HomeMy WebLinkAboutResolution - 2211 RESOLUTION NO. 2211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO,CALIFORNIA, DECLARING ITS INTENTION
TO ANNEX TERRITORY
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"), at this time is
desirous to annex 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 shall be known and designated as
COMMUNITY FACILITIES DISTRICT NO. 3, ANNEXATION NO. 5 (hereinafter referred to
as the "annexed territory").
WHEREAS,this legislative body is now desirous to proceed to adopt its Resolution
of Intention to annex territory to the existing District, to describe the territory included
within the existing District and the territory proposed for annexation, to specify the
services to be provided, to set and specify the special taxes that would be levied within
the territory proposed to be annexed, and to set a time and place for a public hearing
relating to the annexation of territory to said District; and,
WHEREAS, a map showing the territory to be annexed has been submitted, which
said map is hereby approved and a copy of said map shall be kept on file with the
transcript of these proceedings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Jacinto, in regular session, this fifth day of July, 1994, as follows:
1. That the above recitals are all true and correct.
2. That these proceedings for annexation are initiated by this legislative body
pursuant to the authorization of Section 53339.2 of the Government Code
of the State of California.
3. That this legislative body hereby determines that the public convenience
and necessity requires that certain territory be added to the existing District
and this legislative body declares its intention to annex said territory to the
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existing Community Facilities District, and a description of the boundaries
and territory proposed 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.
4. A general description of the territory included in the existing District is
hereinafter described as follows:
All that property and territory as previously included within the
original Community Facilities District, as said property was
shown on a map as approved by this legislative body
designated by the name of the original existing Community
Facilities District, a copy of which is on file in the Office of the
City Clerk, as well as a copy being on file in the Office of the
County Recorder.
5. The name of the proposed annexation shall be known and designated as
COMMUNITY FACILITIES DISTRICT NO. 3, ANNEXATION NO. 5.
6. 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.
7. It is the intention of this legislative body that, except where funds are
otherwise available, 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 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
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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.
8. 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.
9. 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.
10. NOTICE IS GIVEN THAT ON THE SIXTEENTH DAY OF AUGUST, 1994, AT
THE HOUR OF 7:30 O'CLOCK P.M., IN THE REGULAR MEETING PLACE
OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY
HALL, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE
BODY WILL CONSIDER THE ANNEXATION OF CERTAIN TERRITORY TO
THE EXISTING COMMUNITY FACILITIES DISTRICT, THE PROPOSED
METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED
WITHIN SAID PROPOSED ANNEXED TERRITORY, AND ALL OTHER
MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. THAT
AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING,
ANY PERSONS INTERESTED, INCLUDING TAXPAYERS, PROPERTY
OWNERS AND REGISTERED VOTERS, MAY APPEAR AND BE HEARD,
AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR
AGAINST THE ANNEXATION OFTERRITORYTO THE EXISTING DISTRICT
AND THE FURNISHING OF THE FACILITIES, WILL BE HEARD AND
CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING.
HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR
SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND
CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH
THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED
WITH THE CITY CLERK OF THE LEGISLATIVE BODY ON OR BEFORE
THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY
BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION
OF THE PUBLIC HEARING.
11. That notice of the time and place of the public hearing shall be given by the
City clerk in the following manner:
A. A Notice of Public Hearing shall be published in the legally
designated newspaper of general circulation, being the HEMET
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NEWS, said publication pursuant to Section 6061 of the Government
Code, with said publication to be completed at least seven (7) days
prior to the date set for the public hearing.
B. A Notice of Public Hearing shall be mailed, postage prepaid, to each
property owner within the boundaries of the area proposed for
annexation; said mailing to the property owners shall be to the
address as shown on the last equalized assessment roll. Said
mailing shall be completed at least fifteen (15) days prior to the date
set for the public hearing.
12. All environmental evaluation proceedings relating to the annexation of
territory to the existing District shall be completed prior to the date and time
set for the public hearing.
13. The City Clerk shall certify the adoption of this Resolution.
MOVED, PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY
COUNCIL duly held the fifth day of July, 1994.
ATTEST:
P ,
Mayor
`bep ty City Clerk
CERTIFICATE
The foregoing is certified to be a true copy of Resolution No. duly adopted by said
City Council of the City of San Jacinto on the date set forth therein.
ATTEST:
Deputy City Clerk
CFD#3\ANX#5\Inte nt.Res
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CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 3
ANNEXATION NO. 5
EXHIBIT "A"
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
The Resolution of Intention refers to this Exhibit for an explanation of the rate and
apportionment of the special tax so as to allow each landowner or resident within the
proposed district to estimate the maximum annual amount that would be required for
payment. For particulars as to the rate and method of apportionment, see the following:
PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX
Taxable property categories and initial maximum annual taxes are as follows:
I. RESIDENTIAL UNIT $96.40 per dwelling unit
II. COMMERCIAL & INDUSTRIAL $0.05 per square foot per 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.
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. The tax rate for Fiscal Year
93-94 was established as follows:
I. RESIDENTIAL UNIT $112.11 per dwelling unit
II. COMMERCIAL & INDUSTRIAL $0.06 per square foot per year for
developed area
TERM
The Final Land Use Residential Tax shall be levied as long as necessary to pay for
additional services.
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DEFINITIONS
The "Consumer Price Index" shall be the Los Angeles/Riverside Area - All Urban
Consumer Price Index, published by the United States Bureau of Labor Statistics, as said
data is available June 30th of each fiscal year.
"Developed Area" shall be that portion of the land to be developed as measured from
outside walls, excluding garage, covered ways and overhangs, patios and additions.
"Dwelling Unit" shall mean any building and any mobilehome which is not immediately
transportable or any portion thereof which contains living facilities, including provisions
for sleeping, eating, cooking and sanitation.
"Fiscal Year" shall be July 1st through June 30th of any year.
For all particulars relating to implementation,further interpretation, definitions, and all other
particulars related to the method and apportionment of the tax, reference is made to the
"Report" as previously approved by this legislative body.
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