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HomeMy WebLinkAboutResolution - 1723 i RESOLUTION NO. 1723 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINT05 CALIFORNIA , DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS , 2 SUBMITTING TO THE QUALIFIED VOTERS OF A COMMUNITY FACILITIES DISTRICT THE PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED 3 BY A SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN A COMMUNITY FACILITIES DISTRICT AND GIVING NOTICE THEREON , AND a ESTABLISHING PROCEDURES AND CONDITIONS FOR CONDUCTING AN ELECTION , INCLUDING THE LAST DATE FOR SUBMISSION OF ARGUMENTS J 6 THIS RESOLUTION IS ADOPTED WITH REFERENCE TO THE FOLLOWING FACTS : 7 WHEREAS , the CITY COUNCIL of the CITY OF SAN JACINTO, CALIFORNIA, 8 ( hereinafter referred to as the " legislative body of the local Agency " ) , has previously declared its intention and held and 9 ) conducted a public hearing relating to the issuance of bonds to � be secured by special taxes to pay for certain public capital 10 facilities in a community facilities district , as authorized 11 pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 198211 , being Chapter 2 . 5 , Part 1 , Division 2 , Title 5 of the Government Code of the State of California , said 12 Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO . 1 ( SOBOBA SPRINGS ) ( hereinafter 13 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 16 authorize 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 Agency " ) , at which time there will be submitted to the qualified 19 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 facilities in 21 said District , pursuant to the provisions of the " Mello - Roos Community Facilities Act of 1982 " , as referenced above , 22 NOW , THEREFORE , BE IT HEREBY RESOLVED , by the City Council of 23 the City of San Jacinto , in regular session , this 4th day of August , 1987 , as follows : 24 1 . The above recitals are all true and correct . 25 2 , That this legislative body hereby expressly declares and 26 states that it is necessary to incur a bonded indebtedness as authorized under the terms and provisions of the 27 "Mello- Roos Community Facilities Act of 1982 " , in order to finance the below described public capital facilities . 28 3 . That the purpose for the proposed bonded indebtedness and 29 facilities proposed to be financed through the issuance of said bonds , is generally described as follows : 30 To finance the construction and installation of 37 certain public improvements and facilities consisting of street improvements in MAIN STREET 32 and SOBOBA SPRINGS ROAD , including a bridge crossing , together with sanitary sewer , water , drainage and utility facilities , and a public fire station facility , including appurtenances and 1 appurtenant work , to serve the properties within the boundaries of the District . For a full and 2 complete description of said facilities , reference is made to the file entitled "CITY OF SAN JACINTO , 3 COMMUNITY FACILITIES DISTRICT NO . 1 ( SOBOBA. SPRINGS ) , DESCRIPTION OF FACILITIES " , a copy of 4- which is on file in the Office of the City Clerk ® For all particulars , reference is made to said 5 file . 6 4 . That the whole of the District will pay for the above referenced bonded indebtedness . A general description of 7 the District is as follows : 8 All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO . 1 ( SOBOBA SPRINGS ) , as g shown on a map as previously approved by this legislative body, said map designated by the name 10i of this Community Facilities District , a copy of which is on file in the office of the City Clerk . 11 5 . That the amount of the proposed bonded indebtedness , 12 including the cost of the facilities , together with all 13 incidental expenses , is generally as follows : SAID PROJECT FACILITIES , INCLUDING INCIDENTAL EXPENSES , 14 SHALL NOT EXCEED $17 , 100 , 000 . 00 . ALL COSTS ARE REPRESENTED 15 IN CURRENT DOLLARS AND ARE SUBJECT TO ESCALATION . 16 For further particulars , reference is made to the "COMMUNITY FACILITIES DISTRICT REPORT" , as on file in the Office of the 17 City Clerk . 18 6 . That it is hereby further determined that serial bonds shall be issued to generally be payable in not to exceed forty 19 ( 40 ) annual installments from their date and from the last series of bonds , and said bonds may be issued in differing 20 series , at differing times . The maximum rate of interest to be paid on said bonds sha1i not exceed the greater of either 21 twelve percent ( 12%) per annum or the maximum rate permitted by law at the time of sale of any of said bonds . The interest on said bonds shall be payable semi ® annual ly, and 22 the principal on said bonds shall be paid annually , with all 23 payments being made to the registered owner of said bonds , as authorized by law . The bonds , except where other funds 24 are made available , shall be paid exclusively from the annual levy of the special tax , and are not secured by any 25 other taxing power or funds of the Community Facilities District or the City . 26 7 . The proposition related to the incurring of the bonded 217 indebtedness shall be consolidated with the proposition relating to the levy of the special tax , shall be combined 28 into one ballot proposition , and s h a I I be submfitted to the qualified voters at a special election to be held on the 29 2 5 t h day of August , 1987 , and said election shall be a special mailed ballot election to be conducted by the City 30 Clerk of the City of San Jacinto . If the combined proposi - tion for the levy of the special tax and the incurring of 31 the bonded indebtedness receive the approval of more than two - thirds ( 213 ) of the votes cast on the proposition , bonds 32 may be authorized , issued and sold for the purposes set forth herein and the special tax may be levied as provided for in the Resolution of Formation . 8 . That the ballot proposal to be submitted to the qualified voters at the election shall generally be as follows : I PROPOSITION 2 CITY OF SAP? JACINTO, COMMUNITY FACILITIES DISTRICT 3 NO . I ( SOBOBA SPRINGS ) AUTHORIZATION TO INCUR BONDED INDEBTEDNESS AND AUTHORIZATION FOR SPECIAL 4 TAX LEVY 5 Shall the 'City of San Jacinto , Community Facilities District No . 1 ( Soboba Springs ) 6 County of Riverside , 1 ) incur a bonded indebtedness in an amount not to exceed 7 $17 , 100, 000 . 00 to pay for certain public improvements and facilities consisting YES 8 of street improvements in MAIN STREET and SOBOBA SPRINGS ROAD, including a 9 bridge crossing , together with sanitary NO sewer , water , drainage and utility faci - 10 lities , and a public fire station faci - lity, including appurtenances and appur- 11 tenant work , to serve the properties within the boundaries of the Community 12 Facilities District , and 2 ) levy a special tax to secure said bonded 13 indebtedness and/or pay for said public capital improvements , as well 14 as certain additional police and fire services ? 15 9 . That the appropriate mark placed in the voting square after 16 the word "YES " shall be counted in favor of the adoption of the proposition , and the appropriate mark placed in the 17 voting square after the word " NO " in the manner as autho - r i z e d , s h a I I b e c o u n t e d a g a i n s t t h e a d o p t i o n o f s a i d 18 proposition . 19 10 . The City Clerk is hereby authorized to take any and all steps necessary for the holding of said election . Said 20 C i t y Clerk shall preform and render all services and proceedings incidental to and connected with the conduct of 21- said election , and said services shall include , but not be 22 limited to the following : A . Prepare and furnish to the election officers necessary 23 election supplies for the conduct of the election . 24 B . Cause to be printed the requisite number of official 25 ballots , talley sheets and other necessary forms . 26 C . Furnish and address to mail official ballots to the qualified electors of the Community Facilities District . 27 D . Cause the official ballots to be mailed , as required by 28 1 aw . E . Receive the returns of the election and supplies . 29 30 F . Sort and assemble the election material and supplies in preparation for the canvassing of the returns . 31 G . Canvass the returns of the election . 32 H . Furnish a tabulation of the number of votes given in the election ® I . Make all arrangements and take the necessary steps to 2 pay all costs of the election incurred as r e s u It of services performed by the District and pay costs and 3 expenses of all election officials . 4i J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner 5 and form as required by law . 6 11 . That the City Clerk is hereby ordered to certify to the passage of this Resolution and to file a certified copy 17 thereof with the County Registrar of Voters , and shall cause this Resolution to be published once a week for two 8 successive weeks in the HEMET NEWS . This Resolution shall constitute the notice of the special bond election and 9 authorization to levy a special tax . 10 MOVED , PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY 11 COUNCIL duly held the 4th day of AugAst , 1987 . 12 ATTEST: 13 ayo 14 Deputy City Clerk 15 CERTIFICATE 16 17 The foregoing is certified to be a true copy of a Resolution duly adopted by said City Council of the City of San Jacinto an the 18 date therein set forth . 19 20 ATTEST : -- - - - - - - 22 Deputy C Clerk erk 23 24 25 26 27 28 29 30 31 32 CERTIFICATE OF CITY CLERK AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE CITY OF SAN JACINTO I, HELEN SHERMAN, Deputy City Clerk, City of San Jacinto, County of Riverside, State of California, DO HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 127000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN JACINTO, COMMUNITY FACILITIES DISTRICT NO. 1, SPECIAL MAILED BALLOT ELECTION in said City, held August 25, 1987. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District in said City, and the whole number of votes cast for the Measure in said District in said City, and the totals of the respective columns and the totals as shown for the Measure are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: 429 II. TOTAL NUMBER OF VOTES FOR AND AGAINST PROPOSITION A: FOR 429 AGAINST 0 WITNESS my hand and Official Seal this 26th day of August 1987. DEPU CITY CLERK CITY OF SAN JACINTO - STATE OF CALIFORNIA