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HomeMy WebLinkAboutResolution - 1722 RESOLUTION NO. 1722 1 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 4 THIS RESOLUTION 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, CA!_ IFORNIA, ( hereinafter referred to as the legislative body of the local Agency " ) , is 7 desirous at this time to proceed with the establishment of a comm- unity facilities district , pursuant to the terms and provisions 8 of the " Mello® Roos Community Facilities Act of 1982 " , being Chapter 2 . 5 , Part 1 , Division 2 , Title 5 of the Government Code 9 of the State of California , said Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT 10 NO , 1 ( S 0 B 0 B A SPRINGS ) ( 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 , inasmuch as there are less than twelve ( 12 ) registered 15 voters residing within the territory of the District , and have been been for at least the preceding ninety ( 90 ) days , this 16 legislative body is desirous to submit the levy of the required special tax to the landowners of the District , said landowners 17 being the qualified electors as authorized by law . 18 NOW , THEREFORE , BE IT HEREBY RESOLVED , by the City Council of the City of San Jacinto , in regular session , this 4 t h day of 19 August , 1987 , as follows : 20 1 . That the above recitals are all true and correct . 21 2 . That this legislative body does hereby establish and declare the formation of the Community Facilities District known and 02 designated as " COMMUNITY FACILITIES DISTRICT NO . 1 ( SOBOBA SPRTNGS ) 23 3 . That the boundaries and parcels of land in which the public 24 facilities are to be provided and on which special taxes will be levied in order to pay the costs and expenses for 25 said public facilities are generally described as follows : 26 All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO . 1 ( SOBOBA SPRINGS ) , as 27 shown on a map as previously approved by this legislative body , said map designated by the name 28 of this Community Facilities District , a copy of which is on file in the Office of the City Clerk . 29 4 . A general description of the public capital facilities which 30 this legislative body is authorized by law to construct , own or operate , which are the facilities to be improved under 31 these proceedings , are generally described as follows : 32 T h e construction and installation of certain public improvements and facilities consisting of 1 street improvements in MAIN STREET and SOBOBA SPRINGS ROAD , including a b r i d g e crossing , 2 together with sanitary sewer , water , drainage and uti I i ty facilities , and a public fire station 3 f aci I i ty , including appurtenances and appurtenant work , to serve the properties within the bounda- 4 Ties of the District . For a full and complete description of said facilities , reference is made 5 to the file entitled " CITY OF SAN JACINTO , COMMU- NITY FACILITIES DISTRICT NO . I ( SOBOBA SPRINGS ) , 6 DESCRIPTION OF FACILITIES " , a copy of which is on file in the Office of the City Clerk . For all 7 particulars , reference is made to said file . 8 5 . That certain services will be provided , which said services are in addition to those provided in the territory of the 9 District and will not be replacing services already avai lab] e . A general description of the services to be 10 provided is as follows : 11 Additional police and fire services to serve the needs of the District . 12 6 . That a special tax , except where funds are otherwise 13 avai 1 able, is hereby authorized , subject to voter approval , to be levied annually within the boundaries of said District . 14 For particulars as to the rate and method of apportionment of the proposed special tax , reference is made to the 15 attached and incorporated Exhibit "A " , which sets forth in sufficient detail the method of apportionment to allow each 16 landowner or resident within the proposed District to estimate the probable annual amount and the maximum annual 17 amount that said person will have to pay for said facilities . S a i d s p e c i a I t a x shall al I be utilized to pay f or capital ta 1 18 facilities and services and secure a bonded indebtedness which shall be utilized to assist in financing the construc- 19 tion , expansion , rehabilitation or purchase of the public 20 capital facilities identified in SECTION 4 . hereinabove . 21 7 . It is hereby further determined by this legislative body that all proceedings prior hereto were val i d and taken in 22 conformity with the requirements of the law , and specifi - cal ly the provisions of the "Mello-Roos Community Faci I i ti es 23 Act of 1982 " , and that this finding and determination is made pursuant to the provisions and authorization of Section 24 53325 . 1 of the Government Code of the State of California . 25 8 . Th i s legislative body herewith submits the levy of the special tax to the qualified electors of the Di stri ct , said 26 electors being the landowners of the proposed District , with each landowner having one ( 1 ) vote for each acre or portion 27 thereof of land which he or she owns within the Community Facilities District . 28 9 . This I eg i sl ative body hereby further directs that the ballot 29 proposition relating to the levy of the above referenced special tax be combined and consolidated with the proposi - 30 tion relating to the incurring of a bonded indebtedness . Th i s Resolution shall not constitute the notice of the election and the Resolution declaring the necessity to incur 31 the bonded indebtedness sh al 1 con sti tute the notice of the 32 combined election relating to the bonded indebtedness and authorization for the special tax levy . 10 . The City Clerk shall certify to the adoption of this Resolution . MOVED , PASSED AND ADOPTED AT A REGULAR ME TING OF SAID CITY COUNCIL duly held the 4th day of Auger t , 19 87 r ATTEST : ,' ay I JA 3 1 De�%jrau�t--'jY/f City Clerk 4 5 CERTIFICATE 6 The foregoing is certified to be a true copy of a Resolution duly rf adopted by said City Council of the City of San Jacinto on the date therein set forth . �3 9 ATTEST : 10 12 Depufy City Cleric 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 . 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- 5 tion of the rate and apportionment of the special tax so as to allow each landowner or resident within the proposed district to 6 estimate the maximum annual amount that would be required for payment . For particulars as to the rate and method of apportion- 7 ment , see the following : a BASE TAX 9 The base tax for fiscal year 1987 -88 is $650 . 00 , and said base 10 tax shall be annually adjusted to reflect changes in the Construc- tion Cost Index , not less than an increase of 3% per year . Once 11 property is subject to a final building permit and is within the 12 Category I Tax Rate ( Final Land Use ) , said property and tax rate shall be fixed and only subject to the annual increases as set forth below . 13 14 TAX RATES 15 Annual tax rates shall be determined by applying the base tax to the tax factors for the tax categories as set forth below . 16 17 TAX CATEGORIES AND TAX FACTORS 18 There are three ( 3 ) categories of land use designated as follows ; 19 CATEGORY I . FINAL LAND USE CATEGORY II . APPROVED LAND USE 20 CATEGORY III . ACREAGE 21 CATEGORY I . FINAL_ !_ AND USE TAX RATE : The maximum annual special tax for taxable property in one of the 22 following types of Category I property shall be levied and be applicable upon the issuance of the 23 original or initial building permit for such 24 property , and thereafter shall be subject to annual increases and shall be paid for a period not to exceed twenty-five ( 25) years , or until all 25 the bonds have been discharged , whichever is earlier , except for a portion of said special tax 26 applicable for police and fire services . 27 28 29 30 31 32 Category I taxes are divided into three types : 1 A . OWELLING UNIT 2 FACTOR ( % of Base Tax ) 3 � Developed Detached Attached Apartment 4 Square Foot Unit Unit Unit 5 Over 2 , 000 160% 144% 128% 1 , 900-1 , 999 150% 135% 120% 6 1 , 800-1 , 899 140% 126% 112% 1 , 700-1 , 799 130% 117% 104% 7 1 , 600-1 , 699 120% 108% 96% 1 , 500-1 , 599 110% 99% 88% 8 1 , 499-Less 100% 90% 80% 9 After the special tax has been fixed for a dwell - ing unit upon the issuance of a building permit , 10 the special tax shall be s u b e j c t to annual increases as follows : 11 1 . 2/ 3 of any Final Land Use Tax Rate shall 12 be subject to an annual increase in an amount of not to exceed three percent ( 3% ) 13 per year . 14 2 . 1 / 3 of any Final '_ and Use Tax Rate shall be subject to an annual increase based 15 upon annual adjustments in the Consumer Price Index as of June 30th of any year , 16 not less than three percent ( 3%) per year . 17 B . GOLF COURSE PROPERTY 18 The tax rate shall be $14 , 300 . 00 per year , 19 subject to an annual increase not to exceed three percent ( 3% ) per year . 20 C . COMMERCIAL AND INDUSTRIAL PROPERTY 21 The tax rate shall be $5 , 500 . 00 per acre per 22 year , subject to an annual increase not to exceed three percent ( 3% ) per year . 23 Property zoned as commercial and/or industrial shall not be subject to any tax until fiscal 24 year 1989-90 . 25 26 APPLICATION OF FINAL LAND USE: SPECIAL TAXES : 27 The above dollars collected for Final '_ and Use taxes within Category I shall be applied and used 28 in the following priority: 29 FIRST , pay principal and interest on any outstand- ing bonds . 30 SECOND , restore the special reserve fund to the 31 original amount based upon the Resolution Authoriz- ing Issuance and covenants with the bondholders . 32 THIRD , pay for p o c e and fire protection services , not to exceed $200 . 00 for all occupied dwelling units and annually adjusted based upon Consumer Price Index , but not less than 3% per 2 year . In any year when no payment is made to the Community Facilities District from the Redevelop- 3 ment Agency , the amount so allocated for police and fire services will be reduced by 40% . F 0 U R T 11 deposit in sinking fund for further 5 construction of authorized facilities or addi - tional police and fire services , as determined by 6 the legislative body . 7 To the extent special tax funds collected in Category 1 , Final Land Use , are not sufficient to meet the principal and interest 8 on the outstanding bonds , the following taxes shall be levied in the following order of priority until monies are available to 9 make all required payments on principal and interest on outstand- 10 ing bonds . 11 CATEGORY 11 . APPROVED LAND USE : 12 Th i s s pec i a I tax sh al I be applicable to all property subject to an approved final subdivision 13 and / or parcel in a p , and shall be levied only as necessary to meet payments of principal and 14 interest on outstanding bonds . 15 The tax shall be based upon the number of approved dwel I ing units and taxed at 70% of the base tax , 16 or not less than 400% of the base tax per acre if the number of units cannot be determined . 17 18 CATEGORY Ill . ACREAGE RATE : 19 To the extent taxes col 1 ected from Category I and C a t e g a r y I I a r e n o t s u f f i c i e n t t o p a y t h e 20 principal and interest on the bonds , all land not subject to a tax in Category I , F i n a 1 Use L a n d 21 Rate classification , shall be taxed as following , 22 based upon the following zones : ZONE A : North of Soboba Road 150% of base tax 23 per acre ZONE B : South of Soboba Road , 600% of base tax 24- per acre 25 DEFINITIONS 26 27 " Acre " shall be the area of the lot and /or parcels as shown on any final approved subdivision and / or parcel map , or if not 28 subject to any final approved subdivision and/or parcel map , shall be the acreage as shown on the last County Assessor ' s map 29 for each year any tax is to be levied . 30 " Commercial and I n d u s t r i a 1 11 shall include all property zoned commercial and industrial under the applicable zoning and 31 building regulations of the City . 32 " Construction Cost Index " shall be the Construction Cost Index for the City of E_ os Angeles , adjusted annually , based upon the 1 last available data as of June 30th of each year as set forth in the ENGINEERING NEWS- RECORD ( ENP ) , McGraw - Hill Construction 2 Weekly , 3 " Consumer Price Index " shall refer to the -figures published by the United States government , Department of Commerce , applicable 4 June 30th of any year . 5 " Developed Square Foot " shall be the habitable square footage of the development as set forth in any building plan for which a 6 building permit has been issued ® 7 " Police and Fire Services " shall be based upon an original tax of $200 . 00 per unit and shall be subject to annual escalation based 8 upon increases in the Consumer Price Tndex , which tax is a 9 permanently levied tax . 1$ Zones " shall mean different taxing areas within the District , 10 based upon predetermined growth rates , development allowances and 11 topography considerations . 12 13 1-4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32