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 :
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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 .
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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 :
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f6
- 12 Deputy City Clerk
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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
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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
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 .
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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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