HomeMy WebLinkAboutResolution - 3198 (3) STATE OF CALIFORNIA) RESOLUTION NO. 3198
COUNTY OF RIVERSIDE)
.,.., CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO DETERMINING THE NECESSITY FOR COMMUNITY
FACILITIES DISTRICT NO. 2008-1 (PARKSIDE) TO INCUR A BONDED
INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $3,500,000 FOR PROVIDING PUBLIC FACILITIES WITHIN
AND FOR THE COMMUNITY FACILITIES DISTRICT AND CALLING A
SPECIAL ELECTION FOR THE COMMUNITY FACILITIES DISTRICT
ON PROPOSITIONS FOR INCURRING SUCH BONDED
INDEBTEDNESS
WHEREAS, on June 19, 2008, 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. 3186
declaring the necessity for Community Facilities District No. 2008-1 (Parkside) of the
City of San Jacinto, County of Riverside, State of California (the "District"), to incur a
bonded indebtedness for the purposes of providing public facilities which are necessary
for the development of the property which will occur within the District; and
WHEREAS, notice of the hearing was published and mailed as required
by law, and on August 7, 2008, at the time and place of the hearing, as set forth in
Resolution No_ 3186, and the notice thereof, the City Council conducted the hearing and
afforded all persons interested, including persons owning property within the District, an
opportunity to be heard on the proposed authorization to incur bonded indebtedness,
and no protests were received; and
WHEREAS, on August 7, 2008, at the conclusion of the hearing, the City
Council adopted the resolution of formation pursuant to Section 53325.1 (a) of the
California Government Code (the "Resolution of Formation"), establishing the District;
and
WHEREAS, the City Council has determined that it is necessary for said
District to incur a bonded indebtedness to construct, acquire, fumish and equip the
public facilities; and
WHEREAS, in the Resolution of Formation, the City Council has, pursuant
to Section 53350 of the California Government Code established the District to finance
the acquisition, construction, furnishing and equipping of certain public facilities through
the levy of special taxes therein;
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WHEREAS, the City Clerk has advised the City Council that she has
received a statement from the Registrar of Voters of the County of Riverside that there
.� are no persons registered to vote in the territory of the District;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS:
Section 1. Necessi . The City Council of the City of San Jacinto determines
that it is necessary that a bonded indebtedness be incurred by and
for the District, in an amount not to exceed $3,500,000 within the
District, the establishment appropriations limit of $1,000,000 within
the District for the purpose of financing the acquisition,
construction, equipping and furnishing of the public facilities
described in the Resolution of Formation with respect to the
establishment of said District heretofore adopted by the City
Council.
Section 2. Payment of Bonded Indebtedness. Pursuant to Section 5 of the
Resolution of Formation, all parcels of taxable property within the
District shall be subject to the levy of special taxes to pay the
principal of and interest on the aggregate principal amount of the
bonds of the District which may be issued and sold to finance the
Facilities for the District.
Section 3. Amount of Debt: Terms of Bonds. The aggregate principal amount
of the bonded indebtedness to be incurred by the District shall not
exceed $3,500,000 within the District. 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 4. Prapasitions.
(a) The propositions to be submitted to the voters of the District
at such special elections shall be as follows:
Proposition A: Shall a bonded indebtedness in
an aggregate principal amount not to exceed
$3,500,000 be incurred by Community
Facilities District No. 2008-1 (Parkside) of the
City of San Jacinto, County of Riverside, State
of California (the "District"), 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
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purpose of financing for the acquisition,
construction, furnishing and equipping of public
facilities to be owned by the City of San
Jacinto, as provided in Exhibit °B" to the
resolution of formation adopted by the City
Council of the City of San Jacinto on August 7,
2008 (the "Resolution of Formation")?
Proposition B: Shall special taxes be levied
annually on taxable property within Community
Facilities District No. 2008-1 (Parkside) of the
City of San Jacinto, County of Riverside, State
of California, to pay the principal of and interest
on the bonds of the District which may be
issued and sold to finance the public facilities
described in Proposition A of this ballot, to
replenish the reserve fund for the bonds, or to
accumulate funds for future bond payments,
including any amount required by federal law to
he rebated to the United States with regard to
the bonds, to pay or accumulate funds for
paying the costs of the design, construction
and acquisition of such facilities, and to pay
expenses incidental thereto and to the levy and
collection of the special taxes, so long as the
special taxes are needed to pay the principal of
and interest on the bonds and for such other
purposes, at the special tax rates and pursuant
to the method of apportioning the special taxes
set forth in Exhibit "C to the Resolution of
Formation?
Proposition C: Shall an appropriations limit, as
defined by subdivision (h) of Section 8 of
Article XI11 B of the California Constitution, be
established for Community Facilities District
No_ 2008-1 (Parkside) of the City of San
Jacinto, County of Riverside, State of
California, in the amount of$1,000,000?
Section S. Election. The date of the special election with respect to the
incurring of the aforementioned bonded indebtedness, at which
time the propositions set forth in Section 4 hereof shall be
submitted to the voters of the District is August 7, 2008, and that
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special election is hereby called for that date. Pursuant to Section
53326 of the California Government Code, since at the time of the
close of the public hearing, and for at least the preceding 90 days,
less than 12 persons have been registered to vote within the
territory of the District, the vote in the special election will be by the
landowners of the District whose property would be subject to the
special taxes if they were levied at the time of the election, with
each landowner of record at the close of the public hearing having
one vote for each acre or portion of an acre of land that he or she
owns within the District, and the special election shall be conducted
by the City Clerk (the "City Clerk"). The special election shall be
consolidated with respect to the propositions regarding the levy of
special taxes for the payment of the principal of and interest on the
bonds of the District and establishing an appropriations limit for the
District which has also been called for August 7, 2008. The
consolidated special elections shall be conducted by the City Clerk
pursuant to applicable provisions of the California Elections Code
with respect to mail-ballot elections of cities and specifically
Division 4 (commencing with Section 4000) of that Code, insofar
as they may be applicable. Pursuant to Section 53326 of the
California Govemment Code, the official ballots shall be delivered
by the City Clerk to the qualified electors by personal service. The
voted official ballots shall be received by the City Cleric by 5 p.m. on
the date of the election; provided that if all qualified electors have
voted, the election shall be closed with the concurrence of the City
Clerk.
Section 6. Accountability Measures. Pursuant to Section 53410 of the
California Government Code, if the voters approve the propositions
contained in the official ballots for the consolidated special elections
with respect to the District incurring bonded indebtedness for the
purposes for which such indebtedness is to be incurred and bonds
of the District are to be issued (the "Bond Propositions"), the
incurring of such bonded indebtedness and the issuance of bonds
of the District shall be subject to the following accountability
measures:
(a) The Bond Propositions 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 Propositions;
(c) An account or accounts shall be created pursuant to the
fiscal agent agreement for such bonds into which the
proceeds of the sale of such bonds shall be deposited; and
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(d) The City Manager 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 Propositions, as set forth in the
Official Ballots attached hereto as Exhibit "A," identify the specific purposes for which
the District will incur bonded indebtedness and issue bonds.
SIGNED, APPROVED AND ADOPTED this 7th day of August, 2008, by
the following vote:
Ayes: Carlson, Mansperger, Potts, Stubblefield, Ayres
Nays: None
Abstain: None
Absent: None
CITY OF SAN JACINTO
By:
_ 41'41�
Ay s, Mayor
ATTEST:
T)x)G1,14 , d
Da othy L. Ch inard, City Clerk
APPROVED AS TO FORM:
J
C -Alfbffiey, City drSan Jacinto
Best, Best& Krieger LLP
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EXHIBIT "A"
CITY OF SAN JACINTO
COMMUNITIES FACILITIES DISTRICT NO. 2008-1
(PARKSIDF)
OFFICIAL BALLOT
CONSOLIDATED SPECIAL ELECTIONS FOR
COMMUNITY FACILITIES DISTRICT NO. 2008-1 (PARKSIDE)
OF THE CITY OF SAN JACINTO
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
August 7, 2008
To vote, mark a cross (+) in the voting square after the word "YES" or after
the word "NO". All marks otherwise made are forbidden,
if you wrongly mark, tear, or deface this ballot, return it to the City Clerk of
the City of San Jacinto and obtain another.
Proposition A: Shall a bonded indebtedness in an
aggregate principal amount not to exceed $3,500,000 be
r incurred by Community Facilities District No. 2008-1
(Parkside) of the City of San Jacinto, County of Riverside,
State of California (the "District"), for a maximum term of not YES
more than 40 years and with interest at a rate or rates not to
exceed the maximum interest rate permitted by law, for the NO
purpose of financing for the construction, acquisition,
furnishing and equipping of public facilities to be owned by
the City of San Jacinto, as provided in Exhibit "B" to the
resolution of formation adopted by the City Council of the
City of San Jacinto on August 7, 2008 (the "Resolution of
Formation")?
Page A-1
Proposition B. Shall special taxes be levied annually
on taxable property within Community Facilities District No.
2008-1 (Parkside) of the City of San Jacinto, County of
Riverside, State of California, to pay the principal of and
interest on the bonds of the District which may be issued and YES
sold to finance the public facilities described in Proposition A NO
of this ballot, to replenish the reserve fund for the bonds, or
to accumulate funds for future bond payments, including any
amount required by federal law to be rebated to the United
States with regard to the bonds, to pay or accumulate funds
for paying the costs of the design, construction and
acquisition of such facilities, and to pay expenses incidental
thereto and to the levy and collection of the special taxes, so
long as the special taxes are needed to pay the principal of
and interest on the bonds and for such other purposes, at
the special tax rates and pursuant to the method of
apportioning the special taxes set forth in Exhibit "C" to the
Resolution of Formation?
Proposition C: Shall an appropriations limit, as
defined by subdivision (h) of Section 8 of Article XIII B of the
California Constitution, be established for Community YES
Facilities District No. 2008-1 (Parkside) of the City of San NO
Jacinto, County of Riverside, State of California, in the
... amount of$1,000,000?
PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY
MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA.
Page A-2