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HomeMy WebLinkAboutResolution - 1708 RESOLUTION NO . 1708 1 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 WITHIN SAID COMMUNITY FACILITIES DISTRICT 3 4 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 " , B 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 . I ( SOBOBA SPRINGS ) ( hereinafter referred to as the 10 " District " ) ; and , 11 WHEREAS , this legislative body is now desirous to proceed to adopt its Resolution of Intention to initiate proceedings for the 12 establishment of said District , to set forth the boundaries for said District , indicate the type of public facilities and 13 services to be provided , indicate the rate and apportionment of a special tax sufficient to pay for all such facilities and 14 services , and set a time and place for a public hearing relating to the establishment of said District; and , 15 16 WHEREAS , a map of said District has been submitted , which said map is hereby approved and a copy of said map shall be kept on file with the transcript of these proceedings . 1'7 NOW , THEREFORE , BE IT RESOLVED , by the City Council of the 3-8 City of San Jacinto , in regular session , this 30th day of June , 19 1987 as follows : 1 . That the above recitals are all true and correct . 20 2 . That these proceedings are initiated by this legislative 21 body pursuant to the authorization of Section 53318 of the Government Code of the State of California . 22 3 . It is the intention of this legislative body , pursuant to 23 the terms and provisions of the "Mello-Roos Community Facili - ties Act of 1982 " , to establish a Community Facilities 24 District , and to determine the boundaries and parcels which will be serviced by the public facilities and services and 25 on which special taxes may be levied in order to pay the cost and expenses for said public facilities and services . 26 A description of the boundaries of territory proposed to be 27 included in the District is as follows : All that property to be served by the installation 28 of the capital facilities and providing of services , as said property is shown on a map as 29 previously approved by this legislative body , said 30 map designated by the name of this Community Facilities District , a copy of which is on file in the Office of the City Clerk and shall remain open 31 for public inspection . 32 -1 - 4 The name of the proposed Community Facilities District to be established shall be known and designated as COMMUNITY I FACMTIES DISTRICT NO . 1 ( SOBOBA SPRINGS ) . 2 5 . That it is the intention of this legislative body to provide for the purchase , construction , expansion or rehabilitation 3 of certain real or other tangible property with an estimated useful life of five ( 5) years or longer . A general d e s c r i p - 4 Lion of the public capital facilities to be provided is as follows : 5 The construction and installation of certain 6 public improvements and facilities consisting of street improvements in MAIN STREET and SOBOBA 7 SPRINGS ROAD , including a bridge crossing , together with sanitary sewer , water , drainage and 8 utility facilities , and a public fire station f aci I i ty , including appurtenances and appurtenant 9 work to serve the properties within the boundaries es of the District . Far further particulars and 10 details , reference is made to the file entitled CITY OF S A N, j A C I N T 0 , COMMUNITY FACILITIES 11 DISTRICT NO . 1 ( SOBOBA SPRINGS ) , DESCRIPTION OF FACILITIES " , which is hereby approved and incor- 12 porated herein , and acopy of which is on file in the Office of the City Clerk . For or all particu - 13 lars , reference is made to said approved file . 14 The facilities , as above - described , are facilities which this legislative body is authorized by law to contribute 15 revenue to or to construct , own or operate . It is hereby further found and determined that the proposed facilities 16 are necessary to meet increased demands and needs of this 17 local Agency . 6 . This legislative ative body hereby finds and determines that the 18 public interest will not be served by allowing the property owners within the proposed District to enter into any 19 contract or contracts to construct the proposed public capital facilities , and therefore , said property owners may 20 not elect to perform such work . 21 7 . That it is the further intention of this legislative body to provide certain services that are in addition to those 22 provided in the territory of the District and will not be 23 replacing services already available . A general description of the services to be provided is as follows : 24 Additional police and fire services to serve the 25 needs of the District . The costs of said services shall include the performance by 26 employees of all functions , including operation and 27 maintenance . 8 . That is is hereby further proposed that , except where funds 28 are otherwise available , a special tax sufficient to pay for 29 said facilities , services and related incidental expenses authorized by the Act will be levied annually within the 30 boundaries of said District . For particulars as to the rate and method of apportionment of the proposed special tax , 31 reference is made to the attached and incorporated Exhibit " A " , which sets forth in sufficient detail the method of 32 apportionment to allow each landowner or resident within the proposed District to clearly estimate the probable annual amount and the maximum annual amount that said person wi I I have to pay for said facilities and services . -2- 9 . If , following the public hearing described in the Section immediately below, the legislative body determines to estab - 1 1 i sh the District and proposes to levy a special tax within the District , the legislative body shall then submit the 2 levy of the special taxes to the qualified electors of the District . if at least twelve ( 12 ) persons , who need not 3 necessarily be the same twelve ( 12 ) persons , have been regis- tered to vote within the District for each of the ninety 4: ( 90 ) days preceding the close of the subject hearing , the vote shall be by registered voters of the District , with 5 each voter having one ( 1 ) vote . Otherwise, the vote shall be by the landowners of the District , with each landowner 6 having one ( 1 ) vote for each acre or portion of an acre of land owned within the District . 7 10 . NOTICE IS GIVEN THAT ON TUESDAY , THE 4TH DAY OF AUGUST , 8 1987 , AT THE HOUR OF 7 : 30 O ' CLOCK P . M . , IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY , BEING THE COUNCIL 9 CHAMBERS , CITY HALL , A PUBLIC HEARING WILT_ BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ESTABLISHMENT OF THE 10 PROPOSED COMMUNITY FACILITIES DISTRICT , THE PROPOSED METHOD AND AP PORTI ONMFN T OF THE SPECIAL TAX , AND ALI- OTHER MATTERS 11 AS SET FORTH IN THIS RESOLUTION OF INTENTION . THAT AT THE ABOVE -MENTIONED TIME AND PLACE FOR PUBLIC HEARING , ANY 12 PERSONS INTERESTED , INCLUDING TAXPAYERS , PROPERTY OWNERS AND REGISTERED VOTERS , MAY APPEAR AND BE HEARD , AND THAT THE 13 TESTIMONY OF AL'_ INTERESTED PERSONS FOR OR AGAINST THE ESTAB- LISHMENT OF THE DISTRICT, THE EXTENT OF THE DISTRICT, OR THE 14 FURNISHING OF THE SERVICES AND FACILITIES , WILL BE HEARD AND CONSIDERED . ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING . 15 HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFI - CIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY 16 SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJEC - TION IS MADE , ALI- WRITTEN PROTESTS SHALL BE FILED WITH THE 17 CITY CLERK OF THE LEGISI- ATTVE BODY ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING . WRITTEN PROTESTS MAY BE WITH- 18 DRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING . 19 IF WRITTEN PROTESTS AGAINST THE ESTABLISHMENT OF THE 20 DISTRICT ARE FILED BY FIFTY PERCENT ( 50% ) OR MORE OF THE REGISTERED VOTERS , OR SIX ( 6 ) REGISTERED VOTERS , WHICHEVER 21 IS GREATER , RESIDING WITHIN THE PROPOSED DISTRICT , OR OWNERS OF ONE - HALF ( 112 ) OR MORE OF THE AREA OF LAND PROPOSED 22 WITHIN THE DISTRICT, THE PROCEEDINGS SHALL BE ABANDONED . IF SAID MAJORITY PROTEST IS LIMITED TO CERTAIN SERVICES , FACILI - 23 TIES OR SPECIAL TAX , THOSE SERVICES OR FACT '_ ITIES OR THAT 24 TAX SHALL BE ELIMINATED BY THE LEGISLATIVE BODY . I I . T h a t n o t i c e of the time me and place of the public hearing 25 shall be given by the City Clerk in the following manner : 26 A . A Notice of Public Hearing shall be published in the legally designated newspaper of general circulation , 27 being the HEMET NEWS , said publication pursuant to Section 6061 of the Government Code , with said publi c a- 28 tion to be completed at least seven ( 7 ) days prior to 2n the date set for the public hearing . 9 30 B . A Notice of Public Hearing shall be mailed , postage pre- paid , to each property owner and registered voter within 31 the boundaries of the proposed District ; said mailing to the property owners shall be to the address as shown on 32 the last equalized assessment rol I . Said mailing shall be completed at least fifteen ( 15 ) days prior to the date set for the public hearing . -3- 12 , A11 environmental evaluation proceedings as required by the California Environmental Quality Act relating to the estab - 1 1ishment and formation of this District shall be completed prior to the date and time set for the public hearing . 2 13 . The City Clerk shall certify to the adoption of this 3 Resolution ® 4 MOVED , PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY 5 COUNCIL duly held the 30th day of 1987 . 6 ATTEST : ( May — 8 ep ty City Clerk g 9 CERTIFICATE 10 11 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 12 date therein set forth . 13 ATTEST : 14 15 16 DWc- -� eputy City Clerk 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -4- CITY OF SAN JACINTO 1 COMMUNITY FACILITIES DISTRICT NO . 1 2 EXHIBIT "A " 3 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 4 The Resolution of Intention refers to this Exhibit for an explana- tion of the rate and apportionment of the special tax so as to 5 allow each landowner or resident within the proposed district to estimate the maximum annual amount that would be required for 6 payment . For particulars as to the rate and method of apportion - ment , see the following : 7 BASE TAX The base tax for fiscal year 1987 -88 is $650 . 00 , and said base 9 tax shall be annually adjusted to reflect changes in the Construc- tion Cost Index , not less than an increase of 3% per year . Once 10 property is subject to a final building permit and is within the Category I Tax Rate ( Final Land Use ) , said property and tax rate 1.1 shall be fixed and only subject to the annual increases as set forth below . :1.2 TAX RATES 13 Annual tax rates shall be determined by applying the base tax to 14 the tax factors for the tax categories as set forth below . 15 TAX CATEGORIES AND TAX FACTORS 16 There are three ( 3 ) categories of land use designated as follows : 17 CATEGORY I . FINAL 4-AND USE CATEGORY II . APPROVED LAND USE 18 CATEGORY III . ACREAGE 19 CATEGORY I . FINAL LAND USE TAX RATE : The maximum annual special tax for taxable property in one of the 20 following types of Category I property shall be levied and be applicable upon the issuance of the 21 original or initial building permit far such property , and thereafter shall be subject to 22 annual increases and shall be paid for a period not to exceed twenty-five ( 25 ) years , or until all 23 the bands have been discharged , whichever is earlier , except for a portion of said special tax 24 applicable for police and fire services . 25 Category I taxes are divided into three types : 26 A . DWELLING UNIT 27 FACTOR ( % of Base Tax ) 28 Developed Detached Attached Apartment 129 Square Foot Unit Unit Unit 30 Over 2 , 000 160% 144% 128% 1 , 900-1 , 999 150% 135% 120% 31 11800-1 , 899 140% 126% 112% 1 , 700-1 , 799 130% 117% 104% 32 1 , 600-1 , 699 120% 108% 96% 1 , 500-1 , 599 110% 99% 88% 1 , 499-Less 100% 90% 80% After the special tax has been fixed for a dwell - ing unit upon the issuance of a building permit , the special tax shall be s u b e j c t to annual increases as follows : 2 1 . 2/ 3 of any Final Land Use Tax Rate shall 3 be subject to an annual increase in an amount of not to exceed three percent ( 3%) 4 per year . 5 2 . 1 / 3 of any Final I- and Use Tax Rate shall be subject to an annual increase based 6 upon annual adjustments in the Consumer Price Index as of June 30th of any year , 7 not less than three percent ( 3%) per year . 8 B . GOLF COURSE PROPERTY 9 The tax rate shall be $14 , 300 . 00 per year , subject to an annual increase not to exceed 10 three percent ( 3%) per year . 11 C . COMMERCIAL AND INDUSTRIAL PROPERTY 12 The tax rate shall be $5 , 500 . 00 per acre per year , subject to an annual increase not to 13 exceed three percent ( 3% ) per year . 14 Property zoned as commercial and/or industrial shall not be subject to any tax until fiscal 15 year 1989-90 . 16 APPLICATION OF FINAL LAND USE SPECIAL TAXES :- 17 The above dollars collected for Final Land Use taxes within Category 1 shall be applied and used 18 in the following priority : 19 F I R S T , pay principal and interest on any outstand- 20 ing bonds . 21 SECOND , restore the special reserve fund to the original amount based upon the Resolution Authoriz- 22 ing Issuance and covenants with the bondholders . 23 THIRD , pay for police and fire protection services , not to exceed $200 . 00 for all occupied 24 dwelling units and annually adjusted based upon Consumer Price index , but not less than 3 % per year . In any year when no payment is made to the 25 Community Facilities District from the Redevel o p - 26 went Agency , the amount so allocated for police and fire services will be reduced by 40%. 27 FOURTH , deposit in sinking fund for further 28 construction of authorized faci I i t i es or addi - tional pol i ce and fire services , as determined by 29 the legislative body . 30 To the extent special tax funds collected in Category 1 , Final Land Use , are not sufficient to meet the principal and interest 31 on the outstanding bonds , the following taxes shall be levied in the following order of priority unt i I monies are avai I abl e to 32 make all required payments on principal and interest on outstand- ing bonds . I CATEGORY IT . APPROVED LAND USE : 1 Th i s s pe c i a I tax sh al I be applicable to all property subject to an approved final subdivision 2 and / or parcel map , and shall be levied only as necessary to meet payments of principal and 3 interest on outstanding bonds . 4 The tax shall be based upon the number of approved dwelling units and taxed at 70% of the base tax , 5 or not less than 400% of the base tax per acre if the number of units cannot be determined . 6 7 CATEGORY TIT . ACREAGE RATE : 8 To the extent taxes collected from Category I and Category II are not sufficient to pay the 9 principal and interest on the bonds , all land not subject to a tax in Category I , Final Use f- a n d 10 Rate classification , shall be taxed as following , 11 based upon the following zones : ZONE A : North of Soboba Road , 150% of base tax 12 per acre ZONE B : South of Soboba Road , 600% of base tax 13 per acre 14 DEFINITIONS 15 " Acre " shall be the area of the lot and / or parcels as shown on 16 any final approved subdivision and / or parcel map , or if not subject to any final approved subdivision and / or parcel map , 17 shall be the acreage as shown on the last County Assessor ' s map 18 for each year any tax is to be levied . " Commercial and Industrial " shall include all property zoned 19 commercial and industrial under the applicable zoning and 20 building regulations of the City . " Construction Cost Index " shall be the Construction tion Cost Index 21 for the City of Los Angeles , adjusted annually , based upon the last available data as of June 30th of each year as set forth in 22 the ENGINEERING NEWS- RECORD ( ENR ) , McGraw - Hill Construction 23 Weekly . 24 " Consumer Price Index " shall refer to the figures published by the United States government , Department of Commerce , applicable 25 June 30th of any year . 26 " Developed Square Foot " shall be the habitable square footage of the development as set forth in any building plan for which a 27 building permit has been issued . 28 " Police and Fire Services " shall be based upon an original tax of $200 . 00 per unit and shall be subject to annual escalation based 29 upon increases in the Consumer Price Index , which tax is a permanently levied tax . 30 " Zones " shall mean different taxing areas within the District , 31 based upon predetermined growth rates , development allowances and topography considerations . 32