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HomeMy WebLinkAboutResolution - 1805 i RESOLUTION NO. ISO5 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING AND ESTABLISHING THE FORMATION OF A 2 COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TARES TO THE 12UALIFIE❑ ELECTORS 3 € 4 THIS R136OLUTI ON 15 ADOPTED WITH REFERENCE TO THE FOLLOWING FACTS: 5 WHEREAS, a public hearing has been held and ccncluded, and the 6 CITY COUNCIL of the CITY OF sAN JACINTO, CALIFORNIA, ( herein- after referred to as the " legislative body of the local Agency" ) 7 is deeironS at this time to proceed with the es-ablishment of a community Facilities district, pursuant to the terms and provi- g sions of the "Mello-R❑og Community Facilities Act of 198211 , heinq Chapter . . 5 , ?art 1 , Division 2 , Title 5 of the Government 9 Cade of the s t a L e of California , said community Facilities District 9 h a 11 hereinafter be referred t.e as COMMUNITY FACI€,ITIFS DISTRICT NO . 3 ( hereinafter referred to as the District' ] ; and, 11 WHEREAS, inasmuch as there are less than twelve ( 12 ) registered 14 vo-ers residinn within the territory of the District, and have been been for at leaet the preceding ninety ( 90) days, this �•' legislative body is desicaus to *uOmil the levy of the required special tax to the landowners of the District , said landowners 14 being the qualified electors as authorized by law. 15 NOW, THEREFORE , BR IT RESOLVED, by the City council of the City of San Jacinto , in regular session, this 7th day of 16 February, 1989 as follows: 1r. _'r RECITALS _8 I . That the above recitals are all true and correct. _9 NAME OF DISTRICT 20 2 . That this legislative body <i o e s hereby establish and declare the format ten of the Community Facilities District 21 known and designated as "COMMUNITY FACILITIES DISTRICT No. 22 DOUt]DARIES of ❑ISTRICT ;3 3 . That the boundaries and Uarceis of land in which the 24 public services are to be provided and on which special taxes will be levied in ordar to pay the co 9ts and 25 expenses far said public facilities are generally described as follows: 26 ALL property tQ be served by the proposed public services, 27 as said property is shown on a boundary map as previously approved by this ] Rgislative body, said map designated by 2B the name of this Community Facilities District, a copy of which is on file in the Office of the City Clerk and shaLl 29 remain open for public inspection. The boundary map of the proposed District has been filed pursuant to Sections 30 3111 and 3113 of the Go vernment Codu of the State of California in the utfice of the County Recorder of the ��- County of Riverside, at page 21 cf Book zC of �. the Book of Maps of Assessment and community Facilities 32 nistricts for said County . DEScfiIP710N OF .SERVICES 1 4 . A oeneral description of the public services which t h i, legislative body is authorized by law to prcvide, which 2 are the services to provided under these proceedings, are generally described as follows: 3 ' Additional police and fire services necessary and required �i to ilieeL incieasecl demands within the boundaries of Llie l)LBtrrCt . For `urther particulars, reference is made to the description of services contained in the "Report" on file with the City Clerk. tri The services, as above-described, are services as autho-rized by Law and in addition tc those provided i.n the territ Dry of the District, and said services s h a II not g supplant or replace specific services already available within that territory, J SPECIAL PAX_ 10 5. Except where funds are otherwise available, a special tax, 11 secured by recordation of a continuing lien against all non-exempt real property in the proposed District, is 12 hereby authorized, subject to voter approval, to be levied annually within the hnundaries of said Dlstrint. Tha 13 proposed special tax to be levied within said District hac not been precluded by majuriLy proLesL pursuatL Lv Secti��i 14 53324 of the Government Code of the state of California. For particulars as to the rate and method of apportionment 15 of the proposed special tax , reference is made to the attached and incorporated Exhibit "A" , which sets forth in 16 sufficient d a t ail the method of apportionment to al log each landowner or resident within the proposed District to 17 estimate the probable annual amount and the maximum amount that said person will have to pay for the authorized 18 services. 19 The special taxes herein authorized shall he collected in the same manner as ad valorem property taxes and shall be 20 subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad 21 valorem taxes. 22 Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114. 5 of the streets and highways Code of the State of california, a continuing lien to secure each Levy of the ❑pecial tax shall attach to all non-exempt real c4 property in the District and this lien shall continue in force and effect until the special tax obligation is 5 prepaid .and premanently satisfied and the lien camcelled in accordance with law or until collection of the tax by 26 the legislative bod; ceases. 27 PREPARATION OF ANNUAL TAX ROLL 2a 6. The name, address and telephone number of the office, department or bureau which will be responsible for prepar- ing annually a current roll of special tax levy obliya- tions by Assessor's parcel number and which shall be respo- 30 nsible fur estimating future special tax levies pursuant to Section 53340. 1 of the Government Code of the State ❑f 31 caLifornia , are as follows: 32 BRIAN McNABB, DIRECTOR COMMUNITY DEVELOPMENT 1 CITY OF SAN JACINTO �- F. O. BOX 4B8 2 SAN JACINTO, CA 92383 TELEPHONE: (714) 654-7337 3 FINDING OF VALIDITY c� ! . it is hereby further determined by this legislative body that all proceedings prior hereto were valid and taken in conformity with the requirements of the law, and specifi-cally the provisions of the "Hello-Foos Community Facili- ties Act of 1982" , and that this finding and determination ? is made pursuant to the provisions and authorization of Section 53325 . 1 of the Government Code of the State of 0 California. G APPEALS AND INTERPRETATION PROCEDURE 10 8 . Any landowner or resident who feels that the amount or formula of the special tax is in error may file a notice 11I with the Agency appealing the levy of the special tax. An appeals panel cf 3 members, as appointed by the Agency, 12 w i I I then meet and promptly review the appeal, and if necessary, meet with the applicant. If the findings of 13 the Appeals Board verify that the tax should be modified or changed, a Loeu mmeudaLLun at that time will be made to 1f the Agency and, as appropriate, the special tax levy shall be corrected , and if applicable in any case, a refund 15 shall be granted. Ira Interpretations may be made by the Agency by Resolution .�� for purpneee of clarifying any vagueness or ambiguity as 17 it relates to any category, zone , rate or definition applicable to these proceedings . 18 ELECTION 19 9. This legislative body herewith submits the levy of the 20 special tax to the qualified electors of the District, said electors being the landowners of the proposed 21 District , with each landowner having one ( 1 ) vote for each acre or portion thereof of land which he or she owns 22 within the Community Facilities District. 23 lo. This legislative body hereby further directs that a ballot proposition relating to the levy of the above-referenced 24 special tax be prepared. 25 11 . The City Clerk shall , within three { 3) days after the adoption of this Resolution establishing the District, 26 transmit to the Election Official the following documents: 27 A. A certified copy of the proposed boundary map, showinq the parcels and boundaries of the District; 2& B. As applicable, a sufficient description to determine 29 the boundaries of the District ; 30 C. Assessor ' s parcel numbers for all land within the District for all landowner elections. 31 CERTIFICATION 32 12 , The city clerk shall certify to the adoption of this Resolution . I MOVED, PASSED AND ADOPTED AT A REGULAR MEETING OF SAID CITY COUNCIL duly held the 7th day of February , 1969 . 1 ATTEST: /! ' — ..r• 2 .� i6epvty—city Clerk CERTIFICATE 5 7 The foregoing is certified to be a true 7opy of a Resolution duly adopted by said City Council of the City of San Jacinto on 3 the date therein get forth. o ' ATTEST: l� 12 Deputy City Clerk 13 14 15 16 q.. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 �I CITY OF SAN ZACINTO COMMUNITY FACILITIES DISTRICT NO. 3 2 EXHIBIT "A" 3 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 5 as to allow mach landowner or resident within the proposed district to estimate the maximum annual amount that would be o ' required for payment. For particulars as to the rate and method of apportionment, see the following: PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAR Taxable property categories and initial maximum annual taxes are 3 an follows: 10 MAXIMUM ANNUAL TAX PROPERTY CATEGORY ( FISCAL YEAR 1?89-90� �.1 I . RE5IDENTIAL 0MTT $96. 40 per dwelling unit 12 II . COMMERCIAL AND INDUSTRIAL $0. 0s per square foot per J-3 year for developed aaea 14 RESIDENTIAL, COMMERCIAL AND INDUSTRIAL taxes shall be levied on all property upon the issuance of a building permit in the 15 fiscal year next following the issuance of the building permit . 16 ESCALATION OF TAX 17 The above authDrized taxes for are for fiscal year 1999-90, and are subject to annual increases to reflect increases in the 18 Consumer Price Index. 19 TERM 20 The Final Land Use Residential Tax shall he levied as long as necessary to pay for additional services. 21 DEFINITIONS 221 Ii The "Consumer Price Index" shall Le the Los Angeles/Riverside ti31 Area - All Urban Consumer Price Index, published by the United States Bureau of Labor Statistics, as said data is available 24 7une 3oth of each fiscal year. 25 "Developed Area" shall he that portion of the land to be developed as measured from outside walls, excluding garage, 26 covered ways and overhangs, patios and addition, . 27 "Dwelling Unit" shall mean any building and any mobilehome which in nny immadiatpLy transportable or any portion thereof which 28 contains livinq facilities, including provisions for sleeping, eating, cooking and sanitation. 29 � "Fiscal 'tear" shall be July 1 through June 3C of any year. 30 r r w 31 For all particulars relating to implementation, further interpre- 32 tation, definitions, and all other particulars related to the method and apportionment of the tax, reference is made to the "Report" as previously arpvoved by this legislation body. i « w RESOLUTION NO. 1806 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, I CALIFORNIA, SUBMITTING TO THE RUALIFIED VOTERS OF A COMMUNITY a FACILITIES DISTRICT A PROPOSITION TO LEVY A SPECIAL TAX TO PAX FOR CERTAIN CAPITAL SERVICES IN A COMMUNITY FACILITIES DISTRICT 5 AND OTVTNR NOTTCR THEREON, AND ESTABLISHING PROCEDURES AND CoNtrITIONS FOR CONDUCTING AN ELECTION .1 !� THIS RESOLUTION SS ADOPTED WITH REFERENCE TO THE FOLLOWING ff FACTS: f7 I WHEREAS, the CITY COUNCIL of the CITY OF SAN JACINTo, CALIFORNIA 71 (hereinafter rc,ferrecl to as the "leyislative body of the Local Agency " ( , has previously declared its i.ntention and held and f3 conducted a public hearing relating to the levy of special taxes to pay for certain public capital services in a community facili-ties district, as authorized pursuant (o t.lie r.er ins and provi- sions of the "Mello-Roos Community Facilities Act of 1962" , ZQ being Chapter 2 . 5, Part 1, Division 2 , Title 5 of the Government Code of the State of California, said Community Facilities 11 District sha 11 hereinafter be referred to as COMMUNITY FACILITIES DISTRICT No . 3 ( hereinafter referred to as the 12 "District" ) ; and, 13 WHEREAS , at this time this Iaginlative body In desirous to proceed to make the necessary findinyy tu declare the purpose, 14 necessity and foundation for the special tax, and to authorize the submittal of a proposition to the voters of said District, 15 being the landowners of the proposed District, ail as authorized and required by law; and, 16 WHEREAS, a special election is to be held in the city of 5an .�. 17 Jacinto, uaiifornia, ( hereinafter referred to as the "local Agency" ) , at which time there will be submitted to the qualified 16 electors of said District certain propositions relating to the authorization to levy a special tax in order to pay for certain 19 capital services in said District, pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982" , as referenced 20 above. 21 MOW, THEREPOR6, BE IT RESOLVED, ny the City Council of the City of San .Jacinto , in regular session , this 7th day of 22 February, 1989 as follows : 23 RECITALS 24 1 . That the above recitals are all true ant correct . 25 SPECIAL TAX 26 2 . That his legislaLive body Hereby expressly :leClares and states that it is necessary to levy a special tax as autho- 27 rized under the terms and provisions of the "Mello-R"s Community Facilities Act of 1982" , in order to finance the 28 helow described public capital services_ 29 PURPOSE OF TAX 30 3 . That the purpose for the levy of the speciai tax and the services proposed to he financed through said levy is 31 generaily described as follows: 32 3 Additional police and fire services necessary and required to meet increased demands within the boundaries of the 1 District. For further particulars, reference is made to the description of servi c.es contained i.n the "Report" an 2 file .with the City CLerk . 3 The serviaoc, an above described, arc services as autho- cized by law And in addiLiun to Lhuse ptuvi.ded in the terri- .� � tafy of the ❑ist r ict, and Said services writ not supplant or replace specific services already available :within that F territory. h BOUNDARIES OF DISTRICT 7 4 . That the whoie of the District will pay for the above- referenced special tax levy. A general description of the District is as follows: C All that property to he served by the proposed publi^ services, as said property is shown on a map as previously 1 approved by this legislative body, said map designated by the name of this Community Facilities District, a copy of 11 which is on file in the office of the City Clerk. 1G PLECTSON 19 6. The pav pvai0iuu relating to the levy of the special tax s A 11 he submitted to the qualified voters at a special 14 election to be held cn the 14TH DAY OF FEBRUARY, 1989, and said election shall be a special mailed ballot election to it be conducted by the City Clerk (hereinafter referred to as the "Election official" ) . If the proposition for the levy of the special tax receives the approval of more than two- ' thirds ( 713 ) of the votes cast on the proposition, the special tax may be levied as provided for in the Resolution of Formation. lE BALLOT 19 7 . That the ballot proposal to be submitted to the qualified 2C voters at the election shall generally he as follows : P1 PROPOSITION A: `tit Shall Community Facilities District No . 3, City of 5an Jacinto, California, 23 be authorized to 1 ) to levy special yE5 taxes to pay for certain additional 24 police and fire services necessary and E required to meet increased demands NO f 25 within the boundaries of the District , and 2 ) establish an Article RIIIB 26 appropriations iimit equal to the maximum authorized special taxes 27 which may be levied in any fiscal year? 28 The rate and method of apportionment of the special tax 29 shall not exceed the following: 3`+ PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX 31 Taxahln property categories and initial maximum annual .,� taxes arc as follows: 32 i MAXIMUM ANNUAL TA7{ PROPERTY CATEGORY jFISCAL YEAR 1989-90 ) 1 I . RESIDENTIAL UNIT $96. 40 per dwelling unit �.. 7 II . COMMERCIAL AND INDUSTRIAL $0. 05 per square foot per ,j year for developed area _t RESIDENTIAL, COMMERCIAL AND IN➢USTRIAL taxes shall he levied on all property upon the issuanCe •?f a building r, permit in the fiscal year next following the issuance of the building permit . O VOTE S . That the appropriate mark placed in the voting square after 31' the word "YES" shall be taunted 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 autho- rized, s h a 11 be counted against the adoption of said ].Q proposition. 11 ELECTION PROCEDURE 12 9. The Election Official is hereby requested and authorized to take any and all steps necessary for the holding of said 1.3 election. Said Election official shall preform and render all services and proceedings incidental to and connected 14 with the r.-onduct of said election, and said services shall include, but not be limited to the following: 15 1. Prepare and furnish to the election officers necessary 16 election supplies for the conduct of the election. 1 17 2. Cause to be printed the requisite number of official ballots, talley sheets and other necessary forms. 16 3. Furnish and address to mail official ballots to the 19 qualified electors of the Community Facilities District. 20 4. Cause the official ballots to he mailed, as required by 21 law. 22 5 . Receive the returns of the election and supplies. 23 6 . Sort and assemble the election material and supplies in preparation for the canvassing of the returns. 24 7 . Canvass the returns of the election. 25 9 . Furnish a tabulation of the number of votes given in 26 the election. 27 9 . Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of 28 services performed by the District and pay costs and expenses of all election officials. 29 10. Conduct and handle all other matters relating to the 30 proceedings and conduct Df the election in the manner and form as required by law. 31 32 RESOLUTION NO. 106 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF A COMMUNITY 2 FACILITIES DISTRICT A PROPOSITION TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN CAPITAL SERVICES IN A COMMUNITY FACILITIES DISTRICT 3 AND GIVING NOTICE THEREON, AND ESTABLISHING PROCEDURES AND CONDITIONS FOR CONDUCTING AN ELECTION 41 y 5 THIS RESOLUTION I5 ADOPTED WITH REFERENCE TO THE FOLLOWING FACTS- 6 WHEREAS, the CITY COUNCIL of the CITY OF SAN JACINTO, CALIFORNIA 7 (hereinafter referred to au the "legislative body Of the local Agency" ) , has prevLousLy declared its intention and held and 8 conducted a public hearing relating to the levy of special taxes to pay for certain public capital services in a community facili- ties district, as authorized pursuant to the terms and provi- alone of the "Hello-Roos Community Facilities Act of 1982", 10 being Chapter 2 .5, Part L, Division 2, Title 5 of the Government Code of the .State of California, said community Facilities 11 ❑istr i c t shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 7 (hereinafter referred to as the 12 "District"J ; and, 13 WHEREAS, at this time this legislative body is desirous to proceed to make the necessary findings to declare the purpose, 14 necessity and foundation for the special tax, and to authorize the submittal of a proposition to the voters of said District, 15 being the landowners of the proposed District, all as authorized and required by law; and, 16 WHEREAS, a special election is to be held in the city of San 17 Jacinto, California, (hereinafter referred to as the "local r� Agency") , at which time there will be submitted to the qualified 19 electors of said District certain propositions relating to the authorization to levy a special tax in order to pay for certain 19 capital services in said District, pursuant to the provisions of the "Mello-Race Community Facilities Act of 1982", as referenced 20 above. 21 ; NOW, THEREFORE, BE IT RESOLVED, by the CLty Council of the City of San .Jacinto, in regular session, this 7th day of 22 February, 1989 as follows: 23 RECITALS 24 11, That the above recitals are all true and correct . 25 SPECIAL TAX 26 2. That this legislative body hereby expressly declares and states that it is necessary to levy a special tax as autho- 27 Yized under the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", in order to finance the 28 below described public capital services. 29 PURPOSE OF TAX 30 .1 That the purpose for the levy of the special tax and the services proposed to be financed through said levy is 31 generally described as follows? 32 Additional police and £ire services necessary and required to meet increased demands within the boundaries of the 1 District. For further particulars, reference is made to the description of services contained in the "Report., on 0 Z file with the City Clerk. 3 The services, as above described, are services as autho- rized by law and in addition to those provided in the terri- 4 tory of the District, and said services will not supplant or replace specific services alroady available within that 5 territory. 45 BOUNDARIES OF DISTRICT '] 4. That the whole of the District will pay for the abvve- referenced special tax Levy. A general description of the 8 District is as follows: 9 All that property to be served by the proposed public services, as said property is shown an a map as previously 10 approved by this legislative body, said map designated by the name of this Community Facilities District, a copy of LL1 which is on file in the office of the City Clerk. 12 ELECTION -6 6. The proposition relating to the levy of the special tax shall be submitted to the qualified voters at a special 14 election to be held on the 14TH DAY OF 8'ESRUARY, 1989, and said election shall be a special mailed ballot election to 15 be conducted by the City Clerk (hereinafter referred to as the "Election Official" ) . If the proposition for the levy 16 of the special tax receives the approval of more than two- thirds )213 ) of the votes cast on the proposition, the 17 special tax may be levied as provided for in the Resolution of Formation. 18 �- BALLOT 19 7. That the ballot proposal to be submitted to the qualified 20 voters at the election shall generally be as follows: 21 PROPOSITION A: 22 shall Community Facilities District No. 3, City of San Jacinto, California, 23 be authorized to 1) to levy special YES taxes to pay for certain additional 24 police and fire services necessary and F required to meet increased demands NO 25 within the boundaries of the District, f and 2 } establish an Article XIII5 26 appropriations limit equal to the maximum authorized special taxes 27 which may be levied in any fiscal year? 28 The rate and method of apportionment of the special tax 29 shall not exceed the following: 30 PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX 31 Taxable property categories and initial maximum annual taxes are as follows: 32 rrl MAXIMUM ANNUAL TAX PROPERTY CATEGORY (FISCAL YEAR 1999-93) 1 — - �� I . RESIDENTIAL UNIT $96. 40 per dwelling unit 2 II. COMMERCIAL AND INDU5TR1AL $0.05 per square foot per 3 I year for developed area 4 RESIDENTIAL, COMMERCIAL AND INDUSTRIAL taxes shall he levied on all property upon the issuance of a buildinq 5 permit in the fiscal year next following the issuance of the building permit. s VOTE 7 A- That the appropriate mark placed In the voting square after 8 the word "YES" shall be counted In favor of the adoption of the proposition, and the appropriate mark placed In the g voting egnare after the word "NO" in the manner as autho- rized, shall be counted against the adoption of said 10 � proposition. I 11 ELECTION PROCEDURE 12 9. The Election official is hereby requested and authorized to take any and all steps necessary for the holding of said 13 election. said Election Official shall preform and render all services and proceedings incidental to and connected 14 with the conduct of said election, and said services shall include, but not be limited to the following: 15 1. Prepare and furnish to the election officers necessary 16 election supplies for the conduct of the election. 17 2. Cause to be printed the requisite number of official ballots, talley sheets and other necessary forms. 19 3- Furnish and address to mail official ballots to the 19 qualified electors of the community Facilities District. 20 4. Cause the official ballots to be mailed, as required by 21 law. 22 5. Receive the returns of the election and supplies. 23 6. Sort and assomb.le the election material and supplies in preparation for the canvassing of the returns. 24 7 . Canvaee the returns of the election. 2b 8 . Furnish a tabulation of the number of votes given in 211 the election. 27 9. Make all arrangements and take the necessary steps to Pay ail coats of the election Incurred as a result of 2B services performed by the District and pay costs and expenses of all election officials. k9 10. Conduct and handle all other matters relating to the 30 proceedings and conduct of the election In the manner 31 and form as required by Law. 32 CERTIFICATION 1 10. The City Clerk shall certify to the adoption of thin Resolution. 2 3 MOVED, PASSED AND ADOPTED AT A RBGVLAR MEETING OF SAID CITY COUNCIL duly held the 7th day of February, 1AA4. 2 ATTEST: 5 �! - Mayor 6 - a . 7 Deputy City Clerk S CERTIFICATE 9 10 The foregoing ie certified to be a true copy of a ReaolatLon duly adopted by Raid City Council of the City of San Jacinto on 11 the date therein set forth. 12 ATTEST: ;3 14 15 Deput'y City Clerk 16 ]7- 10 19 20 ul 22 23 24 25 26 27 28 29 30 31 32 +rr