HomeMy WebLinkAboutResolution - 1782 RESOLUTION NO. 1782
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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
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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
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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
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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
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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 .
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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 .
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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
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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.
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12 ATTEST :
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n
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'� �"." ,� Yid�_�✓t. -x_'x"__t�---....-•'d
Deputy City Clerk
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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
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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 .
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" 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 .
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