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
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17 Deputy City Clerk
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