa- 22 tion No. 2 of Community Facilities District NO No. 3 to pay for authorized public services? 23 EXISTING TAX RATE AND APPORTIONMENT 24 The existing tax rate and apportionment for the tax catego- 25 ries identified below, as previously approved for Community Facilities District No . 3 , Annexation No . 2 , are as 26 follows : 27 PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX 28 Taxable property categories and initial maximum annual taxes are as follows : 29 MAXIMUM ANNUAL TAX 30 PROPERTY CATEGORY ( FISCAL YEAR 1989-90 ) 31 I . RESIDENTIAL UNIT $96 . 40 per dwelling unit 32 II . COMMERCIAL AND INDUSTRIAL $0 . 05 per square foot per year for developed area RESIDENTIAL , COMMERCIAL AND INDUSTRIAL taxes shall be levied on all property upon the issuance of a building 1 permit in the fiscal year next following the issuance of the building permit . 2 ESCALATION OF TAX 3 The above authorized taxes for are for fiscal year 1989-90 , 4 and are subject to annual increases to reflect increases in the Consumer Price Index . 5 TERM 6 The Final Land Use Residential Tax shall be levied as long �r as necessary to pay for additional services . 9 For all further particulars relating to the special tax , reference is made to the full text as set forth in the 10 RESOLUTION DECLARING ANNEXATION OF TERRITORY as previously approved . 11 VOTE 12 7 . That the appropriate mark placed in the voting square after 13 the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the 1q voting square after the word "NO" in the manner as autho- rized , shall be counted against the adoption of said 15 proposition. 16 ELECTION PROCEDURE 17 8 . The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said 18 Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of 19 said election, and said services shall include, but not be limited to the following : 20 ( a) Prepare and furnish to the election officers necessary 21 election supplies for the conduct of the election. 22 (b ) Cause to be printed the requisite number of official ballots, talley sheets and other necessary forms . 23 ( c ) Furnish and address official ballots for the qualified 24 electors of the Community Facilities District . 25 (d ) Cause the official ballots to be mailed or delivered, as required by law . 26 ( e ) Receive the returns of the election. 27 ( f ) Sort and assemble the election material and supplies 28 in preparation for the canvassing of the returns . 29 ( g) Canvass the returns of the election. 30 ( h ) Furnish a tabulation of the number of votes given in the election. 31 ( i ) Make all arrangements and take the necessary steps to 32 pay all costs of the election incurred as a result of services performed by the District and pay costs and expenses of all election officials . ( j ) Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner 1 and form as required by law. 2 CERTIFICATION 3 9 . That the City Clerk is 'hereby ordered to certify to the passage of this Resolution and to file a certified copy 4 thereof with the Election Official . 51 MOVED, PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY 6 COUNCIL duly held the 18th day of June, 1991 . 7 ATTEST : 8 t Mayor D_etest City Clerk 10 ; 11 CERTIFICATE 12 The foregoing is certified to be a true copy of a Resolution 13 duly adopted by said city Council of the City of San Jacinto on the date therein set forth . 14 15 ATTEST : 16 17 - - - - - - - - - - - Deputy City Clerk 18 19 20 21 22 23 i 24 25 26 27 28 29 30 31 32