HomeMy WebLinkAboutReso 2000-456 RESOLUTION NO. 2000-456
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE
DISTRICT), MAK1NG CERTAIN DETERMINATIONS AND
AUTHORIZING THE SUBMITTAL OF THE LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS OF
CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT) AND IMPROVEMENT AREA
"A" THERETO
WHEREAS, the City Council has previously declared its intention and held and
conducted proceedings relating to the annexation of territory to an existing community facilities
district and an improvement area thereof pursuant to the terms and provisions of the "Mello-
Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the
Govemment Code of the State of California, and specifically Article 3.5 thereof (the "Act") and
the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers
reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of
the State of Califomia (the "Ordinance") (the Act and the Ordinance may be referred to
collectively as the "Community Facilities District Law"). The existing Community Facilities
District has been designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT) (the "District") and the improvement area has been designated as
IMPROVEMENT AREA "A" ("Improvement Area 'A"'); and
WHEREAS, notice of a public heating relating to the annexation of tenitory to the
District and Improvement Area "A", the extent of the territory to be annexed (the "Annexation
Area"), the fumishing of certain public services and all other related matters has been given; and
WHEREAS, it has now been determined that written protests have not been received by
50% or more of the registered voters residing either within the Annexation Area or the District
and/or property owners representing more than one-half (1/2) or more of the area of land within
the Annexed Area or within District; and
WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote
within the Annexation Area for each of the 90 preceding days, this legislative body desires to
submit the levy of the required special tax to the landowners of the Annexation Area, said
landowners being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS The above recitals are all true and correct.
SECTION 2. DETERMINATIONS It is determined by this City Council that:
A. All proceedings prior hereto were valid and taken in conformity with the
requirements of law, and specifically the provisions of the Community Facilities
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Page 2
District Law, and this finding is made pursuant to the provisions and authorization
of Section 53325.1 of the Government Code of the State of Califomia;
B. The annexation to the District and Improvement Area "A" as proposed conforms
with the City of Chula Vista Statement of Goals and Policies Regarding the
Establishment of Community Facilities Districts;
C. Less than twelve (12) registered voters have resided within the Annexation Area
for each of the ninety (90) days preceding the close of the public hearing and,
consequently, the qualified electors shall be the landowners of the Annexation
Area and each landowner who is the owner of record as of the close of the public
hearing, or the authorized representative thereof, shall have one vote for each acre
or portion of an acre of land that she or he owns within the Annexation Area;
D. The time limit specified by the Community Facilities District Law for conducting
an election to submit the levy of the special taxes to the qualified electors of the
Annexation Area and the requirements for impartial analysis and ballot arguments
have been waived with the unanimous consent of the qualified electors of the
Annexation Area;
E. The City Clerk, acting as the election official, has consented to conducting any
required election on a date which is less than 125 days following the adoption of
any resolution annexing the Annexation Area to the District; and
F. The public services proposed to be financed from the proceeds of special taxes to
be levied within the Annexation Area are necessary to meet increased demands
placed upon the City as a result of development and/or rehabilitation occurring in
the Annexation Area.
SECTION 3. BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land in
the Annexation Area and on which special taxes are proposed to be levied in order to pay the
costs and expenses for the public services described in Section 4 below are generally described
as follows:
All that property and territory proposed to be annexed to the District and
Improvement Area "A" thereof, as said property is shown on a map as previously
approved by this legislative body, said map entitled "Annexation Map No. 1 To
Community Facilities District No. 97-2 (Preserve Maintenance District), City Of
Chula Vista, County Of San Diego, State Of California" (the "Annexation Map"),
a copy of which is on file in the Office of the City Clerk and shall remain open for
public inspection.
SECTION 4. DESCRIPTION OF SERVICES The services that are authorized to be financed
from the proceeds of special taxes levied within Improvement Area "A" of the District are
certain services which are in addition to those services required for the territory within
Improvement Area "A" and will not be replacing services already available. A general
description of the services authorized to be financed by Improvement Area "A" is as follows:
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Page 3
The monitoring, maintenance, operation and management of public
property in which the City has a property interest and which
conforms to the requirements of the Ordinance or private property
within the Otay Ranch Preserve which is required by the Preserve
Owner/Manager to be maintained as open space or for habitat
maintenance or both. Such property may be located outside the
boundaries of the District and outside the jurisdictional boundaries
of the City of Chula Vista. Such services shall not include the
maintenance, operation and/or management of any property
owned, maintained, operated and/or managed by the federal and/or
state govemment as open space, habitat maintenance and/or for
any other purpose.
The District shall finance all direct, administrative and incidental annual costs and
expenses necessary to provide such monitoring, maintenance, operation and management of such
property.
The same types of services which are authorized to be financed by the District from the
proceeds of special taxes levied within Improvement Area "A" are the types of services proposed
to be financed from the special taxes proposed to be levied within the Annexation Area. If and to
the extent possible such services shall be provided in common with Improvement Area "A" and
the Annexation Area.
SECTION 5. SPECIAL TAX Except where funds are otherwise available and subject to the
approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for such
services required for the Annexation Area, secured by recordation of a continuing lien against all
non-exempt real property in the Annexation Area will be levied annually within the boundaries
of the Annexation Area. For particulars as to the rate and method of apportionment of the
proposed special tax, reference is made to the attached and incorporated Exhibit "A" which sets
forth in sufficient detail the method of apportionment to allow each landowner or resident within
the Annexation Area to clearly estimate the maximum amount of the special tax that such person
will have to pay.
The special taxes shall be collected in the same manner as ad valorem property taxes and
shall be subject to the same penalties, procedure, sale and lien priority in any case of
delinquency, as applicable for ad valorem taxes; however, as applicable, this City Council may,
by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any
special taxes that may not be collected on the County tax roll shall be collected through a direct
billing procedure by the Treasurer of the City of Chula Vista, acting for and on behalf of the
District.
SECTION 6. ELECTION The proposition related to the levy of the special tax shall be
submitted to the qualified electors of the Annexation Area, said electors being the landowners,
with each landowner having one (1) vote for each acre or portion thereof of land which he or she
owns within said annexed territory. The special election shall be held on the 19th day of
December, 2000, and said election shall be a special election to be conducted by the City Clerk
(hereina~er "Election Official"). If the proposition for the levy of the special tax receives the
approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may
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Page 4
be levied as provided for in this Resolution and the City Council may determine that the
Annexation Area is added to and part of the District and Improvement Area "A."
SECTION 7. BALLOT The ballot proposal to be submitted to the qualified voters at the
election shall generally be as follows:
PROPOSITION A
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2,
IMPROVEMENT AREA "A"
AUTHORIZATION FOR SPECIAL TAX LEVY
Shall Community Facilities District No. 97-2 (Preserve Maintenance District) of
the City of Chula Vista be authorized to levy special taxes within the territory
shown on "Annexation Map No. 1 To Community Facilities District No. 97-2
(Preserve Maintenance District), City Of Chula Vista, County Of San Diego, State
Of California" (the "Annexation Map") pursuant to the rate and method of
apportionment of special taxes (the "Special Tax Formula") set forth in
Resolution No. 2000-456 to finance authorized services and administrative
expenses and to fund and replenish a reserve fund, all as provided for in the
Special Tax Formula?
SECTION 9. VOTE The appropriate mark placed in the voting square after the word "YES"
shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in
the voting square aller the word "NO" in the manner as authorized, shall be counted against the
adoption of said proposition.
SECTION 10. ELECTION PROCEDURE The Election Official is hereby authorized to take
any and all steps necessary for the holding of said election. Said Election Official shall perform
and render all services and proceedings incidental to and connected with the conduct of said
election, and said services shall include, but not be limited to the following:
A. Prepare and furnish to the election officers necessary election supplies for the
conduct of the election.
B. Cause to be printed the requisite number of official ballots, tally sheets and other
necessary forms.
C. Furnish and address official ballots for the qualified electors of the Annexation
Area.
D. Cause the official ballots to be mailed and/or delivered, as required by law.
E. Receive the returns of the election.
F. Sort and assemble the election material and supplies in preparation for the
canvassing of the returns.
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G. Canvass the returns of the election.
H. Furnish a tabulation of the number of votes given in the election.
I. Make all arrangements and take the necessary steps to pay all costs of the election
incurred as a result of services performed for the District and pay costs and
expenses of all election officials.
J. Conduct and handle all other matters relating to the proceedings and conduct of
the election in the manner and form as required by law.
Presented by Approved as to form by
~ ~irector M. Kaheny (L~
ey
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Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of December, 2000, by the following vote:
AYES: Councilmembers: Davis, Rindone, Salas, and Horton
NAYS: Councilmemb ers: None
ABSENT: Councilmembers: Padilia
Shirley Horton~j~ayor
ATTEST:
Susan Bigelow, City Cl~r~
STATE OF CALIFORNIA ) -
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2000-456 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of December, 2000.
Executed this 12th day of December, 2000.
Susan Bigelow, CityC~le;~
R2000-456
Resolution 19110
Page 5
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
ANNUALTAX
A Special Tax shall be levied annually on each Parcel of land within the Preserve
Maintenance District, Community Facilities District No. 97-2 of the City of Chula Vista
(the "District'), and collected according to the Special Tax Liability determined by the
City of Chula Vista (the "City') through the application of the following procedures..'-',H
of the property within the District, unless otherwise exempted by law or the express
provisions of the rate and method of apportionment expressed below, shall be taxed to
the extent and in the manner provided below.
All Parce!s within the District are included within either Improvement Area A or
improvement Area B. A map of the Improvement areas is included as Exhibit B.
All Special Taxes applicable to Parce!s be collected in the same manner and st the
same time as ordinary ad vaiorem property taxes, and Special Taxes so levied will be
subject to the same penaIties and procedures, saIe and lien priority in case of
delinquency as is provided for ad vatorem taxes.
DEFINITIONS
Acre or Acreage means the area of a Parcel as shown on the latest maps of the
Assessor of the County of San Diego, or if the area of such Parcel is not shown on
such Assessods maps, the area as shown on a current recorded subdivision map,
parcel map, record of survey or other recorded document creating or describing the
Parcel. If the preceding maps are not availablel the area shall be determined by the
City Engineer.
Administrative Expenses means the direct and indirect expenses incurred by the City
in carrying out its duties with respect to the District (including, but not limited to, the
levy and collection of the special taxes) including the fees and expenses of its counsel,
any fees of the County related to the District or the collection of special taxes, an
allocable share of the salaries of City staff directly related thereto and a proportionate
amount of the City's general administrative overhead related thereto, any amounts paid
by the City from its general fund with respect to the District, and all other costs and
expenses of the City related to the District.
Building Square Foot or Square Footage means the square footage as shown on a
Parcel's building permit, excluding garages or other structures not used as living space.
City means the City of Chula Vista.
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Developed Parcel means Taxable Property for which a.foundation building permi~ or
other form of building permit has been issued as of March 1 of the preceding Fiscal
Year.
District means the Preserve Maintenance District Community Facilities District
No. 97-2 of the City of Chula Vista.
Final Map means a recorded Tract Map or Parcel Map.
Fiscal Year means the period starting on July 1 and ending the following June 30.
improvement Area means one of the two specific areas as shown in Exhibit B.
Maximum Special Tax ~eans the maximum special tax that can be levied within each
Improvement Area within CFD No. c~7-2 by the City Council in any Fiscal Year for each
Parcel of Taxable Prope~y.
Non-Residen~:ial Parcels shall include each Parcel within the District which is zone5
for other than Residential Uses by the City.
Non-Residential Uses shall include all Developed Parcels which are not zoned for
Residential Uses including commercial, industrial, and Community Public Facilities
(CPF).
Operating Fund means a fund that shall be maintained for each improvement Area
within the Distri~ for any Fiscal Year to pay for Resource Monitoring and/or Preserve
Operations and Maintenance activities and Administrative Expenses.
Operating Fund Balance means the amount of funds in the Operating Fund for each
Improvement Area at the end of the preceding Fiscal Year.
Operating Fund Requirement means for any Fiscal Year an amount for each
ImprOvement Area equal to the Resource Monitoring Fund Requirement and the
Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in
which Special Taxes are levied.
Parcel means any San Diego County Assessor's Parcel or portion thereof that is within
the boundaries of the District designated on a map of the San Diego County Assessor
and which has been assigned a discrete identifying number on the equalized tax rolls
of the County.
Preserve Operations and Maintenance means those activities defined in Part II A. of
the Special Tax Report dated July 1, 1998 for Community Facilities District No. 9%2 of
the City of Chula Vista.
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Preserve Operations and Maintenance Fund Requirement means for any Fieeel'
Year an amount equal to the budgeted costs'~or Preserve Operations and Maintenansa
plus a pro-rate share of the budgeted Administrative Expenses of the Dietrid for the
current Fiscal Year in which Special Taxes are levied.
Residential Parcels shall include each Parcel within the District which is zoned for
Residential Uses by the City,
Residential Uses shall include those residential uses as permitted in the City zoning
ordinance.
Reserve Fund means a fund that shall be maintained for each Improvement Area to
.provide necessary cash flow for the first six months of each Fiscal Year, working capital
to cover mandating, maintenance and repair cost overruns and delinquencies that may
arise in conn~.---tion with the collection of Special Taxes and a reasonable buffer against
large variations in annual special tax amounts.
Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of
the preceding Fiscal Year.
Reserve Fund Requirement means an ~mount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
Resource Monitoring Program means those activities defined in Pan II B. of the
Special Tax Report dated July 1, 1998 for Community Facilities District No. 9%2 of the
City of Chula Vista.
Resource Monitoring Fund Requirement means for any Fiscal Year an amount for
each Improvement Area equal to the Improvement Area's fair share of the budgeted
costs of the Resource Monitoring Program plus a pro rata share of the budgeted
Administrative Expenses of the District for the current Fiscal Year in wfiich Special
Taxes are levied. An Improvement Area's "fair share" shall be based upon the
Improvement Area's percentage of the total acreage within the Otay Ranch General
Development Plan Planning Area for which a Resource Ivlonitoring Program funding
mechanism has been established.
Special Tax means the special tax or special taxes actually levied within CFD No. 97-2
each Fiscal Year.
Special Tax Liability for any Fiscal Year is an amount sufficient to pay the costs of an
Improvement Area within the DiStrict equal to: (i) the Resource Monitoring Fund
.... Requirement, and Preserve Operations and Maintenance Fund Requirement, less the
Operating Fund Balance, and (ii) the Reserve Fund Requirement, less the Reserve
Fund Balance.
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Page 8
Tax Categories are those Categories I, II and Ill described in the body hereof. -.
Taxable Property is all real proper~y or Parcels within the boundaries of the Distrist
whish are not exempt from the Special Tax pursuant to the law or which are not
classified or assigned to the Exempt Category as defined heroin,
Cateeories of Saecial Taxes
Category 1
Category I includes each Developed Parcel within the District. (Category 1)
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 1998199 on each Developed Parcel
shall be at the rates set fSrth in Table 1 below. For Residential Parcels the Special Tax
shall be levied based upon Building Square Footage and for Non-Residential Parcels
shall be levied based on Acreage. The Maximum Special Tax shah be increased or
decreased each Fiscal Year therea~er by a factor which is the lesser of the annual
percentage change in the January to January San Diego lvletropolitan Area All Urban
Consumer Prise Index (All Items) or the annual percentage change in the estimated _.
Caiffornia Fourth Quarter Per Capita Personal income as contained in the Governor's
budget published every January.
TABLE 1
Maximum Special T~x
Category I
Resource Operation &
Monitorin~ Maintenance
Residential Parcels 80.0049 per sq. 6. S0.0078 per sq. ft.
Non-Residential Parcels $80.95 per Acre S128,53 per Acre
Category I[
Category II includes each Parcel of Taxable Properiy within the District for which a
Final Map has been recorded, but which is not classified as a Developed Parcel
(Category II).
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 1998199 on each Parcel In CatSgory II
shall be as shown in Table 2 below (said amount to be levied pro rata for any portion of
an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal '.'~'.,
Year thereafter by a factor which is the lesser of the annual percentage change in the
January to January San Diego Metropolitan Area All Urban Consumer Price Index (All
Items) or the annual percentage change in the est~"-ated California Fourth Quarter Per
Resolution 191 i0
Page 9
Capita Personal income as bontained in the GoveFnor's budget pubiished e~ery
January.
TABLE 2
Maximum Special Tax
Category 11
Resource Operation &
Monitoring Maintenance
·" S80.95 per Acre S128.53 per Acre
Category
Category 111 includes each Parcel of Taxable Property within the District not subject to a
Special Tax bnder any other category ("Category I]I").
T'ne Maximum Special Tax which may be levied for Fiscal Year i 998/99 on Taxabte
Property within Category III shall be as shown in Table 3 below (said amount to be
levied pro rata for any portion of an Acre). Said Maximum Special Tax shah be
increased or decreased each Fiscal Year thereafter by a factor which is the lesser of
the annual percentage change in the january to January San Diego Metropolitan Area
All Urban Consumer Price index (AH Items) or the annuaI percentage change in the
estimated California Fourth Quarter Per Capita Personal Income as contained in the
Govemor's budget published every January.
TABLE 3
Maximum Special Tax
Category III
Resource Operation &
Monitoring Maintenance
S51.21 per Acre. ~ S81.30 per Acre
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably offered
for dedication to a public agency, or land which is in the public right-of-way, unmanned
utility easements which make utilization for other than the purpose set forth in the
easement impractical. common areas, private streets and parks, and open space lots
("Exempt Category").
Assianment to Cateoories of Soecial Tax
On or about July 1 of each year, (but in any event in sufficient time to include the levy
of the Special Taxes on the County's secured tax roll), the City shall assign each Parcel
within the District to. Category l, Category II, Category III or the Exempt Category.
Resolution 19110
Page 10
Parcels subject to levy shall be determined Paced upon the records of the San Diego
County Assessor.
Low and ADaortionment of Smecial Taxes
The City shall determine the Special Tax Liability for each Improvement Area in each
Fiscal Year on or abo~ every July. 1. Special' Taxes shall then be levied on each
Parcel classified as the Category l, Category I/, or Category 11i in the following order of
priority:
improvement Area A
Step 1: Determine the revenue which could be generated by Parcels assigned to
Category I by m, ultiptying the Buiiding Square Footage for Parcels classified as
Residential ParEels by the Maximum Special Tax per Building Square Foot for
Resource Monitoring, and Preserve Operations and lvlaintenance for Parce!s
and adding to that the maximum revenue which could be generated by
multip}ying the totaI acres for Parce!s class~ed as Non-Residential Parce!s by
the Max]mum Special Tax per Acre for Resource Monitoring and Preserve
Operations and Maintenance.
Step 2: If the total revenue as calc,uiated in Step 1 is greater than the estimated
Special Tax Liability for Improvement Area A, reduce the Special Tax for each
Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal
to the Special Tax Liability for the Fiscat Year.
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liabiiity
for Improvement Area A, a Special Tax shall be levied upon each Parcel within
Improvement Area A, classified as Category 1I. The Special Tax for Parcels
assigned to Category 11 shall be calculated as the lessor of:
(i) The Special Tax Liability for Improvement Area A as determined by the
City, less the total revenue generated for all Parce!s under Step 1 above,
divided by the total Acres for all Parce!s within Improvement Area A
assigned to Category 1[,
OR'
(ii) the Maximum Special Tax rate for Parcels assigned to Category 11
Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax ....
Liability, for Improvement Area A, a Special Tax shall be levied upon each '
Parcel within Improvement Area A classified as Category Ill. The Special Tax
for Parcels assigned to CategoN If[ shall ba calculated as the lessor of:
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Page 11
(i) The Special Tax Liability for Improvement Area A as determined by t.he
City, less the total revenue generated for all Parcels under Step I and 3
above, divided by the total Acres for all Parcels within improvement Area A
assigned to Category III,
OR
(ii) the Maximui'n Special Tax rate for Parce!s assigned to Category III end
within improvemen~ Area A.
· . However, in the event it is determined that the Special Tax Liability for improvement
Area A includes delinquent Special Taxes from Parce!s in Category I11 from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if
any, that arose from the applicable owner(s) shah first be divided by the total Category
I11 Acres owned by such owner(s) and collasted from the app[icabie owner(s) with the
remaining portion of the Special Tax Liability not re~ated to delinquent Special Taxes to
be collected from all Parce!s in Category III according to the procedure set forth in the
preceding paragraph.
lmarovement Area B
Step 1: Determine the revenue which could be generated by Parcels assigned to
Improvement Area B for Resource Monitoring by multiplying the total Acres for
Parce!s.assigned to Category Ill by the Maximum Special Tax for Category Ill.
Step 2: If the total revenue as calculated in Step I is greater than the Special Tax
Liability for improvement Area B, reduce the Special Tax for each Parcel
proportionately so that the Special Tax levy for the Fiscal Year is equal to the
Special Tax Liability for Improvement Area B for the Fiscal Year.
Howe_vet, in the event it is determined that the Special Tax Li_ability for Improvement
Area B includes delinquent Special Taxes from Parcels in Category 111 from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such Parcels and identify the owner(s). The amount d delinquent Special Taxes, if
any, that arose from the applicable owner(s) shall first be divided by the total Category
111 Acres ovched by such owner(s) and collected from the applicable owner(s) with the
remaining portion of the Special Tax Liability not related to delinquent Special Taxes to
be collected from all Parcels in Category 111 according to the procedure set forth in the
Step 1 and Step 2 above.
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