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HomeMy WebLinkAboutResolution - 3877RESOLUTION NO. 3877 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 61 WHEREAS, the City Council (the “Council”) of the City of San Jacinto (the “City”) has previously conducted proceedings to establish Community Facilities District No. 2003-1 (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, the Council has received a petition (including waivers) from the landowner requesting that it annex into the CFD under the Act, to provide for the costs of services, and the Council now desires to commence proceedings to annex territory into the CFD as described herein; and WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex territory to the CFD. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: SECTION 1. This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD. SECTION 2. The name of the existing CFD is “City of San Jacinto Community Facilities District No. 2003-1.” SECTION 3. A general description of the territory included in the existing CFD is hereinafter described as follows: All that property and territory as originally included in the existing CFD heretofore recorded as Instrument No. 2003-995886 in the office of the County Recorder for the County of Riverside on December 22, 2003 in Book 55 at Page 58-59 of Maps of Assessments and Community Facilities Districts, to which map reference is hereby made, and as such map was amended as a result of prior annexations. DocuSign Envelope ID: B1EE6B12-E725-4EAA-905A-727B7FD601FA A description of the boundaries and territory proposed to be annexed is as follows: All that territory proposed to be annexed to the CFD is as shown on the Annexation Map for Annexation No. 61 to the CFD, on file with the City Clerk, the boundaries of which territory are hereby preliminary approved and to which map reference is hereby made for further particulars. The area proposed to be annexed to the CFD is as shown on the Annexation Map identified in Exhibit A. The City Clerk is hereby directed to cause to be recorded such Annexation Map, showing the territory to be annexed, in the office of the County Recorder of the County of Riverside within fifteen days of the date of adoption of this resolution. SECTION 4. The type of services financed by the CFD and pursuant to the Act shall consist of those services described as follows: (a) police protection services, including but not limited to, criminal justice services, and (b) fire protection and suppression services. It is presently intended that the services will be provided, without preference or priority, to the existing territory in the CFD and the territory proposed to be annexed to the CFD. SECTION 5. Except to the extent that funds are otherwise available to the CFD to pay for the services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD (including the property to be annexed thereto), is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Council shall determine including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B to this Resolution of Intention. SECTION 6. The special tax proposed to be levied for services to be supplied within the territory proposed to be annexed will be equal to the special taxes levied to pay for the same services in the CFD, except that a higher or lower special tax may be levied within the territory proposed to be annexed to the extent that the actual cost of providing the services in that territory is higher or lower than the cost of providing those services in the CFD. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the CFD Rate and Method in Exhibit B. SECTION 7. Notice is given that on Tuesday, October 5, 2021, at 6:30 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Council at the City of San Jacinto, Community Center, 625 S. Pico Avenue, San Jacinto, California, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD, and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of said special tax therein. SECTION 8. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD, including the area to be annexed to the CFD. The publication of the notice shall be completed at least seven days before the date herein set for said hearing. The DocuSign Envelope ID: B1EE6B12-E725-4EAA-905A-727B7FD601FA City Clerk may also cause a copy of such notice to be mailed to the register ed voters and land owners within the territory proposed to annexed, which shall be mailed at least fifteen days before the date of said hearing. The notice shall be substantially in the form of Exhibit C hereto. SECTION 9. This Resolution shall take effect upon its adoption. PASSED, APPROVED, and ADOPTED this 17th day of August 2021 by the following vote: AYES: Ruiz, Ayala, Hawkins, Ledezma NAYS: None ABSENT: Lopez ABSTAIN: None City of San Jacinto ________________________________ Alonso Ledezma, Mayor ATTEST: Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP __________________________ Michael J. Maurer, City Attorney DocuSign Envelope ID: B1EE6B12-E725-4EAA-905A-727B7FD601FA CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF SAN JACINTO ) I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3877 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 17th day of August, 2021. AYES: Ruiz, Ayala, Hawkins, Ledezma NAYS: None ABSENT: Lopez ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL this 17th day of August, 2021. ________________________________ Julia Espinoza, Deputy City Clerk City of San Jacinto DocuSign Envelope ID: B1EE6B12-E725-4EAA-905A-727B7FD601FA EXHIBIT A City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 61 ANNEXATION MAP DocuSign Envelope ID: B1EE6B12-E725-4EAA-905A-727B7FD601FA EXHIBIT B City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 61 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX DocuSign Envelope ID: B1EE6B12-E725-4EAA-905A-727B7FD601FA EXHIBIT C City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 61 NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of San Jacinto will conduct a public hearing on Tuesday October 5, 2021, at 6:30 p.m. or as soon thereafter as the matter may be heard, in the Community Center located at 625 S. Pico Avenue, San Jacinto, California, to consider the following: City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 61 On August 17, 2021, the City Council of San Jacinto adopted a Resolution entitled “A Resolution of the City Council of San Jacinto Declaring Its Intention to Annex Territory into Community Facilities District No. 2003-1 and to Authorize the Levy of Special Taxes therein” (the “Resolution of Intention”), all as provided in the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq., California Government Code) (the “Act”). Reference is hereby made to the Resolution of Intention on file in the office of the City Clerk of the City of San Jacinto for further particulars. The following is a summary of the provisions of the Resolution of Intention. In the Resolution of Intention, the City Council declared its intention to annex territory into Community Facilities District No. 2003-1 (the “CFD”). The area proposed to be annexed to the CFD is as shown on the Annexation Map, on file with the City Clerk, and identified in Exhibit A of the Resolution of Intention. The type of services financed by the CFD and pursuant to the Act shall consist of those services described as follows: (a) police protection services, including but not limited to, criminal justice services, and (b) fire protection and suppression services. It is presently intended that the services will be provided, without preference or priority, to the existing territory in the CFD and the territory proposed to be annexed to the CFD. The Resolution of Intention provides that the special taxes heretofore caused to be levied in the CFD shall be levied in the territory proposed to be annexed, subject to public hearing and owner consent proceedings as specified in the Act. At the hearing, the testimony of all interested persons for or against the annexation of territory or future annexation of territory to the CFD or the levying special taxes within the territory proposed to be annexed or proposed to be annexed in the future will be heard. Any person interested may file a protest in writing with the City Clerk. Deputy City Clerk City of San Jacinto DocuSign Envelope ID: B1EE6B12-E725-4EAA-905A-727B7FD601FA