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HomeMy WebLinkAboutResolution - 1968 RESOLUTION NO. 1968 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY TO AN EXISTING 2 COMMUNITY FACILITIES DISTRICT AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS 3 THIS RESOLUTION IS ADOPTED WITH REFERENCE TO THE FOLLOWING 4 FACTS: 5 WHEREAS , the CITY COUNCIL of the CITY OF SAN JACINTO , CALIFORNIA, ( hereinafter referred to as the " legislative body of 6 the local Agency" ) , has previously declared its intention and held and conducted proceedings relating to the annexation of rr territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facili- g ties Act of 1982 " , being Chapter 2 . 5 , Part 1 , Division 2 , Title 5 of the Government Code of the State of California, and specifi- 9 cally Article 3 . 5 thereof . The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT 10 NO. 3 ( hereinafter referred to as the "District" ) ; and, 11 WHEREAS, notice of a public hearing relating to the annexation of territory to the existing District , the extent of the terri- 12 tory to be annexed, the furnishing of certain facilities and all other related matters has been given, and an Annexation Report , 13 as ordered by this Agency, has been presented and considered; and, 14 WHEREAS, the area proposed to be annexed is known and desig- 15 nated as COMMUNITY FACILITIES DISTRICT NO . 3 , ANNEXATION NO. 2 ( hereinafter referred to as the "annexed territory" ) ; and, 16 WHEREAS, it has now been determined that written protests have 17 not been received by registered voters and/or property owners representing more than one-half ( 1/2 ) or more of the area of 18 land proposed to be annexed to said District or within the original District ; and, 19 WHEREAS , inasmuch as there are less than twelve ( 12 ) regis- 20 tered voters residing within the territory proposed to be annexed to the District , and have been for at least the preced- 21 ing ninety ( 90 ) days , this legislative body is desirous to submit the levy of the required special tax to the landowners of 22 the territory proposed to be annexed to the District , said landowners being the qualified electors as authorized by law. 23 NOW, THEREFORE , BE IT RESOLVED, by the City Council of the 24 City of San Jacinto, in regular session, this 18th day of June, 1991 , as follows : 25 RECITALS 26 1 . That the above recitals are all true and correct . 27 PROTESTS 28 2 . That written protests , if any, have not been received from 29 registered voters and/or landowners representing a majority protest , and all protests , if any, are hereby overruled and 30 denied. 31 ANNEXATION ORDER 32 3 . That this legislative body does hereby declare the annexa- tion of the territory to the existing Community Facilities District , known and designated as " COMMUNITY FACILITIES DISTRICT NO. 3 , ANNEXATION NO . 211 . BOUNDARIES OF ANNEXED AREA 1 4 . That the boundaries and parcels of land to be annexed and in which the public facilities are to be provided and on which 2 special taxes will be levied in order to pay the costs and expenses for said public facilities are generally described 3 as follows : 4 All that property and territory proposed to be annexed to the existing Community Facilities District, as said property 5 is shown on a map as previously approved by this legislative body, said map designated by the number of the annexation 6 and the name of the existing Community Facilities District , a copy of which is on file in the Office of the City Clerk 7 and shall remain open for public inspection. 8 DESCRIPTION OF SERVICES 9 5 . A general description of the public services provided in the existing District are generally described as set forth below 10 and no additional services are to be provided in the annexed territory and the existing services for the existing 11 District will serve the properties within the annexed terri- tory. A general description of the services authorized in 12 the existing District is set forth as follows : 13 Additional police and fire services necessary and required to meet increased demands within the boundaries of the 14 District . 15 SPECIAL TAX 16 6 . That a special tax, except where funds are otherwise avail- able, is hereby authorized, subject to voter approval , to be 17 levied annually within the boundaries of the territory to be annexed to said District . For particulars as to the rate 18 and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit 19 "A" , which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the 20 territory proposed to be annexed to the District to clearly estimate the annual amount that said person will have to pay 21 for said facilities . Said special tax shall be utilized to finance the construction , expansion , rehabilitation or 22 purchase of the public capital facilities described hereinabove. 23 VALIDITY OF PROCEEDINGS 24 7 . It is hereby further determined by this legislative body 25 that all proceedings prior hereto were valid and taken in conformity with the requirements of the law, and specifi- 26 cally the provisions of the "Mello-Roos Community Facilities Act of 1982 " , and that this finding and determination is 27 made pursuant to the provisions and authorization of Section 53325 . 1 of the Government Code of the State of California . 28 ELECTION 29 8 . This legislative body herewith submits the levy of the 30 special tax to the qualified electors , said electors being the landowners of the territory proposed to be annexed to 31 the existing District, with each landowner having one ( 1 ) vote for each acre or portion thereof of land which he or 32 she owns within the territory proposed to be annexed to the existing Community Facilities District . BALLOT 1 9 . This legislative body hereby further directs that a ballot proposition relating to the levy of the above referenced 2 special tax be prepared. This Resolution shall not consti- tute the notice of the election and the Resolution submitt- 3 ing the special tax levy to the voters shall constitute the notice of the election relating to the authorization for 4 the special tax levy . 5 NOTICE 6 10 . That the City Clerk is hereby ordered to certify to the passage of this Resolution and to file a certified copy 7 thereof with the Election Official . 8 MOVED, PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY g COUNCIL duly held the 18th day of June, 1991 . 10 ATTEST: .'' ''•, 11 Mayor ' 12 f,D'ep ty City Clerk 14 CERTIFICATE 15 The foregoing is certified to be a true copy of a Resolution 16 duly adopted by said City Council of the City of San Jacinto on the date therein set forth. 17 18 ATTEST: l9 20 _ _ _ - _ _ _ _ _ _ _ _ _ _ Deputy City Clerk 21 22 23 24 25 26 27 28 29 30 31 32 CITY OF SAN JACINTO 1 COMMUNITY FACILITIES DISTRICT NO. 3 ANNEXATION NO. 2 2 EXHIBIT "A" 3 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 4 The Resolution of Intention refers to this Exhibit for an 5 explanation of the rate and apportionment of the special tax so as to allow each landowner or resident within the proposed 6 district to estimate the maximum annual amount that would be required for payment . For particulars as to the rate and method 7 of apportionment, see the following: 8 PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX 9 Taxable property categories and initial maximum annual taxes are as follows : 10 MAXIMUM ANNUAL TAX 11 PROPERTY CATEGORY ( FISCAL YEAR 1989-90 ) 12 I . RESIDENTIAL UNIT $96 . 40 per dwelling unit 13 II . COMMERCIAL AND INDUSTRIAL $0. 05 per square foot per year for developed area 14 RESIDENTIAL, COMMERCIAL AND INDUSTRIAL taxes shall be levied on 15 all property upon the issuance of a building permit in the fiscal year next following the issuance of the building permit. 16 ESCALATION OF TAX 17 The above authorized taxes for are for fiscal year 1989-90 , and 18 are subject to annual increases to reflect increases in the Consumer Price Index . 19 TERM 20 The Final Land Use Residential Tax shall be levied as long as 21 necessary to pay for additional services . 22 DEFINITIONS 23 The "Consumer Price Index" shall be the Los Angeles/Riverside Area - All Urban Consumer Price Index , published by the United 24 States Bureau of Labor Statistics , as said data is available June 30th of each fiscal year . 25 "Developed Area" shall be that portion of the land to be 26 developed as measured from outside walls , excluding garage, covered ways and overhangs, patios and additions . 27 "Dwelling Unit" shall mean any building and any mobilehome which 28 is not immediately transportable or any portion thereof which contains living facilities , including provisions for sleeping, 29 eating, cooking and sanitation . 30 "Fiscal Year" shall be July 1 through June 30 of any year . 31 32 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 "Report" as previously approved by this legislative body.