Loading...
HomeMy WebLinkAboutResolution - 2224 RESOLUTION NO. 2224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS (COMMUNITY FACILITIES DISTRICT NO. 3, ANNEXATION NO. 5) RECITALS: WHEREAS, on July 5, 1994 , the City Council of the City of San Jacinto adopted Resolution Nos. 2210 and 2211, adopting the boundary map and declaring its intention to Annex Territory to Community Facilities District No. 3 , and therein fixing a public hearing on the Annexation for August 16, 1994 , at 7 : 30 P.M. at the regular meeting place of the City Council ; and WHEREAS, on August 16, 1994 , a public hearing was held pursuant to Government Code Sections 53339 . 5, at which hearing protests were received; and WHEREAS , notice of the public hearing related to the annexation of territory to the existing District, the extent of the territory to be annexed, the furnishing of certain facilities and all other related matters has been given, all pursuant to the provisions of the "Mello-Roos Community Facilities Act of 198211 , being Chapter 2 . 5 , Part 1, Division 2 , Title 5 of the Government Code, and specifically Article 3 . 5 thereof; 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 , it has now been determined that written protests have not been received by registered voters and/or property owners representing more than one-half (1/2) or more of the area of land proposed to be annexed to said District or within the original District; and, WHEREAS, inasmuch as there are less than twelve (12) registered voters residing within the territory proposed to be annexed to the District, and have been for at least the preceding ninety (90) days, this legislative body is desirous to submit the levy of the required special tax to the landowners of the 1 territory proposed to be annexed to the District, said landowners being the qualified electors as authorized by law. NOW THEREFORE, BE IT HEREBY RESOLVED as follows: Section 1. Recitals/Protests: The facts stated in the preceding Recitals are found to be true and correct. The proposed special tax to be levied within the territory proposed to be annexed has not been precluded by a majority protest pursuant to Government Code Section 53339 . 6. Section 2 . Annexation order: The City Council does hereby declare and order the annexation of the territory to the existing Community Facilities District, known and designated as "COMMUNITY FACILITIES DISTRICT NO. 3 , ANNEXATION NO. 511 . Section 3 . Election: The question of levying a special tax within the area proposed to be annexed to the existing Community Facilities District No. 3 , shall be submitted to the qualified electors by mailed ballot pursuant to Elections Code Section 1340 et. seq. The City Clerk for the City of San Jacinto is hereby appointed as the Election Official as defined in Elections Code Section 15, and shall be charged with the duties of performing the election. The vote shall be by the landowners of the proposed annexation territory. Each voter landowner who is the owner of record at the close of the protest hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that he or she owns within the proposed annexation territory. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner. Section 4 . Ballot: This City Council hereby further directs that a ballot proposition relating to the levy of the above referenced special tax be prepared. This Resolution shall not constitute the notice of the election and the Resolution submitting the special tax levy to the voters shall constitute the notice of the election relating to the authorization for the special tax levy. Section 5. Necessity: The City Council hereby finds and determines that the facilities financed by Community Facilities District No. 3 and land annexed thereto, are necessary to meet increased demands placed upon the City of San Jacinto as the result of development occurring in the District and the proposed annexed territory. Section 6 . Description of Existing District: The name of the existing Community Facilities District is Community Facilities District No. 3 . Actual description of the territory included in the existing District is hereinafter described as follows: 2 All that property and territory as previously included within the original Community Facilities District and annexed thereto in previous annexations one through four, as said property was shown on a map or maps as approved by this legislative body designated by the name of the existing Community Facilities District, and annexations, copies of which are on file in the Office of the City Clerk, as well as being on file in the Office of the County Recorder. Section 7 . Description of Annexed Area: A description of the boundaries and territory proposed to be annexed is as follows (Annexation No. 5. ) : 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 annexations (Annexation No. 5) and the name of the existing Community Facilities District (Community Facilities District No. 3) , a copy of which is on file in the Office of the City Clerk, and shall remain open for public inspection. A copy of said map has been recorded as Book 38 and Pages 28-32 in the Book of Maps of Assessment and Community Facilities Districts in the Riverside Court Recorder' s Office, pursuant to Streets and Highways Code Sections 3111 and 3113 . Section 8 . Description of Services: That the types of public services provided in the existing District are generally described as set forth below, and no additional services are to be provided in the annexed territory and the existing services for the existing District will serve the properties within the annexed territory. A general description of the services authorized in the existing District is set forth as follows: Additional police and fire services necessary and required to meet increased demands within the boundaries of the District. Section 9 . Special Tax: It is the intention of this legislative body that, except where funds are otherwise available and subject to voter approval, a special tax sufficient to pay for said services to be provided in the annexed territory, secured by recordation of a continuing lien against all non- exempt real property in the annexed territory, will be levied 3 annually within the boundaries of the annexed territory. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A" , which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the annexed territory to clearly estimate the maximum amount that said person will have to pay on said special tax. Section 10. Collection Method: The proposed special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; however, as applicable, this legislative body may establish and adopt an alternate or supplemental procedure as necessary. Section 11. Exempt Property: This legislative body hereby determines that parcels owned by regulated public utilities and in use in the providing of telephone service, water, electricity, gas or other means of heat, illumination, power or any other public service shall be exempt from the special tax. Section 12 . Responsible Person for Preparation of Current Roll : The Finance Director for the City of San Jacinto, 312 East Main Street, San Jacinto, California, telephone (909) 654-7337 , shall be responsible for preparing annually a current roll of special tax levy obligations by Assessor' s parcel number and will be responsible for establishing future special tax levies pursuant to Government Code Section 53340. 2 . Section 13 . Continuing Lien: Upon recordation of a notice of special tax lien pursuant to section 3114 . 5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and its annexations, and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien cancelled in accordance with law or until collection of the tax by the legislative body ceases. Section 14 . Validity of Proceedings: The public hearing referred to in the Recitals hereof has been held, and each and every step in the proceedings required pursuant to Chapter 2 . 5 , Article 3 . 5, of the Government Code, both prior to and including the public hearing has been duly and regularly taken. Section 15 . Certification: The City Clerk shall certify the adoption of this Resolution. 4 MOVED, PASSED AND ADOPTED at a regular meeting of said City Council, duly held on the 16th day of August, 1994 . v MA OR AYES : Councilmembers Leahy, Oaks , Solorio, ATTEST• Williams , Mayor Hafliger NOES: None ABSTAIN: None ABSENT: None Deputy City Clerk CERTIFICATE The foregoing is certified to be a true copy of Resolution No. , duly adopted by the City Council of the City of San Jacinto on the date set forth therein. Deputy City Clerk 5