The URL can be used to link to this page

Home My WebLink About91-02829033-22 JHHW:PJT:slc 01/23/91 J8528 03/13/91 03/18/91 343 RESOLUTION NO. 91- ~o A RESOLUTION OF FORMATION OF COMMUNITY FACH.ITIES DISTRICT NO. 1 (FIRE FACH.ITIES AND SERVICES) OF THE CITY OF SANTA ANA, AUTHO]~IZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISI~NG AN APPROPRIATIONS I.IMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISItMENT OF ~ APPROPRIATIONS LIMIT TO ~ QUALIFIED EI.ECTORS OF THE DISTRICT Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Ana WHEREAS, on March 4, 1991, this City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the City of Santa Aha Special Tax Financing Improvement Code" (the "Resolution of Intention"), stating its intention to form Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Aha (the "District"), pursuant to the City of Santa Aha Special Tax Financing Improvement Code, enacted by Ordinance No. NS-2033 of the City adopted on November 20, 1989 (the "Act"); and WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and stating the facilities to be financed, and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on bonds proposed to be issued with respect to the District, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on this date, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the District; and WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the formation and extent of the District, the facilities and services to be provided thereby and the levy of said special tax were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this City Council on said matters before it, including a report by the Fire Chief (the "Report") as to the facilities and services to be provided through the District and the costs thereof, a copy of which is on file with the City Clerk, and this City Council at the conclusion of said hearing was fully advised with respect to the premises; and RESOLUTION 91-028 WHEREAS, written protests with respect to the formation of the District, the furnishing of specified types of facilities and services and the rate and method of apportionment of the special taxes have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied in the District to pay for the proposed facilities and services to be provided thereby, as set forth in Exhibit B to the Resolution of Intention, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one- half (1/2) or more of the area of land within the District and not exempt from the special tax. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The foregoing recitals are true and correct. 2. The proposed special tax to be levied within the District has not been precluded by m~jority protest pursuant to Section 20-26 of the Act. 3. All prior proceedings taken by this City Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act. 4. The community facilities district designated "Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Aha" is hereby established pursuant to the Act. 5. The boundaries of the District, as set forth in the first amended proposed boundary map of the District heretofore recorded in the Orange County Recerder's Office in Book 5~ at Page~-140f Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference and shall be the boundaries of the District. The City Council hereby acknowledges that the aforementioned first amended proposed boundary map of the District differs from that initially approved by the Resolution of Intention in that it does not include within the boundaries of the District parcels owned by the Redevelopment Agency of the City of Santa Ana (the "Agency"). The City Council hereby expressly approves the deletion from the map of the parcels owned by the Agency, in light of the failure by the Agency to make the findings contained in Section 20-15 of the Act with respect to such parcels. It is acknowledged by the City Council that said first amended map of the District also differs from the map of the District previously recorded with the County Recorder (and referenced on the face of the first amended proposed boundary map), in that it includes a parcel that was unintentionally deleted at the time the Agency parcels were removed from the map. 6. The type of public facilities (the ~Facilities") and the type of services (the "Services") proposed to be financed by the District and pursuant to the Act shall consist of -2- RESOLUTION 91-028 347 those items listed as facilities and services, respectively, on Exhibit A attached to the Resolution of Intention. 7. Except to the extent that funds are otherwise available to the District to pay for the Facilities, the Services and/or the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in the District, is intended to be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the probable maximum amount such owner will have to pay, are described in Exhibit B attached to the Resolution of Intention. The City Council expressly acknowledges that the special taxes to be levied in the District are intended to supplant and supercede the Fire Facilities Fee imposed under Section 8-46 of the Santa Aha Municipal Code. Accordingly, upon the approval of the levy of the special taxes and the establishment of the appropriations limit for the District (referenced in paragraph 10 below) by the requisite qualified electors of the District, and the levy of the special taxes in the District by the City Council in accordance with the approved rate and method of apportionment for the District, the appropriate officers of the City are hereby directed to (a) refund to any owner of a parcel within the District any Fire Facilities Fees paid by such owner under Section 8-46 of the Santa Ana Municipal Code, said refunds to occur on or about the date on which the City issues bonds payable from the proceeds of the special taxes, and (b) relieve all owners of parcels within the District, including the owners of any parcels later annexed to the District, of any obligation to pay such Fire Facilities Fees in the future. 8. The Executive Director of Finance and Management Services of the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702, telephone number (714) 647-5400, is the officer for the City which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 20-55 of the Act. 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing hen to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases. 10. In accordance with Section 20-32 of the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at $4,000,000 and said appropriations limit shall be submitted to the voters of the District as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable previsions of Section 20-32 of the Act. 11. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above -3- RESOLUTION 91-028 349 shall be submitted to the qualified electors of the District at an election, the time, place and conditions of which shall be as specified by a separate resolution of this City Council. ADOPTED this 1st day of April ATTEST: COUNCILMEMBERS: Young A¥~ Pulido Acosta A¥~ Griset Ave McGuigan A¥~ Norton Ave Richardson Ave , 199 1 · Daniel H. Youn~ Mayor v ~ APPROVED AS TO FORM: City Attorney CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, attached Resolution 91-028 adopted by the city Council Clerk of the Council, do hereby certify the to be the original resolution of the City of Santa Ana 'on ~/lerk of the Coukci ,~Da~fe City of Santa Ana ~6 B CITY OF SANTA ANA COUNTY OF ORANGE STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 1 (FIRE FACILITIES AND SERVICES) FIRST AMENDED PROPOSED BOUNDARY MAP SCALE IN FEET 352 ~ ~ SHEET 2 OF 7 SH[ETS COMMUNITY FACILITIES DISTRICT NO. 1 (FIRE FACILITIES~AND SERVICES) SHEET 5 OF 7 SHEETS COMMUNITY FACILITIES DISTRICT NO. 1 (FIRE FACILITIES AND SERVICES) LEGEND: 354 ~ . SHEET 4 OF 7 SHEETS COMMUNITY FACILITIES DISTRICT NO. (FIRE FACILITIES~ AND SERVICES) LEGEND: INDICATE~ COMMUNITf FACILII[IE$ OISTRICT BOUNDARy SCALE IN FEET 1 355 SHEET $ OF 7 SHEE~S COMMUNITY FACILITIES DISTRICT NO. 1 (FIRE FACILITIES AND SERVICES) LEGEND: SCALE iN FEN 356 ~ . SHEET 0 OF 7 SHEEI$ COMMUNITY FACILITIES DISTRICT NO. (FIRE FACILITIES AND SERVICES) LEGEND: 1 SHEET 7 OF 7 SHEETS COMMUNITY FACILITIES DISTRICT NO. 1 (FIRE FACILITIES AND SERVICES) LEGEND: ~ ,~ ,~ ~ INDICATES COMMUNU~ FACILITIES DISIRICT BOUNDARY SCALE IN FEET