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HomeMy WebLinkAboutResolution - 1782 RESOLUTION NO. 1782 11 I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN 3 PUBLIC FACILITIES WITHIN SAID COMMUNITY FACILITIES DISTRICT 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 the local 7 Agency" ) , at this time is desirous to initiate proceedings to create a Community Facilities District pursuant to the terms and 8 provisions of the "Mello-Roos Community Facilities Act of 198211 , being Chapter 2 . 5 , Part 1 , Division 2 , Title 5 of the Government 9 Code of the State of California ( the "Act " ) . This Community Facilities District shall hereinafter be referred to as COMMU- 10 NITY FACILITIES DISTRICT NO . 2 ( hereinafter referred to as the "District" ) ; and, 11 WHEREAS , this legislative body is now required to proceed to 12 adopt its Resolution of Intention to initiate proceedings for the establishment of said District , to set forth the boundaries 13 for said District , indicate the type of public facilities and services to be provided , indicate the rate and apportionment of 14 a special tax sufficient to pay for all such facilities and services , set a time and place for a public hearing relating to 15 the establishment of said District , and describe the proposed voting procedure for any election pertaining to the levy of a 16 special tax or issuance bonds within the District ; and, 17 WHEREAS , at any time before or after the formation of the District , this legislative body may accept advances of funds 18 and/or work in kind from any source; however , no reimbursement and/or repayment shall be made for said advances until expressly 19 set forth by agreement and/or Resolution of this legislative body setting forth the amount , terms and conditions for any 20 reimbursement and/or repayment ; and , 21 WHEREAS , a map of said District has been submitted showing the boundaries and properties to be included within said District . 22 NOW, THEREFORE , BE IT RESOLVED, by the City Council of the 23 City of San Jacinto , in regular session, this 22nd day of November , 1938 as follows : 24 RECITALS 25 1 . That the above recitals are all true and correct . 26 INITIATION OF PROCEEDINGS 27 2 . That these proceedings are initiated by this legislative 28 body pursuant to the authorization of Section 53318 of the Government Code of the State of California . 29 BOUNDARIES OF DISTRICT 30 3 It is the intention of this legislative body to establish a 31 Community Facilities District pursuant to the provisions of the Act , the boundaries and parcels being that area of land 32 in which public facilities are to be provided and on which special taxes may be levied in order to pay the cost and expenses for said public facilities . A description of the boundaries of territory proposed to be included in the 2 District is as follows : All that property to be served by the installation of the capital facilities , as said property is shown on a map as previously approved by this legislative body, said map designated by the name of this Community Facilities 5 District , a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. 6 NAME OF DISTRICT 71 4 . The name of the proposed Community Facilities District to 8 be established shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 2 . DESCRIPTION OF FACILITIES 101 5 . That it is the intention of this legislative body to order 11I the purchase , construction , expansion or rehabilitation of certain real or other tangible property with an estimated 12 useful life of five ( 5 ) years or longer . A general descrip- tion of the public capital facilities to be provided is as 13 follows : 14 The construction and/or acquisition of certain street improvements , including grading , paving , curbs , gutters and 15 sidewalks , together with street lighting , drainage facili- ties , landscaping , sanitary sewer , water reservoir and pump 16 facilities and utility facilities , together with appurte- nances and appurtenant work, to serve an area generally 17 bounded on the South by WASHINGTON AVENUE , on the West by MERIDIAN STREET and MOUNTAIN AVENUE , on the East by HEWITT 18 Street and on the North by EVANS ( THIRD ) STREET, said improvements to serve the properties within the boundaries 19 of the District . For a full and complete description of said facilities , reference is made to the file entitled 20 "DESCRIPTION OF IMPROVEMENTS AND COST ESTIMATE" , which is hereby referenced and incorporated herein , and a copy of 21 which is on file in the Office of the City Clerk. For all particulars , reference is made to said file and report. 22 The facilities , as above-described, are facilities which 23 this legislative body is authorized by law to contribute revenue to or to construct , own or operate . It is hereby 24 further found and determined that the proposed facilities are necessary to meet increased demands and needs of this 25 local Agency . 26 DESCRIPTION OF SERVICES 27 6 . That it is the further intention of this legislative body to provide certain services that are in addition to those 28 provided in the territory of the District and will not be replacing services already available . A general descrip- 29 tion of the services to be provided is as follows : 30 Additional police and fire services needed to serve the residents and homeowners within the boundaries of the 31 District . 32 The costs of said services shall include the performance by employees of all functions , including operation and maintenance . SPECIAL TAX 1 7 . That is is hereby further proposed that , except where funds are otherwise available, a special tax sufficient to pay 2 for said facilities and related incidental expenses autho- rized by the Act will be levied annually within the bounda- 3 ries of said District . For particulars as to the rate and method of apportionment of the proposed special tax , 4 reference is made to the attached and incorporated Exhibit "A" , which sets forth in sufficient detail the method of 5 apportionment to allow each landowner or resident within the proposed District to clearly estimate the probable 6 annual amount and the maximum annual amount that said person will have to pay for said services and facilities . 7 This legislative body further authorizes that special taxes 8 may be prepaid and satisfied by the payment of the maximum present value of the special tax and all details and parti- 9 culars shall be set forth and adopted by Resolution of this legislative body. iQ The special taxes herein authorized shall be collected in 11 the same manner as ad valorem property taxes and shall be subject to the same penalties , procedure, sale and lien 12 priority in any case of delinquency, as applicable for ad valorem taxes . 1'3 PUBLIC HEARING 14 B . NOTICE IS GIVEN THAT ON THE 3RD DAY OF JANUARY , 19'8a , AT 15 THE HOUR OF 7 : 30 O ' CLOCK P . M. , IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY , BEING THE COUNCIL CHANBERS , CITY 16 HALL, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED COMMU- 17 NITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APPORTION- MENT OF THE SPECIAL TAX , AND ALL OTHER MATTERS AS SET FORTH 18 IN THIS RESOLUTION OF INTENTION . THAT AT THE ABOVE- MENTIONED TIME AND PLACE FOR PUBLIC HEARING, ANY PERSONS 19 INTERESTED , INCLUDING TAXPAYERS , PROPERTY OWNERS AND REGISTERED VOTERS , MAY APPEAR AND BE HEARD , AND THAT THE 20 TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE DISTRICT, THE EXTENT OF THE DISTRICT , 21 OR THE FURNISHING OF THE SERVICES AND FACILITIES , WILL BE HEARD AND CONSIDERED . ANY PROTESTS MAY BE MADE ORALLY OR 22 IN WRITING . HOWEVER, ANY PROTESTS PERTAINING TO THE REGULA- RITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING 23 AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE . ALL WRITTEN PROTESTS SHALL BE 24 FILED WITH THE CITY CLERK OF THE LEGISLATIVE BODY ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING . WRITTEN 25 PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. 26 IF WRITTEN PROTESTS AGAINST THE ESTABLISHMENT OF THE 27 DISTRICT ARE FILED BY FIFTY PERCENT ( 50% ) OR MORE OF THE REGISTERED VOTERS , OR SIX ( 6 ) REGISTERED VOTERS , WHICHEVER 28 IS GREATER , RESIDING WITHIN THE PROPOSED DISTRICT , OR OWNERS OF ONE-HALF ( 1/ 2 ) OR MORE OF THE AREA OF LAND 29 PROPOSED WITHIN THE DISTRICT , THE PROCEEDINGS SHALL BE ABANDONED . IF SAID MAJORITY PROTEST IS LIMITED TO CERTAIN 30 SERVICES , FACILITIES OR SPECIAL TAX, THOSE SERVICES , FACILI- TIES OR THAT TAX SHALL BE ELIMINATED BY THE LEGISLATIVE 31 BODY . 32 SPECIAL TAX 1 7 . That is is hereby further propcsed that , except where funds are otherwise available , a special tax sufficient to pay 2 for said facilities and related incidental expenses autho- rized by the Act will be levied annually within the bounds- Ties of said District . For particulars as to the rate and method of apportionment of the proposed special tax , reference is made to the attached and incorporated Exhibit "A" , which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to clearly estimate the probable 6 annual amount and the maximum annual amount that said person will have to pay for said services and facilities . 7 This legislative body further authorizes that special taxes may be prepaid and satisfied by the payment of the maximum present value of the special tax and all details and parti- culars shall be set forth and adopted by Resolution of this legislative body . 101 The special tares herein authorized shall be collected in 11 the same manner as ad valorem property taxes and shall be subject to the same penalties , procedure , sale and lien 12 priority in any case of delinquency, as applicable for ad valorem taxes . 13 PUBLIC HEARING 1L i S . NOTICE IS GIVEN THAT ON THE 3P,D DAY OF JANUARY , 1,929, AT THE HOUR OF 7 : 30 O ' CLOCK P . M . , IN THE REGULAR I4EETING PLACE OF THE LEGISLATIVE BODY , BEING THE COUNCIL CHAMBERS , CITY 16 HALL , A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED COMMU- 17 NITY FACILITIES DISTRICT , THE PROPOSED METHOD AND APPORTION- MENT OF' THE SPECIAL TAX , AND ALL OTHER MATTERS AS SET FORTH 18 IN THIS RESOLUTION OF INTENTION . THAT AT THE ABOVE- MENTIONED TIME AND PLACE FOR PUBLIC HEARING , ANY PERSONS 19 INTERESTED , INCLUDING TAXPAYERS , PROPERTY OWNERS AND REGISTERED VOTERS , MAY APPEAR AND BE HEARD , AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE DISTRICT , THE EXTENT OF THE DISTRICT , '1 OP. THE FURNISHING OF THE SERVICES AND FACILITIES , MILL BE HEARD AND CONSIDERED . ANY PROTESTS MAY BE MADE ORALLY OR 22 ( IN WRITING . HOWEVER, ANY PROTESTS PERTAINING TO THE REGULA- PITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IM WRITING 3 ixPN'D CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE . ALL WRITTEN PROTESTS SHALL BE icy FILED WITH THE CITY CLERK OF THE LEGISLATIVE BODY ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING , WRITTEN ,:s t PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING . 26 IF WRITTEN PROTESTS AGAINST THE ESTABLISHMENT OF THE "; DISTRICT ARE FILED BY FIFT1` PERCENT ( SUS ) OR MORE OF THE F REGISTERED VOTERS , OR SIX ( S ) REGISTERED VOTERS , WHICHEVER G j IS GREATER , RESIDING WITHIN THE PROPOSED DISTRICT , OR. OWNERS OF ONE-HALF ( 1 / 2 ) OR MORE OF THE AREA OF LAND 21d PROPOSED WITHIN THE DISTRICT , THE PROCEEDINGS SHALL BE ABANDONED . IF SAID MAJORITY PROTEST IS LIMITED TO CERTAIN 3() SERVICES , FACILITIES OR SPECIAL TAX , THOSE SERVICES , FACILI- TIES OR THAT TAX. SHALL BE ELIMINATED BY THE LEGISLATIVE E BODY , 3 i ELECTION 1 8 . If , following the public hearing described in the Section above , the legislative body determines to establish the 2 District and proposes to levy a special tax within the District , the legislative body shall then submit the levy 3 of the special taxes to the qualified electors of the District . If at least twelve ( 12 ) persons , who need not 4 necessarily be the same twelve ( 12 ) persons , have been registered to vote within the District for each of the 5 ninety ( 90 ) days preceding the close of the subject hear- ing , the vote shall be by registered voters of the 6 District , with each voter having one ( 1 ) vote . Otherwise, the vote shall be by the landowners of the District who 7 were the owners of record at the close of the subject hearing, with each landowner having one ( 1 ) vote for each 8 acre or portion of an acre of land owned within the District . 9 A successful election relating to the special tax authoriza- 10 tion shall , as applicable , establish and/or change the appropriations limit as authorized by Article XIIIB of the 17 California Constitution as it is applicable to this District . 12 NO PRIVATE CONTRACT 13 9 . This legislative body hereby finds and determines that the 14 public interest will not be served by allowing the property owners of 3/41s of the area to make an election to take 15 over and perform any works of improvement pursuant to a contract awarded by this legislative body. This finding 16 does not prohibit the property owners from directly enter- ing into a contract to perform and construct certain of the 17 works of improvement . 18 NOTICE 19 10 . That notice of the time and place of the public hearing shall be given by the City Clerk in the following manner : 20 A. A Notice of Public Hearing shall be published in the 21 legally designated newspaper of general circulation , being the HEMET NEWS , said publication pursuant to 22 Section 6061 of the Government Code , with said publica- tion to be completed at least seven ( 7 ) days prior to 23 the date set for the public hearing . 24 B . A Notice of Public Hearing shall be mailed , postage prepaid , to each property owner and registered voter 25 within the boundaries of the proposed District; said mailing to the property owners shall be to the address 26 as shown on the last equalized assessment roll . Said mailing shall be completed at least fifteen ( 15 ) days 27 prior to the date set for the public hearing . 28 ENVIRONMENTAL REVIEW 29 11 . All environmental evaluation proceedings relating to the establishment and funding of this District s h a I I be 30 completed prior to the date and time set for the public hearing . 31 32 CERTIFICATION 1 12 . The City Clerk shall certify to the adoption of this Resolution . 2 3 MOVED , PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY COUNCIL duly held the 22nd day of November , 19^ 4 ATTEST: M a y c�,� 6 Deputy City Clerk 7 8 CERTIFICATE 9 The foregoing is certified to be a true copy of a Resolution 10 duly adopted by said City Council of the City of San Jacinto on the date therein set forth. 11 12 ATTEST : 13 n 14 - - - - '� �"." ,� Yid�_�✓t. -x_'x"__t�---....-•'d Deputy City Clerk 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 i CITY OF SAN JACINTO 1 COMMUNITY FACILITIES DISTRICT NO . 2 2 3 EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 5 6 The Resolution of Intention refers to this Exhibit for an explanation of the rate and apportionment of the special tax so 7 as to allow each landowner or resident within the proposed district to estimate the maximum annual amount that would be 8 required for payment . For particulars as to the rate and method of apportionment , see the following : 9 10 PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX 11 Taxable property categories and initial maximum annual taxes are as follows : 12 MAXIMUbi ANNUAL TAX 13 PROPERTY CATEGORY ( FISCAL YEAR 1989-90 ) 14 I RESIDENTIAL UNIT TAX "A $0 . 59 per square foot per 15 year for developed area 16 TAX "B" : $96 . 40 per dwelling unit 17 II . COMMERCIAL AND TAX "A" : $1 . 00 per square foot per INDUSTRIAL year for developed area 18 TAX "B" : $0 . 05 per square foot per 19 year for developed area 20 RESIDENTIAL, COMMERCIAL AND INDUSTRIAL taxes shall be levied on 21 all property upon the issuance of a building permit in the fiscal year next following the issuance of the building permit . 22 23 III . ACREAGE 24 The following acreage shall be that as shown on any approved tentative or final parcel map and/or subdivision 25 map: 26 A. APARTMENT UNIT : Not to exceed $7500 per acre per year 27 B . ANY OTHER RESIDENTIAL USE : Not to exceed $6500 28 per acre per year 29 C . COMMERCIAL AND INDUSTRIAL USE : Not to exceed $7500 per year 30 ALL OTHER ACREAGE NOT SHOWN ON A MAP : Not to exceed $7500 31 per year 32 APPLICATION OF TAX 1 FIRST, each year determine the amount of money necessary to pay for all authorized facilities , services and bond obligation. 2 SECOND , determine number of taxable RESIDENTIAL, COMMERCIAL AND 3 INDUSTRIAL UNITS where building permits have been issued as of June 30th of any fiscal year and levy taxes not to exceed the 4 annual maximum amount allowable . 5 THIRD , to the extent necessary to make payments for bond obliga- tion and/or for authorized services , levy taxes on ACREAGE land 6 not to exceed the maximum amounts allowable . 7 ESCALATION OF TAX 8 The above authorized taxes for are for fiscal year 1989-90 , and 9 are subject to annual increases as follows : 10 TAX "A " ( RESIDENTIAL , COMMERCIAL AND INDUSTRIAL ) shall be annually increased to reflect increases in the Construction Cost 11 Index , but not less than 2% per year . Once property is subject to a building permit , the property and tax rate shall be subject 12 to the annual increase not to exceed 2% per year . 13 TAX " B " ( RESIDENTIAL , COMMERCIAL AND INDUSTRIAL ) shall be annually increased to reflect increases in the Consumer Price 14 Index . 15 The CATEGORY" III ACREAGE TAX shall be annually increased to reflect increases in the Construction Cost Index . 16 17 TERM 18 The Final Land Use Tax "A" for Residential , Commercial and Industrial taxes , shall be levied for a period of 25 years from 19 its initial levy. 20 The Final Land Use Residential Tax "B" shall be levied as long as necessary to pay for additional services . 21 The Acreage Tax shall be levied as long as necessary to make ?2 payment for services and payment on bond obligations . 23 DEFINITIONS 24 The " Construction Cost Index" shall be the Construction Cost N5 Index for the City of Los Angeles , as adjusted annually, based upon available data as of June 30th of each year , as set forth 26 in the Engineering News-Record ( ENR) McGraw-Hill Construction Weekly . 27 The "Consumer Price Index" shall be the Los Angeles/Riverside 28 Area - All Urban Consumer Price Index , published by the United States Bureau of Labor Statistics , as said data is available 29 June 30th of each fiscal year . 30 31 32 " Developed Area " shall be all land as measured from outside walls , excluding garage , covered ways and overhangs , patios and 1 additions . 2 " Fiscal Year" shall be July 1 through June 30 . 3 4 For all particulars relating to implementation , further interpre- tation, definitions , and all other particulars related to the 5 method and apportionment of the tax , reference is made to the Report of Engineer as previously approved by this legislative 6 body . 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32