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HomeMy WebLinkAboutResolution - 2225 RESOLUTION NO. 2225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, SUBMITTING TO THE QUALIFIED ELECTORS IN AN ANNEXED AREA OF A COMMUNITY FACILITIES DISTRICT A PROPOSITION TO LEVY A SPECIAL TAX AND ESTABLISHING PROCEDURES AND CONDITIONS FOR CONDUCTING AN ELECTION (COMMUNITY FACILITIES DISTRICT NO. 3, ANNEXATION NO. 5) THIS RESOLUTION IS ADOPTED WITH REFERENCE TO THE FOLLOWING FACTS: WHEREAS, the CITY COUNCIL of the CITY OF SAN JACINTO, CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency") , has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982" ; , being Chapter 2 . 5, Part 1, Division 2 , Title 5 of the Government Code of the State of California, and specifically Article 3 . 5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 3 (hereinafter referred to as the "District") , and, WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 3 , ANNEXATION NO. 5 (hereinafter referred to as the "annexed territory") , and WHEREAS, at this time this legislative body is desirous to proceed to make the necessary findings to levy the special tax within the annexed territory and to authorize the submittal of a proposition to the qualified electors, being the landowners of the territory proposed to be annexed, and establishing terms and conditions for the conduct of the election. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of San Jacinto, in regular session, this 16th day of August, 1994 , as follows: Section 1. Recitals: That the above recitals are all true and correct. 1 Section 2 . Levy of Special Tax: That this legislative body does hereby specifically authorize the levy of a special tax within the annexed territory, as authorized under the terms and provisions of the "Mello-Roos Community Facilities Act of 198211 , in order to finance the authorized public capital services. Section 3 . Annexed Area: That the territory to be annexed to the District will pay the referenced special tax levy. A general description of the territory to be annexed is as follows: All that property and territory proposed to be annexed to the existing Community Facilities District, as said property is shown on a map as previously approved by this legislative body, said map designated by the number of the annexation and the name of the existing Community Facilities District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. Section 4 . Special Tax Rate: That the amount of the special tax levy is as set forth in the RESOLUTION OF INTENTION TO ANNEX, and said special tax shall be secured by recordation of a continuing lien against all non-exempt real property within the annexed territory. The tax for the annexed territory is the same as that for the original District, and for further particulars relating to the special tax, reference is made to the BALLOT and tax rate and apportionment formula as set forth herein, which is a part of this Resolution. Section 5 . Election: The proposition related to the levy of the special tax shall be submitted to the qualified electors of the annexed territory, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the day of , 1994 , which is a date not less than 90 days or more than 180 days from the adoption of this Resolution. The election shall be a special mailed ballot election to be conducted by the City Clerk (hereinafter "Election Official") . The Election Official shall mail the ballots not more than 29 days before the election date and shall complete the mailing of all ballots not less than ten days before the election date. If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in the Resolution of Intention to Annex. Section 6. Ballot: That the ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: 2 PROPOSITION A CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 3 , ANNEXATION NO. 5, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 3 , City of San Jacinto, be authorized to (a) levy the special [ ] ] taxes specified below on properties [ Yes ] ] within the boundaries of Annexation [ ] ] No. 5 to pay for authorized public [ ] ] services, and (b) to modify the [ No ] ] Article XIIIB appropriations limit [ ] ] for Community Facilities District No. 3 to equal the maximum authorized special taxes which may be levied in any fiscal year in the original Community Facilities District including all property and territory proposed for annexation. EXISTING TAX RATE AND APPORTIONMENT The existing tax rate and apportionment for the tax categories identified below, as previously approved for Community Facilities District No. 3 , Annexation No. 5, are as follows: PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX Taxable property categories and initial maximum annual taxes are as follows: Maximum Annual Tax Property Category (Fiscal Year 1989-90) I . Residential Unit $96 . 40 per dwelling unit II. Commercial and $0 . 05 per square foot per Industrial year for developed area RESIDENTIAL, COMMERCIAL AND INDUSTRIAL taxes shall be levied on all property upon the issuance of a building permit in the fiscal year next following the issuance of the building permit. 3 ESCALATION OF TAX The above authorized taxes are for fiscal year 1989-90, and are subject to annual increases to reflect increases in the Consumer Price Index. Pursuant to such escalation, the tax rates for fiscal year 1993-94 were established as follows: Residential Unit - $112 . 11 per dwelling unit; Commercial and Industrial - $0. 06 per square foot per year for developed area Section 7 . Vote: That the appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. Section 8 . Election Procedure: The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for all qualified electors of the Community Facilities District. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. 4 I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed by the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. Section 9 . Certification: That the City Clerk is hereby ordered to certify to the passage of this Resolution. MOVED, PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY COUNCIL duly held the 16th day of August, 1994 . ATTEST: Ate: Councilmembers Leahy, Oaks, Solorio, Deputy City Clerk Williams, Mayor Hafliger NOES: None ABSTAIN: None ABSENT: None CERTIFICATE 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 date therein set forth. ATTEST: Deputy City Clerk 5