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HomeMy WebLinkAboutResolution - 1793 RESOLUTION NO. 1793 :L RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY 2 FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC SERVICES WITHIN SAID COMMUNITY FACILITIES DISTRICT 3 I 4I THIS RESOLUTION IS ADOPTED WITH REFERENCE TO THE FOLLOWING FACTS: 5 WHEREAS , the CITY COUNCIL of the CITY OF SAN JACINTO, CALIFORNIA 6 ( hereinafter referred to as the " legislative body of the local Agency" ) , at this time is desirous to initiate proceedings to 7 create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982 " , 8 being Chapter 2 . 5 , Part 1 , Division 2 , Title 5 of the Government Code of the State of California. This Community Facilities 9 District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO . 3 ( hereinafter referred to as the 10 "District" ) ; and, 11 WHEREAS , this legislative body is now required to proceed to adopt its Resolution of Intention to initiate proceedings for 12 the establishment of said District , to set forth the boundaries for said District , indicate the type of public services to be 13 provided , indicate the rate and apportionment of a special tax sufficient to pay for all such services , and set a time and 14 place for a public hearing relating to the establishment of said District ; and, 15 WHEREAS , a map of said District has been submitted showing the 1.6 boundaries and properties to be included within said District . 17 NOW , THEREFORE , BE IT RESOLVED, by the City Council of the City of San Jacinto , in regular session , this 3rd day of 18 January, 1989 as follows : 19 RECITALS 20 1 . That the above recitals are all true and correct . 21 INITIATION OF PROCEEDINGS 22 2 . That these proceedings are initiated by this legislative body pursuant to the authorization of Section 53318 of the 23 Government Code of the State of California . 24 BOUNDARIES OF DISTRICT 25 3 . It is the intention of this legislative body to establish a Community Facilities District , the boundaries and parcels 26 being that area of land in which public services are to be provided and on which special taxes may be levied in order 27 to pay the cost and expenses for said public services . A description of the boundaries of territory proposed to be 28 included in the District is as follows : 29 All that property to be served by the proposed public services , as said property is shown on a map as previously 30 approved by this legislative body, said map designated by the name of this Community Facilities District , a copy of 31 which is on file in the Office of the City Cleric and shall remain open for public inspection. 32 NAME OF DISTRICT 1 4 . The name of the proposed Community Facilities District to be established shall be known and designated as COMMUNITY 2 FACILITIES DISTRICT NO. 3 . 3 DESCRIPTION OF SERVICES 4 5 . That it is the intention of this legislative body to order and provide the following type and/or types of additional services within the area of the Community Facilities District : 6 Additional police and fire services necessary and required 7 to meet increased demands within the boundaries of the District . For further particulars , a description of 8 services shall be contained in the "Report" to be presented to this legislative body at or before the time set for the 9 public hearing on the establishment of this District . 10 The services , as above-described, are services as autho- rized by law and in addition to those provided in the terri- 11 tory of the District , and said services shall not supplant or replace specific services already available within that 12 territory. 13 SPECIAL TAX 14 6 . That is is hereby further proposed that , except where funds are otherwise available, a special tax sufficient to pay 15 for said services and related incidental expenses autho- rized by the Act , secured by recordation of a continuing 16 lien against all non-exempt real property in the District: , will be levied annually within the boundaries of said 17 District . For particulars as to the rate and method of apportionment of the proposed special tax , reference is 18 made to the attached and incorporated Exhibit "A" , which sets forth in sufficient detail the method of apportionment 19 to allow each landowner or resident within the proposed District to clearly estimate the probable annual amount and 20 the maximum annual amount that said person will have to pay for said services . 21 The special taxes herein authorized shall be collected in 22 the same manner as ad valorem property taxes and shall be subject to the same penalties , procedure , sale and lien 23 priority in any case of delinquency as applicable for ad valorem taxes . 24 PUBLIC HEARING 25 7 . NOTICE IS GIVEN THAT ON THE 7TH DAY OF FEBRUARY , 1989 , AT 26 THE HOUR OF 7 : 30 O ' CLOCK P . M. , IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY , BEING THE COUNCIL CHAMBERS , CITY 27 HALL, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED 28 COMMUNITY FACILITIES DISTRICT , THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS 29 SET FORTH IN THIS RESOLUTION OF INTENTION . THAT AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING, ANY 30 PERSONS INTERESTED , INCLUDING TAXPAYERS , PROPERTY OWNERS AND REGISTERED VOTERS , MAY APPEAR AND BE HEARD , AND THAT 31 THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE DISTRICT, THE EXTENT OF THE DISTRICT, 32 OR THE FURNISHING OF THE SERVICES , WILL BE HEARD AND CONSIDERED . ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING . HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR 1 SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH 2 THE OBJECTION IS MADE . ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK OF THE LEGISLATIVE BODY ON OR BEFORE 3 THE TIME FIXED FOR THE PUBLIC HEARING . WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE 4 CONCLUSION OF THE PUBLIC HEARING. 5 IF WRITTEN PROTESTS AGAINST THE ESTABLISHMENT OF THE DISTRICT ARE FILED BY FIFTY PERCENT ( 50% ) OR MORE OF THE 6 REGISTERED VOTERS, OR SIX ( 6 ) REGISTERED VOTERS , WHICHEVER IS GREATER , RESIDING WITHIN THE PROPOSED DISTRICT, OR 7 OWNERS OF ONE-HALF ( 1/2 ) OR MORE OF THE AREA OF LAND PROPOSED TO BE INCLUDED WITHIN THE DISTRICT AND NOT EXEMPT 8 FROM THE SPECIAL TAX, THE PROCEEDINGS SHALL BE ABANDONED. IF SAID MAJORITY PROTEST IS LIMITED TO CERTAIN SERVICES OR 9 SPECIAL TAX, THOSE SERVICES OR THAT TAX SHALL BE ELIMINATED BY THE LEGISLATIVE BODY . 10 ELECTION 11 8 . If , following the public hearing described in the Section 12 immediately below, the legislative body determines to estab- lish the District and proposes to levy a special tax within 13 the District , the legislative body shall then submit the levy of the special taxes to the qualified electors of the 14 District . If 'at least twelve ( 12 ) persons , who need not necessarily be the same twelve ( 12 ) persons , have been 15 registered to vote within the District for each of the ninety ( 90 ) days preceding the close of the subject 16 hearing , the vote shall be by registered voters of the District , with each voter having one ( 1 ) vote . Otherwise, 17 the vote shall be by the landowners of the District who were the owners of record at the close of the subject 18 hearing, with each landowner having one ( 1 ) vote for each acre or portion of an acre of land owned within the 19 District . 20 A successful election relating to the special tax authoriza- tion shall , as applicable , establish and/or change the 21 appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to this 22 District . 23 NOTICE 24 9 . That notice of the time and place of the public hearing 25 shall be given by the City Clerk in the following manner : A . A Notice of Public Hearing shall be published in the 26 legally designated newspaper of general circulation , being the HEMET NEWS , said publication pursuant to 27 Section 6061 of the Government Code, with said publica- tion to be completed at least seven ( 7 ) days prior to 28 the date set for the public hearing . 29 B . A Notice of Public Hearing shall be mailed, postage prepaid , to each property owner and registered voter 30 within the boundaries of the proposed District ; said mailing to the property owners shall be to the address 31 as shown on the last equalized assessment roll . Said mailing shall be completed at least fifteen ( 15 ) days 32 prior to the date set for the public hearing . 10 . The City Clerk shall certify to the adoption of this Resolution . 1 2 MOVED , PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY COUNCIL duly held the 3rd day of January, 1989 . 3 w ATTEST: f ` Mayor F -6 Deputy City Clerk 7 CERTIFICATE 9 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 10 the date therein set forth . 11 ATTEST : 12 13 14 Deputy City Clerk 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CITY OF SAN JACINTO 1 COMMUNITY FACILITIES DISTRICT NO. 3 2 EXHIBIT "A" 3 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 4 The Resolution of Intention refers to this Exhibit for an explanation of the rate and apportionment of the special tax so 5 as to allow each landowner or resident within the proposed district to estimate the maximum annual amount that would be 6 required for payment . For particulars as to the rate and method of apportionment, see the following : 7 PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX Taxable property categories and initial maximum annual taxes are 9 as follows : 10 MAXIMUM ANNUAL TAX PROPERTY CATEGORY ( FISCAL YEAR 1989-90 ) 11 I . RESIDENTIAL UNIT $96 . 40 per dwelling unit 12 II . COMMERCIAL AND INDUSTRIAL $0 . 05 per square foot per 13 year for developed area 14 RESIDENTIAL , COMMERCIAL AND INDUSTRIAL taxes shall be levied on all property upon the issuance of a building permit in the 15 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 are subject to annual increases to reflect increases in the 7_8 Consumer Price Index . 19 TERM 20 The Final Land Use Residential Tax shall be levied as long as necessary to pay for additional services . 21 DEFINITIONS 22 The "Consumer Price Index" shall be the Los Angeles/Riverside 23 Area - All Urban Consumer Price Index , published by the United States Bureau of Labor Statistics , as said data is available 24 June 30th of each fiscal year . 25 " Developed Area" shall be that portion of the land to be developed as measured from outside walls , excluding garage, 26 covered ways and overhangs , patios and additions . 27 "Dwelling Unit " shall mean any building and any mobilehome which is not immediately transportable or any portion thereof which 28 contains living facilities , including provisions for sleeping, eating, cooking and sanitation . 29 "Fiscal Year" shall be July 1 through June 30 of any year . 30 31 For all particulars relating to implementation , further interpre- 32 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.