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HomeMy WebLinkAboutResolution - 1797 RESOLUTION NO. 1797 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING AND ESTABLISHING THE FORMATION OF A 2 COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS 3 ,I THIS REOOLUTION IS ADOPTED WITH REFERENCE TO THE FOLLOWING FACTS : 5 WHEREAS , a public hearing has been held and concluded, and the 6 CITY COUNCIL of the CITY OF SAN JACINTO , CALIFORNIA, ( herein- after referred to as the " legislative body of the local Agency" ) 7 is desirous,; at this time to proceed with the establishment of a community facilities district , pursuant to the terms and provi- 8 sions of the "Mello-Roos Community Facilities Act of 1982 " , being Chapter 2 . 5 , Part 1 , Division 2 , Title 5 of the Government 9 Code of the State of California , said Community Facilities District shall hereinafter be referred to as COMMUNITY FACILI- 10 TIES DISTRICT NO. 2 ( hereinafter referred to as the "District " ) ; and, 11 WHEREAS , this legislative body has further declared its intent 12 that the authorized public facilities be financed through the issuance of bonds , said bonds secured by the levy of a special 13 tax ; and, 14 WHEREAS , at any time before or after the formation of the District , this legislative body may accept advances of funds 15 and/or work in kind from any source; however, no reimbursement and/or repayment shall be made for said advances until expressly 16 set forth by agreement and/or Resolution of this legislative body setting forth the amount, terms and conditions for any 17 reimbursement and/or repayment ; and, 18 WHEREAS , inasmuch as there are less than twelve ( 12 ) registered voters residing within the territory of the District , and have 19 been been for at least the preceding ninety ( 90 ) days , this legislative body is desirous to submit the levy of the required 20 special tax to the landowners of the District , said landowners being the qualified electors as authorized by law. 21 NOW, THEREFORE , BE IT RESOLVED , by the City Council of the 22 City of San Jacinto , in regular session , this 3rd day of January, 1989 as follows : 23 RECITALS 24 1 . That the above recitals are all true and correct . 25 NAME OF DISTRICT 26 2 . That this legislative body does hereby establish and declare 27 the formation of the Community Facilities District known and designated as "COMMUNITY FACILITIES DISTRICT NO . 2 " . 28 BOUNDARIES OF DISTRICT 29 3 . That the boundaries and parcels of land in which the public 30 facilities are to be provided and on which special taxes will be levied in order to pay the costs and expenses for 31 said public facilities are generally described as follows : 32 All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 2 , as shown on a boundary map as previously 1 approved by this legislative body, said map designated by the name of this Community Facilities District , a copy of 2 which is on file in the Office of the City Clerk . The boundary map of the proposed District has been filed 3 pursuant to Sections 3111 and 3113 of the Government Code of the State of Califonria in the office of the County Recorder 4 of the County of Riverside, at Page of Book , Document No. of the Book of Maps of Assessment 5 and Community Facilities Districts for said County . 6 DESCRIPTION OF FACILITIES I 7 4 . A general description of the public capital facilities which this legislative body is authorized by law to construct , own 8 or operate , which are the facilities to be financed under these proceedings , are generally described as follows : 9 The construction and/or acquisition of certain street 10 improvements , including grading, paving, curbs , gutters and sidewalks , together with street lighting, drainage facili- 11 ties , landscaping, sanitary sewer , water reservoir and pump facilities and utility facilities , together with appurte- 12 nances and appurtenant work, to serve an area generally bounded on the South by WASHINGTON AVENUE , on th East by 13 MERIDIAN STREET and MOUNTAIN AVENUE , on the West by HEWITT STREET and on the North by EVANS ( THIRD ) STREET, said 14 improvements to serve the properties within the boundaries of the District . For a full and complete description of 15 said facilities , reference is made to the file entitled "DESCRIPTION OF IMPROVEMENTS AND COST ESTIMATE" , a copy of 16 which is on file in the office of the City Clerk. For all particulars , reference is made to said file . 17 In addition to financing the above described facilities , 18 those incidental expenses described in said final "Report " are also approved and authorized. 19 DESCRIPTION OF SERVICES 20 5 . Certain services to be provided within the District , which 21 are in addition to those provided and will not be replacing services already available , are generally described as 22 follows : 23 Additional police and fire services needed to serve the residents and homeowners within the boundaries of the 24 District . 25 The costs of said services shall include the performance by employees of all functions , including operation and 26 maintenance . 27 SPECIAL TAX 28 6 . Except where funds are otherwise available , a special tax , secured by recordation of a continuing lien against all 29 non-exempt real property in the proposed District , is hereby authorized, subject to voter approval , to be levied annually 30 within the boundaries of said District . The proposed special tax to be levied within said District has not been 31 precluded by a majority protest pursuant to Section 53324 of the Government Code of the State of California. For particu- 32 lars 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 1 or resident within the proposed District to estimate the probable annual amount and the maximum amount that said 2 person will have to pay for said facilities . Said special tax shall be utilized to pay for the authorized public 3 capital facilities and/or to secure a bonded indebtedness which shall be utilized to finance such public capital facilities and to pay for the costs and expenses of the authorized services . 5 The special taxes herein authorized shall be collected in 6 the same manner as ad valorem property taxes and shall be subject to the same penalties , procedure , sale and lien 7 priority in any case of delinquency, as applicable for ad valorem taxes . 8 This legislative body further authorizes that special taxes 9 may be prepaid and satisfied by the payment of the maximum present value of the special tax and all details and 10 particulars shall be set forth and adopted by Resolution of this legislative body . 11 Upon recordation of a Notice of Special Tax Lien pursuant to 12 Section 3114 . 5 of the Streets and Highways Code of the State of California , a continuing lien to secure each levy of the 13 special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and J4 effect until the special tax obligation is prepaid and permanently satisfied and the lien cancelled in accordance 15 with law or until collection of the tax by the legislative body ceases . 16 PREPARATION OF ANNUAL TAX ROLL 17 7 The name , address and telephone number of the office, 18 department or bureau which will be responsible for preparing annually a current ro11 of special tax obligations by 19 Assessor ' s parcel number and which will be responsible for estimating future special tax levies pursuant to Section 20 53340 . 1 of the Government Code of the State of California, are as follows : 21 CARL KADIE 22 KADIE-JENSEN, JOHNSON & BODNAR 6092 CUMULUS LANE 23 SAN DIEGO, CA 92110 TELEPHONE : ( 619 ) 295-2596 24 FINDING OF VALIDITY 25 B . It is hereby further determined by this legislative body 26 that all proceedings prior hereto were valid and taken in conformity with the requirements of the law, and spec ifi- 27 cally the provisions of the "Mello-Roos Community Facilities Act of 1982 " , and that this finding and determination is 28 made pursuant to the provisions and authorization of Section 53325 . 1 of the Government Code of the State of California . 29 SUBSTITUTION FACILITIES 30 9 . The desription of the public capital facilities , as set 31 forth herein , is general in its nature . The final nature and location of improvements and facilities will be deter- 32 mined upon the preparation of final plans and specifications . The final plans may show substitutes in lieu of, or modifica- tion to, the proposed work in order to accomplish the works 1 of improvement , and any such substitution shall not be a change or modification in the proceedings as long as the 2 facilities provide a service substantially similar to that as set forth in this Resolution . 3 APPEALS AND INTERPRETATION PROCEDURE 4 10 . Any landowner or resident who feels that the amount or 5 formula of the special tax is in error may file a notice with the Agency appealing the levy of the special tax . An 6 appeals panel of 3 members , as appointed by the Agency, will then meet and promptly review the appeal , and if necessary, 7 meet with the applicant . If the findings of the Appeals Board verify that the tax should be modified or changed, a 8 recommendation at that time will be made to the Agency and, as appropriate , the special tax levy shall be corrected , and 9 if applicable in any case , a refund shall be granted . 10 Interpretations may be made by the Agency by Resolution for purposes of clarifying any vagueness or ambiguity as it 11 ! relates to any category, zone , rate or definition applicable to these proceedings . 12 ELECTION 13 11 . This legislative body herewith submits the levy of the 14 special tax to the qualified electors of the District , said electors being the landowners of the proposed District , with 15 each landowner having one ( 1 ) vote for each acre or portion thereof of land which he or she owns within the Community 16 Facilities District . 17 This legislative body hereby further directs that the ballot proposition relating to the levy of the above referenced 16 special tax be combined and consolidated with the proposi- tion relating to the incurring of a bonded indebtedness . 19 This Resolution shall not constitute the notice of the election and the Resolution declaring the necessity to incur 20 the bonded indebtedness shall constitute the notice of the combined election relating to the bonded indebtedness and 21 authorization for the special tax levy . 22 NOTICE 23 12 . The City Clerk shall , within three ( 3 ) days following adop- tion of this Resolution establishing the District , transmit 24 to the Election Official the following documents : 25 A. A certified copy of the proposed boundary map, showing the parcels and boundaries of the District ; 26 B . As applicable , a sufficient description to determine the 27 boundaries of the District ; 28 C . Assessor ' s parcel numbers for all land within the District for all landowner elections . 29 12 . The City Clerk shall certify to the adoption of this 30 Resolution . 31 32 MOVED , PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY COUNCIL duly held the 3rd day of January, 1989 . ATTEST: 2 - Mayor PPP � zj. Deputy City Clerk 5 CERTIFICATE 6 7 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 the date therein set forth . ATTEST : 10 11 f6 - 12 Deputy City Clerk 13 14 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. 2 2 EXHIBIT "A" 3 4 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 5 The Resolution of Intention refers to this Exhibit for an 6 explanation of the rate and apportionment of the special tax so as to allow each landowner or resident within the proposed 7 district to estimate the maximum annual amount that would be required for payment . For particulars as to the rate and method 8 of apportionment , see the following: 9 PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX 10 Taxable property categories and initial maximum annual taxes are 11 as follows : 12 MAXIMUM ANNUAL TAX PROPERTY CATEGORY ( FISCAL YEAR 1989-90 ) 13 14 I . RESIDENTIAL UNIT TAX "A" : $0 . 59 per square foot per year for developed area 15 TAX "B" : $96 . 40 per dwelling unit l6 II . COMMERCIAL AND TAX "A" : $1 . 00 per square foot per 17 INDUSTRIAL year for developed area 18 TAX "B" : $0 . 05 per square foot per year for developed area 19 20 RESIDENTIAL , COMMERCIAL AND INDUSTRIAL taxes shall be levied on all property upon the issuance of a building permit in the 21 fiscal year next following the issuance of the building permit . 22 III . ACREAGE 23 The following acreage shall be that as shown on any 24 approved tentative or final parcel map and/or subdivision map: 25 A. APARTMENT UNIT: Not to exceed $7500 26 per acre per year 27 B. ANY OTHER RESIDENTIAL USE : Not to exceed $6500 per acre per year 28 C. COMMERCIAL AND INDUSTRIAL USE : Not to exceed $7500 29 per year 30 ALL OTHER ACREAGE NOT SHOWN ON A MAP : Not to exceed $7500 per year 31 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 g 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 22 payment for services and payment on bond obligations . 23 DEFINITIONS 24 The " Construction Cost Index" shall be the Construction Cost 25 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 . 7I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32