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HomeMy WebLinkAboutResolution - 1891 RESOLUTION NO. 1891 lI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, 3 CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY TO AN EXISTING 2 COMMUNITY FACILITIES DISTRICT AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS 3 � 4 THIS RESOLUTION IS ADOPTED WITH REFERENCE TO THE FOLLOWING PACTSz r. WHEREAS , the CITY COUNCIL of the CITY OF SAN JACINTO, b CALIFORNIA, ( hereinafter referred tc as the "legislative body of the local Agency" ) , has previously declared its intention and `j held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provi.sions of the "Me1. 10-Roos Community Facilities Act of 19R2" , being Chapter 11 , 5, Part 1 , Division 2, 9 'ritle 5 of the Government Code of the State of California, and specifically Article 3 , 5 thereof . The existing Community 1C Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 3 (hereinafter referred to as the "Dietrir.t" ) ; and, WHEREAS, notice of a public hearing relating to the annexation 1c of territory to the existing District, the extent of the terri- tory to be annexed, the furnishing of certain facilities and all 1� ether related matters has been given, and an Annexation Report, as ordered by this Agency, has been presented and considered; 14 and, 15 WHEREAS, the area proposed to be annexed is known and desig- nated as COMMUNITY FACILITIES DISTRICT NO. 3, ANNEXATION NO. 1 16 (hereinafter referred to as the "annexed territory" ) ; and, 17 WHEREAS, it has now been determined that written protests have not been received by registered voters and/or property owners 1.8 representing more than one-half ( 1/2 ) or more of the area of land proposed to be annexed to said District or within the 19 original District; and, 20 WHEREAS, inasmuch as there are less than twelve ( 12 ) regis- tered voters residing within the territory propceed to be ?1 annexed to the District , and have been been for at least the {,receding ninety ( 90 ) ,lays, [his legislative n dy , desirous to 22 submit the levv of the required special tax to the landowners of the territory proposed to be annexed to the District , said 23 landowners heinq the qualified eiectcrs as authorized by law. 24 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Jacinto, in regular session, this 19th day of ,Suns, 25 i99C', as follows: 26 RECITALS 27 1 . That the above recitals are All free and correc.t - 28 PROTESTS 29 2 . That written protests, if any, have not been received from registered voters and/or landowners representing a majority 30i protest, and all ❑rotests, if any, are hereby overruled and denied. J� _2 i ANNFXATION ORDER l � 3 . That this legislative body does hereby declare the annexa- tion of the territory to the existing Community Faoilitie 2 ! Dint riot , known and designated as "COMMUNITY FACILITIES DISTRICT NO. J, ANNEXATION NO. 1" . RD[INDARTA.S OF ANNRRFn AREA 4 A . That the Loul]ddries and parcels of land to be annexed and 5 in which the public facilities are to be provided and on which special taxes will be levied in order tc pay the 6 costs and expenses for said public facilities are generally described as follows: n All that property and territory proposed to be annexed to C3 the Pxisting Community Fac i_lit i_es ❑istrict , as said property is shown Qn a may as previously approved by this 9 legislative body, said map designated by the number of the annexation and the name of the existinq Community Facili- 1Q1 ties District , a cony of which is on file in the office of the City Clerk and shall remain open for public inspection. DESCRIPTION OF SERVICES 12 5 . A general description of the public services provided in 13 the existing District are generally described as set forth below, and no additional services are to be provided in the 14 annexed territory . A general description of the services authorized in the existing ❑istrict is set forth as 15 follows! 16 Additional police and fire services necessary and required to meet increased demands within the boundaries of th 17 District . 18 SPECIAL TAX 19 b . That a special tax, except where funds are otherwise avail- able, is hereby authorized, subject to voter approval , to 20 be Levied annually within the boundaries of the territory to be annexed to said District. For particulars as to the rate and method nE apportionment of the proposed special tax , reference is made to the -attached and incorporated 22 F.x hibit "A" , which ssts forth in sufficient detail the method of apportionment to allow each landowner or resident 1? within the territory proposed to be annexed to the District to clearly estimate the annual amount that i,aid person will 24 have to pay for said services. Said special tax shall be utilized to finance the public Capital services described 25 hereinabove. 26 VALIDITY OF YROC$EDINGS 27 7 . [t is hereby further determined by thi3 legislativc body l.lydt all pruuerdiriye pryer hereto were valid and taker] in 28 conformity with the requirements of the law, and specifi- cally the provisions of the "Mello-Roos Community Facfli- 29 ties Act of 1982" , and that this finding and determination is made pursuant to the provisions and authorization of 3❑ ;e ct ion rll2r . 1 of the Government Code of the State of California. 71 ELECTION 1 8. This legislative body herewith Submits the levy of the special tax to the qualified electors, said electors being 2 the landowners of the territory proposed to be annexed to the existing District , with each landowner having cne ( 1 ) J vote for each acre or portion thereof of land which he cr she owns within the territory proposed to be annexed to the exi9ti.ng Community Facilities District . j BALLOT 6 9 . This legislative body hereby further directs that a ballot proposition relating to the levy of the auove referenced 7 special tax be prepared. This Resolution shall not consti- tute the notice of the election and the Resolution submitt- ing the special tax levy to the voters shall constitute the notice of the election relating to the authorization for ,13 the special tax levy. 10 NOTICE 10 . That the City Clerk is hereby ordered to certify to the passage of this Resolution. I2 i :L.3 MOVED , PASSED AND ADOPTED AT A RBCULAR HHETING OF SAID CITY COUNCIL duly held the I9th day of June, 1990. 14 ATTEST: Mayor 16 I'7 De y Cit Clem za CERTIFICATE 19 20 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 41 the date therein set forth. 22 ATTEST: 23 24 25 Deputy City Clerk 26 27 2f� 29 30 31 �2 CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 3 2 EXHIBIT "A- 3 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 4 The Resolution of Intention refers to Lhis Exhi_b LL for au exp- anation of the rate and apportionment of the special tax so ss to allow each landowner or resident within the proposed district to estimate the maximum annual amount that would be 6 required for payment. For particulars as to the rate and method of apportionment, see the following: 7 I i PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX S 3 Taxable property categories and initial maximum annual taxes are �s follows: ]_Q MAXIMUM ANNUAL TAX PROPERTY CATEGORY (FISCAL YEAR 1989-90� �y 1 I . RESIDENTIAL UNIT $96. 40 per dwelling unit 12 II . COMMERCIAL AND INDUSTRIAL $0. 05 per square foot per 13 year for developed area 14 R.ESIDENTIAL, COMMERCIAL AND INDUSTRIAL taxes shall be levied on all property upon the issuance of a building permit in the 1F1 fiscal year next following the issuance of the building permit . 16 ESCALATION OF TAX 17 The above authorized taxes for are for fiscal year 1989-90, and are subject to annual increases to reflect increases in the 16 Consumer Price Index. 19 TERM 2C The Final Land Use Residential Tax shall be levied as long as necessary to pay for additional services_ ?1 f DEFINITIONS 2u The "Consumer Price Index" shall be the Los Angeles/Riverside 2' Area - All Urban Consumer Price Index, published by the United Ztates Bureau of Labor Statistics , as said data is availahle 24 June 70th of each fiscal year. 25 "Developed Area " shall be that portion or the land to be ceveloped as measured from outside walls, excludin garage, 26 ccvered ways and overhangs, patdnc and a6Hitinns . 27 "Dwelling Unit-" shall mean any building and any mobilehome which is not immediately transportable or any portion thereof which 28 contains living facilities , including provisions for sleeping, eating, cooking and sanitation. 29 "Fiscal Year" shall be July 1 through June 34 of any year. 3G J1 For all particulars relating to implementation, further interpre- v2 taticn, 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 . f . t !