HomeMy WebLinkAboutResolution - 1957 RESOLUTION NO. 1957
1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY TO AN
2 EXISTING COMMUNITY FACILITIES DISTRICT
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 " ) , at this time is desirous to annex territory
to an existing Community Facilities District pursuant to the
7 terms and provisions of the "Mello-Roos Community Facilities Act
of 1982" , being Chapter 2 . 5 , Part 1 , Division 2 , Title 5 of the
8 Government Code of the State of California, and specifically
Article 3 . 5 thereof . The existing Community Facilities District
9 has been designated as COMMUNITY FACILITIES DISTRICT NO . 3
( hereinafter referred to as the "District " ) ; and,
10 WHEREAS , the area proposed to be annexed shall be known and
1] designated as COMMUNITY FACILITIES DISTRICT NO. 3 , ANNEXATION
NO. 2 ( hereinafter referred to as the "annexed territory" ) .
12
WHEREAS, this legislative body is now desirous to proceed to
13 adopt its Resolution of Intention to annex territory to the
existing District , to describe the territory included within the
14 existing District and the territory proposed for annexation, to
specify the services to be provided, to set and specify the
15 special taxes that would be levied within the territory proposed
to be annexed, and to set a time and place for a public hearing
16 relating to the annexation of territory to said District ; and,
17 WHEREAS , a map showing the territory to be annexed has been
submitted, which said map is hereby approved and a copy of said
18 map shall be kept on file with the transcript of these
proceedings .
19
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
20 City of San Jacinto , in regular session , this 7th day of May,
1991 , as follows :
21
1 . That the above recitals are all true and correct .
22
2 . That these proceedings for annexation are initiated by this
23 legislative body pursuant to the authorization of Section
53339 . 2 of the Government Code of the State of California.
24
3 . That this legislative body hereby determines that the
25 public convenience and necessity requires that certain
territory be added to the existing District and this legis-
26 lative body declares its intention to annex said territory
to the existing Community Facilities District , and a
27 description of the boundaries and territory proposed 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
4 . A general description of the territory included in the
existing District is hereinafter described as follows :
1 All that property and territory as previously included
2 within the original Community Facilities District , as said
property was shown on a map as approved by this legislative
3 body designated by the name of the original existing Commu-
nity Facilities District , a copy of which is on file in the
4 Office of the City Clerk, as well as a copy being on file
in the Office of the County Recorder .
5 5 . The name of the proposed annexation shall be known and
6 designated as COMMUNITY FACILITIES DISTRICT NO . 3 ,
ANNEXATION NO. 2 .
7 6 . That the types of public services provided in the existing
8 District are generally described as set forth below, and no
additional services are to be provided in the annexed terri-
9 tory and the existing services for the existing District
will serve the properties within the annexed territory. A
10 general description of the services authorized in the exist-
ing District is set forth as follows :
11 Additional police and fire services necessary and required
12 to meet increased demands within the boundaries of the
District .
13 7 . It is the intention of this legislative body that, except
14 where funds are otherwise available , a special tax suffi-
cient to pay for said services to be provided in the
15 annexed territory, secured by recordation of a continuing
lien against all non-exempt real property in the annexed
16 territory, will be levied annually within the boundaries of
the annexed territory . For particulars as to the rate and
17 method of apportionment of the proposed special tax ,
reference is made to the attached and incorporated Exhibit
18 "A" , which sets forth in sufficient detail the method of
apportionment to allow each landowner or resident within
19 the annexed territory to clearly estimate the maximum
amount that said person will have to pay on said special
20 tax .
21 8 . The proposed special taxes shall be collected in the same
manner as ad valorem property taxes and shall be subject to
22 the same penalties , procedure, sale and lien priority in
any case of delinquency as applicable for ad valorem taxes ;
23 however , as applicable, this legislative body may establish
and adopt an alternate or supplemental procedure as
24 necessary .
25 9 . This legislative body hereby determines that parcels owned
by regulated public utilities and in use in the providing
26 of telephone service , water , electricity, gas or other
means of heat , illumination , power or any other public
27 service, shall be exempt from the special tax .
28 10 . NOTICE IS GIVEN THAT ON THE 18TH DAY OF JUNE, 1991 , AT THE
HOUR OF 7 : 30 O' CLOCK P .M. , IN THE REGULAR MEETING PLACE OF
29 THE LEGISLATIVE BODY , BEING THE COUNCIL CHAMBERS , CITY
HALL, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE
30 BODY WILL CONSIDER THE ANNEXATION OF CERTAIN TERRITORY TO
THE EXISTING COMMUNITY FACILITIES DISTRICT, THE PROPOSED
31 METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED
WITHIN SAID PROPOSED ANNEXED TERRITORY , AND ALL OTHER
32 MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. THAT
AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ,
ANY PERSONS INTERESTED , INCLUDING TAXPAYERS , PROPERTY
OWNERS AND REGISTERED VOTERS , MAY APPEAR AND BE HEARD , AND
1 THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST
THE ANNEXATION OF TERRITORY TO THE EXISTING DISTRICT AND
2 THE FURNISHING OF THE SERVICES , WILL BE HEARD AND
CONSIDERED . ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING .
3 HOWEVER , ANY PROTESTS PERTAINING TO THE REGULARITY OR
SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND
4 CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH
THE OBJECTION IS MADE . ALL WRITTEN PROTESTS SHALL BE FILED
5 WITH THE CITY CLERK OF THE LEGISLATIVE BODY ON OR BEFORE
THE TIME FIXED FOR THE PUBLIC HEARING . WRITTEN PROTESTS
6 MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE
CONCLUSION OF THE PUBLIC HEARING .
7
11 . That notice of the time and place of the public hearing
8 shall be given by the City Clerk in the following manner :
9 A. A Notice of Public Hearing shall be published in the
legally designated newspaper of general circulation,
10 being the HEMET NEWS , said publication pursuant to
Section 6061 of the Government Code , with said publica-
11 tion to be completed at least seven ( 7 ) days prior to
the date set for the public hearing.
12 B . A Notice of Public Hearing shall be mailed , postage
13 prepaid, to each property owner within the boundaries
of the area proposed for annexation ; said mailing to
14 the property owners shall be to the address as shown on
the last equalized assessment roll . Said mailing shall
15 be completed at least fifteen ( 15 ) days prior to the
date set for the public hearing .
16 12 . All environmental evaluation proceedings relating to the
77 annexation of territory to the existing District shall be
completed prior to the date and time set for the public
18 hearing .
19 13 . The City Clerk shall certify to the adoption of this
Resolution .
20
21 MOVED , PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY
COUNCIL duly held the 7th day of May, 1991 .
2 2 , ,
ATTEST : ti
23 ' 1
Mayor
24
— — — — — — — — — — — — — — —
25 Deputy City Clerk
26
CERTIFICATE
27
28 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
29 the date therein set forth .
30
ATTEST :
31
32 �
Deputy City Clerk
,
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crTI OF GAN JAoINTo
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��oI�I�r�8 oI8�BI�� �0 3 T
ANNEXATION NO. J
2
EXHIBIT "a"
3
D8TD AND MQTOno OF APPORTIONMENT OF SPECIAL TAX
ZI
The Resolution of Intention refers to this Exhibit for an
5 explanation of the rate and apportionment of the special tax eu
an 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:
O PROPERTY r8TEQoBI8o AND MAXIMUM ANNUAL TAX
g Taxable property categories and initial maximum annual taxes are
as follows :
10
MAXIMUM ANNUAL TAX
TI PROPERTY n8TDAo8Y 1989 9U
` ^ T% I . RESIDENTIAL UNIT $96 . 40 per dwelling unit
13 II . COMMERCIAL AND I0nvoTBI8L $0 . 05 Dec square foot per
year for developed area
14
RESIDENTIAL, nnMMDBrI8L 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
Eao8L8TIo0 OF r8o
17
The above authorized taxes for are for fiscal year 1989~98 / and
18 are aobject to annual increases to reflect increases in the
roonnmez Price Index ,
19
TERM
20
The Final Land Use Residential Tax shall be levied as long an
21 necessary to pay for additional services .
22 DEFINITIONS
23 The "Consumer Price Index" shall be the Lon Angeles/Riverside
Area - All Urban Consumer Price Index , published by the United
24 States Bureau of Labor Statistics , as said data in available
nnoe 30tb of each fiscal year .
25
" oeveloped Area" shall be that portion of the laud to be
26 developed as measured from outside walls , excluding garage,
covered ways and overhangs , patios and additions .
27
"owelliug Unit" shall mean any building and any mobilebome which
28 is not immediately transportable or any portion thereof which
contains lining facilities , including provisions for sleeping,
29 eating, cooking and sanitation.
30 "Fiscal Year" shall be July I through onoe 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 .
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