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HomeMy WebLinkAboutResolution - 1798 RESOLUTION NO. 1798 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, 2 CALIFORNIA, DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS, SUBMITTING TO THE QUALIFIED VOTERS OF A COMMUNITY FACILITIES 3 DISTRICT A PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN A COMMUNITY FACILITIES DISTRICT AND GIVING NOTICE THEREON, AND ESTABLISHING PROCEDURES AND CONDITIONS FOR CONDUCTING AN 5 ELECTION, INCLUDING THE LAST DATE FOR SUBMISSION OF ARGUMENTS G THIS RESOLUTION IS ADOPTED WITH REFERENCE TO THE FOLLOWING 7 FACTS: 8 WHEREAS , the CITY COUNCIL of the CITY OF SAN JACINTO, CALIFORNIA ( hereinafter referred to as the " legislative body of the local g Agency " ) , has previously declared its intention and held and conducted a public hearing relating to the issuance of bonds to 10 be secured by special taxes to pay for certain public capital facilities in a community facilities district , as authorized 11 pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982 " , being Chapter 2 . 5 , Part 1 , 12 Division 2 , Title 5 of the Government Code of the State of California, said Community Facilities District shall hereinafter 13 be referred to as COMMUNITY FACILITIES DISTRICT NO. 2 ( herein- after referred to as the "District" ) ; and, 14 WHEREAS , at this time this legislative body is desirous to 15 proceed to make the necessary findings to incur the bonded indebtedness , to declare the purpose for said debt , and to autho- 16 rize the submittal of a combined proposition to the voters of said District , being the landowners of the proposed District , 17 all as authorized and required by law; and, 18 WHEREAS , a special election is to be held in the City of San Jacinto , California , ( hereinafter referred to as the " local 19 Agency" ) , at which time there will be submitted to the qualified electors of said District certain propositions relating to the 20 authorization to levy a special tax and the incurring of a bonded indebtedness in order to pay for certain capital facili- 21 ties to serve the District , pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982 " , as referenced 22 above . 23 NOW, THEREFORE , BE IT RESOLVED, by the City Council. of the City of San Jacinto , in regular session , this 3rd day of 24 January, 1989 as follows : 25 RECITALS 26 1 . That the above recitals are all true and correct . 27 NECESSITY FOR BOND ISSUE 28 2 . That this legislative body hereby expressly declares and states that it is necessary to incur a bonded indebtedness 29 as authorized under the terms and provisions of the "Mello- Roos Community Facilities Act of 1982 " , in order to finance 30 the below described public capital facilities . 31 PURPOSE OF BOND ISSUE 32 3 . That the purpose for the proposed bonded indebtedness and facilities proposed to be financed through the issuance of said bonds , is generally described as follows : The construction and/or acquisition of certain street improvements , including grading, paving , curbs , gutters and 1 sidewalks , together with street lighting , drainage facili- ties , landscaping , sanitary sewer , water reservoir and pump 2 facilities and utility facilities , together with appurte- nances and appurtenant work, to serve an area generally 3 bounded on the South by WASHINGTON AVENUE , on the East by MERIDIAN STREET and MOUNTAIN AVENUE , on the West by HEWITT 4 STREET and on the North by EVANS (THIRD ) STREET, said improvements to serve the properties within the boundaries 5 of the District . For a full and complete description of said facilities , reference is made to the file entitled 6 "DESCRIPTION OF IMPROVEMENTS AND COST ESTIMATE " , a copy of which is on file in the Office of the City Clerk. For all r particulars , reference is made to said file . 8 BOUNDARIES OF DISTRICT 9 4 . That the whole of the District will pay for the above- referenced bonded indebtedness . A general description of 10 the District is as follows : 11 All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 2 , as shown on a map as previously approved by 12 this legislative body, said map designated by the name of this Community Facilities District , a copy of which is on 13 file in the office of the City Clerk. 14 BOND AMOUNT 15 5 . That the amount of the proposed bonded indebtedness , including the cost of the facilities , together with all 16 incidental expenses , is generally as follows : 17 SAID PROJECT FACILITIES , INCLUDING INCIDENTAL EXPENSES , SHALL NOT EXCEED $26 , 000 , 000 . 00 . 18 For further particulars , reference is made to the 19 "COMMUNITY FACILITIES DISTRICT REPORT" , as on file in the Office of the City Clerk. 20 BOND TERMS 21 6 . That it is hereby further determined that bonds shall be 22 issued and the maximum term of bonds and/or anv series shall not exceed forty ( 40 ) _years , and said bonds may be 23 issued in differing series , at differing times . The maximum rate of interest to be paid on said bonds shall not 24 exceed the greater of either twelve percent ( 12% ) per annum or the maximum rate permitted by law at the time of sale of 25 any of said bonds . The interest on said bonds shall be payable semi-annually , and the principal on said bonds 26 shall be paid annually, with all payments being made to the registered owner of said bonds , as authorized by law. The 27 bonds , except where other funds are made available, shall be paid exclusively from the annual levy of the special 28 tax , and are not secured by any other taxing power or funds of the Community Facilities District or the Cit_v . 29 ELECTION 30 7 . The proposition related to the incurring of the bonded 31 indebtedness shall be consolidated with the proposition relating to the levy of the special tax, shall be combined 32 into one ballot proposition, and shall be submitted to the qualified voters at a special election to be held on the LOTH DAY OF JANUARY , 1989 , and said election shall be a special mailed ballot election to be conducted by the City 1 Clerk ( hereinafter referred to as "Election Official" ) . If the combined proposition for the levy of the special tax 2 and the incurring of the bonded indebtedness receive the approval of more than two-thirds ( 2/3 ) of the votes cast on 3 the proposition, bonds may be authorized , issued and sold for the purposes set forth herein and the special tax may 4 be levied as provided for in the Resolution of Formation. Ballot shall be returned to the Election Official not later 5 than 8 : 00 P .M. on the date set for the election; however , if all qualified voters have voted, the election shall be 6 closed. 7 BALLOT 8 S . That the ballot proposal to be submitted to the qualified voters at the election shall generally be as follows : 9 PROPOSITION A 10 Shall Community Facilities District 11 No . 2 , City of San Jacinto , be authorized to 1 ) incur a bonded 12 indebtedness in an amount not to exceed $26 , 000 , 000 . 00 , to be paid YES 13 by special taxes as established by the District , with interest rates 14 not exceeding the maximum authorized NO by law at the time of issuance, to 15 finance the construction and/or acquisition of certain street improvements , including 16 grading , paving , curbs , gutters and sidewalks , together with street lighting , drainage facilities , landscaping , 17 sanitary sewer, water reservoir and pump facilities , 2 ) to levy special taxes to pay for said facilities , as well as 18 additional police and fire services , and/or any authorized and issued bond indebtedness , and 3 ) establish an Article 19 XIIIB appropriations limit equal to the maximum authorized special taxes which may be levied in any fiscal year? 20 The rate and method of apportionment of the special tax 21 shall generally be as follows : 22 PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX 23 Taxable property categories and initial maximum annual taxes are as follows : 24 MAXIMUM ANNUAL TAX 25 PROPERTY CATEGORY ( FISCAL YEAR 1969-90 ) 26 I . RESIDENTIAL UNIT TAX "A" : $0 . 59 per square foot 27 per year for developed area 28 TAX "B" : $96 . 40 per dwelling unit 29 II . COMMERCIAL AND TAX "A" : $1 . 00 per square foot 30 INDUSTRIAL per year for developed area 31 TAX "B" : $0 . 05 per square foot per year for developed area 32 RESIDENTIAL , COMMERCIAL AND INDUSTRIAL taxes shall be levied on all property upon the issuance of a building 1 permit in the fiscal year next following the issuance of the building permit . n III . ACREAGE 3 The following acreage shall be that as shown on any 4 approved tentative or final parcel map and/or subdivi- sion map: 5 A . APARTMENT UNIT : Not to exceed 6 $7500 per acre per year 7 B . ANY OTHER RESIDENTIAL USE : Not to exceed 8 $6500 yer acre per year 9 C. COMMERCIAL AND INDUSTRIAL USE : Not to exceed 10 $7500 per year 11 ALL OTHER ACREAGE NOT SHOWN ON A MAP : Not to exceed $7500 per year 12 VOTE 13 9 . That the appropriate mark placed in the voting square after 14 the word "YES" shall be counted in favor of the adoption of the proposition , and the appropriate mark placed in the 15 voting square after the word "NO" in the manner as autho- rized , shall be counted against the adoption of said 16 proposition . 17 ELECTION PROCEDURE 18 10 . The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said 19 Election Official shall preform and render all services and proceedings incidental to and connected with the conduct of 20 said election, and said services shall include , but not be limited to the following activities as are appropriate to 21 the subject election: 22 1 . Prepare and furnish to the election officers necessary election supplies for the conduct of the election . 23 2 . Cause to be printed the requisite number of official 24 ballots , talley sheets and other necessary forms . 25 3 . Furnish and address to mail official ballots to the qualified electors of the Community Facilities 26 District . 27 4 . Cause the official ballots to be mailed, as required by law . 28 5 . Receive the returns of the election and supplies . 29 6 . Sort and assemble the election material and supplies 30 in preparation for the canvassing of the returns . 31 7 . Canvass the returns of the election . 32 8 . Furnish a tabulation of the number of votes given in the election . V p 9 . Make all arrangements and take the necessary steps to pay all costs of the election incurred as result of 1 services performed by the District and pay costs and expenses of all election officials . 2 10 . Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. 4 5 MOVED , PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY COUNCIL duly held the 3rd day of January, 1989 . 6 ATTEST . Mayor V 9 D`eputy City Clerk 10 CERTIFICATE 11 12 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 13 the date therein set forth. 14 ATTEST : 15 16 17 Deputy City Clerk 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32