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HomeMy WebLinkAboutResolution - 3580 STATE OF CALIFORNIA ) RESOLUTION NO. 3580 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DETERMINING THE NECESSITY FOR COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF SAN JACINTO TO INCUR A BONDED INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,500,000 FOR PROVIDING PUBLIC FACILITIES WITHIN AND FOR THE COMMUNITY FACILITIES DISTRICT, AND CALLING A SPECIAL ELECTION FOR THE COMMUNITY FACILITIES DISTRICT ON PROPOSITION FOR INCURRING SUCH BONDED INDEBTEDNESS WHEREAS, on May 5, 2015, the City Council (the "City Council") of the City of San Jacinto (the "City"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the "Act"), adopted Resolution No. 3569 declaring the necessity for Community Facilities District No. 2015-1 of the City of San Jacinto (Supplemental Special Tax to Rancho San Jacinto, Phase 2), County of Riverside, State of California (the "Community Facilities District"), to incur a bonded indebtedness for the purpose of providing public facilities which are necessary for the development of the property therein, and scheduling a hearing thereon; and WHEREAS, notice of the hearing was published and mailed as required by law; and WHEREAS, on June 18, 2015, at the time and place of the public hearing the City Council conducted the hearing and afforded all persons interested, including persons owning property within the Community Facilities District, an opportunity to be heard on the proposed authorization to incur bonded indebtedness, and no protests were received; and WHEREAS, on June 18, 2015, the City Council adopted a resolution establishing the Community Facilities District pursuant to Section 53325.1(a) of the California Government Code, establishing the Community Facilities District (the "Resolution of Formation"); and WHEREAS, it is necessary for the Community Facilities District to incur a bonded indebtedness for the purpose of providing and financing the public facilities for the Community Facilities District; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS: 24438.70020\9786519.3 Section 1. Necessity. The City Council declares that it is necessary that a bonded indebtedness be incurred by and for Community Facilities District No. 2015-1 of the City of San Jacinto (Supplemental Special Tax to Rancho San Jacinto, Phase 2), County of Riverside, State of California, in an aggregate principal amount not to exceed $5,500,000 for the purpose of financing the payment of a portion of the debt service on the San Jacinto Financing Authority 2002 Local Agency Revenue Bonds, Series A (Tranches A through D) (the "2002 Bonds") as described in the Resolution of Formation. Section 2. Amount of Debt; Terms of Bonds. The aggregate principal amount of the bonded indebtedness to be incurred by the Community Facilities District shall not exceed $5,500,000. The maximum term of the bonds shall not exceed 40 years. The maximum annual rate of interest to be paid semiannually on the bonds shall not exceed 12 percent per annum or such other rate as may be the maximum interest rate permitted by law. Section 3. Proposition to be Submitted to Voters. The proposition to be submitted to the voters within the Community Facilities District with respect to the proposed bonded indebtedness shall be as follows: Shall a bonded indebtedness in an aggregate principal amount not to exceed $5,500,000 be incurred by and for Community Facilities District No. 2015-1 (Supplemental Special Tax to Rancho San Jacinto, Phase 2) of the City of San Jacinto, County of Riverside, State of California, for a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purpose of financing a portion of the principal of and interest on the San Jacinto Financing Authority 2002 Local Agency Revenue Bonds, Series A (Tranches A through D) (the "2002 Bonds") and paying incidental expenses as provided in Resolution No. 3569 adopted by the City Council of the City of San Jacinto on May 5, 2015? Section 4. Election. The date of the special election with respect to the incurring of the aforementioned bonded indebtedness, at which time the proposition set forth in Section 3 hereof shall be submitted to the voters of the Community Facilities District is June 18, 2015, and the special election is hereby called for that date. The special election shall be consolidated with the special election with respect to the propositions for (i) the levy of special taxes for the payment of the principal of and interest on the 2002 Bonds and to pay or accumulate funds for paying the costs thereof and (ii) establishing an appropriations limit for the Community Facilities District which has also been called for June 18, 2015. The consolidated special elections shall be conducted by mail ballot pursuant to applicable provisions of the California Elections Code with respect to mail-ballot elections of community facility districts and specifically Division 4 (commencing with Section 4000) of that Code, insofar as they may be 24138.70020\9786519.3 -2- applicable. The voted official ballot shall be returned to the City Clerk of the City Council by 4:00 p.m. on the date of the election; provided that the election shall be closed before such hour if the City Clerk determines that all qualified electors have voted. Section & Accountability Measures. Pursuant to Section 53410 of the California Government Code, if the voters approve the proposition contained in the official ballot for the consolidated special elections with respect to the Community Facilities District incurring bonded indebtedness for the purposes for which such indebtedness is to be incurred (the `Bond Proposition") and bonds of the Community Facilities District are to be issued, the incurring of such bonded indebtedness and the issuance of bonds of the Community Facilities District shall be subject to the following accountability measures: (a) The Bond Proposition shall identify the specific purposes for which the bonds are to be issued; (b) The proceeds of the bonds shall be applied only for the specific purposes identified in the Bond Proposition; (c) An account or accounts shall be created pursuant to the bond indenture or fiscal agent agreement for such bonds into which the proceeds of the sale of such bonds shall be deposited; and (d) The chief financial officer of the City shall file a report with the City Council no later than January 2 of the calendar year beginning after the year in which the bonds are issued and annually thereafter, which shall contain the information required by Section 53411 of the California Government Code. The City Council finds that the Bond Proposition which will be set forth in the official ballot for the consolidated special elections, and which is set forth in Section 3 hereof, identifies the specific purposes for which the Community Facilities District will incur bonded indebtedness and issue bonds. 24438.70020\9786519.3 -3- PASSED, APPROVED and ADOPTED this 18th day of June, 2015, by the following vote: AYES: Bartel, Ledezma, Miller, Ruiz NAYS: None ABSENT: Kotyuk ABSTAIN: None City of San Jacinto Crystal uiz, Mayor ATTE Richard Miller, City Clerk 24438 70020\9786519.3 -4- CERTIFICATION I, Richard Miller, City Clerk of the City Council of the City of San Jacinto, certify that the foregoing resolution was adopted by the City Council of the City of San Jacinto at a special meeting held on the 18th day of June, 2015, by the following vote: AYES: Bartel, Ledezma, Miller, Ruiz NAYS: None ABSENT: Kotyuk ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Jacinto this 18th day of June, 2015. Ric and Miller, City Clerk -5- 24438.7002D97865193