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.
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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:
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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.
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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.
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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
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