HomeMy WebLinkAboutOrd 2019-3456ORDINANCE NO. 3456
ORDINANCE OF THE CITY OF CHULA VISTA ACTING AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 14M-2 (EASTERN URBAN
CENTER/MILLENIA), AUTHORIZING THE LEVY OF A
SPECIAL TAX IN SUCH COMMUNITY FACILITIES
DISTRICT
WHEREAS, the City Council of the City of Chula Vista, California (the “City Council”),
has initiated proceedings, held a public hearing, conducted an election and received a favorable
vote from the qualified electors authorizing the levy of special taxes in a community facilities
district, all as authorized 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 Government Code of
the State of California (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 California (the “Ordinance”) (the Act and
the Ordinance may be referred to collectively as the “Community Facilities District Law”). This
community facilities district shall hereinafter be referred to as Community Facilities District No.
14M-2 (Eastern Urban Center/Millenia) (“CFD No. 14M-2”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 14M-2 (EASTERN URBAN CENTER/MILLENIA), DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the
levy of special taxes on taxable properties located in CFD No. 14M-2 pursuant to the Rate and
Method of Apportionment of Special Taxes as set forth in Exhibit “A” attached hereto and
incorporated herein by this reference (the “Rate and Method”).
SECTION 2. This City Council, acting as the legislative body of CFD No. 14M-2, is
hereby further authorized, by resolution, to annually determine the special tax to be levied within
CFD No. 14M-2 for the then current tax year or future tax years; provided, however, the special
tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the
Rate and Method.
SECTION 3. The special taxes herein authorized to be levied, to the extent possible,
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; provided, however, CFD No. 14M-2 may utilize a direct billing procedure for any
special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect
the special taxes at a different time or in a different manner if necessary to meet its financial
obligations.
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SECTION 4. The special taxes authorized to be levied shall be secured by the lien
imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State
of California, which lien shall be a continuing lien and shall secure each levy of the special taxes.
The lien of the special taxes shall continue in force and effect until the special tax ceases to be
levied by the City Council in the manner provided in Section 53330.5 of said Government Code.
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be
published in a newspaper of general circulation in the City pursuant to the provisions of Chula
Vista’s City Charter, Section 312(b).
[SIGNATURES ON THE FOLLOWING PAGE]
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Ordinance No. 3456
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of May 2019, by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3456 had its first reading at a regular meeting held on the 7th day of May 2019
and its second reading and adoption at a regular meeting of said City Council held o n the 21st
day of May 2019; and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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Ordinance No. 3456
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EXHIBIT A
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 14M-2
(EASTERN URBAN CENTER/MILLENIA)
A Special Tax of Community Facilities District No. 14M-2 (Eastern Urban Center/Millenia)
(“CFD No. 14M-2”) of the City of Chula Vista shall be levied on all Taxable Property in CFD
No. 14M-2 and collected each Fiscal Year commencing in Fiscal Year 2019-2020 in an amount
determined through the application of the rate and method of apportionment of the Special Tax
set forth below. All such Taxable Property shall be taxed for the purposes, to the extent, and in
the manner herein provided. Taxable Property shall not be subject to the Special Taxes of CFD
No. 14M-2 until the lien of the special taxes of CFD No. 14M IA 1 (defined below) with respect
to such Taxable Property has been cancelled.
DEFINITIONS
The terms hereinafter set forth have the following meanings:
“‘A’ Map” shall mean a master final subdivision or parcel map, filed in accordance with the
Subdivision Map Act (California Government Code Section 66410 et seq.) and the Chula Vista
Municipal Code, which subdivides the land or a portion thereof shown on a tentative map into
“super block” lots corresponding to units or phasing of combination of units as shown on such
tentative map and which may further show open space lot dedications, backbone street
dedications and utility easements required to serve such “super block” lots.
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s
Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on
the applicable Final Subdivision Map, other final map, other parcel map, other condominium
plan, or functionally equivalent map or instrument recorded in the Office of the County
Recorder. In the event that parcel acreage information is not available from the sources
previously listed, San Diego County GIS data may be utilized. The square footage of an
Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Part 1, Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the actual or estimated costs incurred by the City, acting for
and on behalf of CFD No. 14M-2 as the administrator thereof, to determine, levy and collect the
Special Taxes within CFD No. 14M-2, including salaries and benefits of City employees and a
proportionate amount of the City’s general administrative overhead related thereto, and the fees
of consultants and legal counsel providing services related to the administration of CFD No.
14M-2; the costs of collecting installments of the Special Taxes within CFD No. 14M-2; and any
other costs required to administer CFD No. 14M-2 as determined by the City.
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“Apartment Property” means a Dwelling Unit within a building comprised of attached
residential Dwelling Units available for rental by the general public, not for sale to an end user,
and under common management, as determined by the CFD Administrator.
“Approved Property” means all Assessor’s Parcels of Taxable Property: (i) that are included in
an ‘A’ Map, excluding lettered lots thereon, or a Final Subdivision Map, excluding lettered lots
thereon, that were recorded prior to the March 1st preceding the Fiscal Year in which the Special
Tax is being levied, and (ii) that have not been issued a building permit prior to the March 1st
preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned
assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating
parcels by assessor’s parcel number.
“Attached Residential Property” means all Assessor’s Parcels of Developed Property for
which a building permit has been issued for a residential structure consisting of two or more
residential Dwelling Units that share common walls, including, but not limited to, duplexes,
triplexes, townhomes, and condominiums, as determined by the CFD Administrator.
“CFD Administrator” means an official of the City, or designee thereof, responsible for
determining the CFD No. 14M-2 Special Tax Requirement and providing for the levy and
collection of the Special Taxes.
“CFD No. 14M” means Community Facilities District No. 14M (Eastern Urban Center/Millenia
established by the City of Chula Vista under the Act and the CFD Ordinance.
“CFD No. 14M IA 1” means Improvement Area No. 1 of Community Facilities District No.
14M (Eastern Urban Center/Millenia) established by the City of Chula Vista under the Act and
the CFD Ordinance.
“CFD No. 14M IA 1 RMA” means the Rate and Method of Apportionment set forth in the
Notice of Special Tax Lien for CFD No. 14M IA 1 recorded in the Official Records of the San
Diego County Recorder on February 21, 2014, as Doc. #2014-0071300.
“CFD No. 14M IA 1 Special Tax Requirement” shall have the meaning given the term
“Improvement Area No. 1 Special Tax Requirement” in the CFD No. 14M IA 1 RMA.
“CFD No. 14M-2” means Community Facilities District No. 14M-2 (Eastern Urban
Center/Millenia) established by the City of Chula Vista under the Act and the CFD Ordinance.
“CFD No. 14M-2 Special Tax Requirement” means that amount calculated in Section D.
required in any Fiscal Year for CFD No. 14M-2 to: (i) pay the Operating Fund Requirement; (ii)
pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (iii) pay for reasonably anticipated delinquent Special Taxes within CFD No.
14M-2 based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less
(b) a credit for funds available to reduce the annual Special Tax levy, including the excess, if
any, in the Reserve Fund above the Reserve Fund Requirement and any amount remaining in the
Operating Fund that is available to pay the Operating Fund Requirement in such Fiscal Year.
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“CFD No. 14M-2 Boundary Map” means a recorded map of the CFD No. 14M-2 which
indicates the boundaries of the CFD No. 14M-2.
“CFD Ordinance” means the City of Chula Vista Community Facilities District Ordinance, as
originally enacted and as subsequently amended pursuant to the powers reserved by the City
under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California
“City” means the City of Chula Vista.
“City Clerk” means the City Clerk for the City of Chula Vista or his or her designee.
“City Manager” means the City Manager for the City of Chula Vista or his or her designee.
“Community Purpose Facility Property” or “CPF Property” means all Assessors’ Parcels
which are classified as community purpose facilities and meet the requirements of City of Chula
Vista Ordinance No. 2452.
“Council” means the City Council of the City of Chula Vista, acting as the legislative body of
the CFD No. 14M-2.
“County” means the County of San Diego, California.
“Detached Residential Property” means all Assessor’s Parcels of Developed Property for
which a building permit has been or may be issued for purposes of constructing a detached
Dwelling Unit on an Assessor’s Parcel. Such Residential Unit does not or will not share a
common wall with another residential Dwelling Unit, as determined by the CFD Administrator.
“Developed Property” means all Taxable Property for which a building permit was issued prior
to the March 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” means each separate residential dwelling unit that comprises an independent
facility separate from adjacent residential dwelling units.
“Final Subdivision Map” means a subdivision of property creating buildable lots by recordation
of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California
Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to
California Civil Code 4285, that creates individual lots for which building permits may be issued
without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which
the Special Tax is being levied.
“Fiscal Year” means the period starting July 1 and ending on the following June 30.
“Land Use Class” means any of the classes listed in Table 1.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with
Section C below, that may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable
Property.
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“Mixed-Use Property” means all Assessor’s Parcels that have been classified by the City to
allow both Residential Property and Non-Residential Property uses on each such Assessor’s
Parcel. For an Assessor’s Parcel of Mixed-Use Property, only the Residential Land Use Class
thereon is subject to taxation pursuant to the provisions of Section C.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a
building permit(s) has been issued for a structure or structures for non-residential use.
“Operating Fund” means a fund that shall be maintained by the City for CFD No. 14M-2 for
each Fiscal Year to pay for the authorized maintenance services as described in CFD No. 14M-2
special tax report and Administrative Expenses.
“Operating Fund Requirement” means, for any Fiscal Year, an amount equal to the budgeted
costs for CFD No. 14M-2. The budgeted costs for CFD No. 14M-2 shall equal the budget costs
of park maintenance, landscape maintenance, street frontage maintenance, bio-retention
maintenance, storm water maintenance, and the maintenance, repair and replacement of the
facilities and improvements, which have been accepted and or maintained by the City during the
current Fiscal Year; plus the budgeted Administrative Expenses for the current Fiscal Year in
which Special Taxes are levied.
“Overall Special Tax Requirement” means that amount required in any Fiscal Year to be
included in the CFD No. 14M-2 Special Tax Requirement and the CFD No. 14M IA 1 Special
Tax Requirement as determined in Section D.
“Property Owner Association Property” means any property within the CFD No. 14M-2
boundaries that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the
County Recorder to, a property owner association, including any master or sub-association.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the
Maximum Special Tax is equal for all Assessor’s Parcels of Taxable Property within each Land
Use Class.
“Public Property” means any property within CFD No. 14M-2 boundaries that has provided
proof to the City prior to March 1st preceding the Fiscal Year in which the Special Tax is being
levied, that it is expected to be used for any public purpose and is owned by or dedicated to the
federal government, the State, the County, the City or any other public agency.
“Reserve Fund” means a fund that shall be maintained for CFD No. 14M-2 for each Fiscal Year
to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes within CFD No. 14M-2 and a reasonable buffer to prevent large variations in
annual Special Tax levies within CFD No. 14M-2.
“Reserve Fund Requirement” means an amount equal to up to 100% of the CFD No. 14M-2
Operating Fund Requirement for any Fiscal Year.
“Residential Property” means all Assessor’s Parcels of Developed Property classified as
Apartment Property, Attached Residential Property, or Detached Residential Property for which
a building permit(s) has been issued for purposes of constructing one or more residential
Dwelling Units.
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“Special Tax” means the Special Tax levied pursuant to the provisions of sections D and E
below in each Fiscal Year on each Assessor’s Parcel of Developed Property, Approved Property,
and Undeveloped Property in CFD No. 14M-2 to fund the CFD No. 14M-2 Special Tax
Requirement.
“State” means the State of California.
“Taxable CPF Property” means all CPF Property which is not exempt from the Special Tax
pursuant to Section F below.
“Taxable Property” means, all of the Assessor’s Parcels within the boundaries of CFD No.
14M-2 that are not exempt from the Special Tax pursuant to law or as defined below under Tax -
Exempt Property.
“Taxable Property Owner Association Property” means all Property Owner Association
Property which is not exempt from the Special Tax pursuant to Section F below.
“Tax-Exempt Property” means an Assessor’s Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property
excluding Taxable Property Owner Association Property, or (iii) Assessor’s Parcels of Taxable
CPF Property that is owned by a non-profit organization and has provided proof to the City prior
to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the
organization’s non-profit status, or (iv) Assessor’s Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as
Developed Property, Approved Property, Taxable Property Owner Association Property, or
Taxable CPF Property.
ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, each Assessor’s Parcel within CFD No. 14M-2
shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel
of Taxable Property shall be further classified as Developed Property, Approved Property,
Undeveloped Property, Taxable Property Owner Association Property, and Taxable CPF
Property.
Each Assessor’s Parcel classified as Developed Property shall be further assigned to a Land Use
Class as specified in Table 1. The Land Use Class of each Assessor’s Parcel of Residential
Property or Mixed-Use Property shall be determined based on the records of the San Diego
County Assessor, or other such information provided by the City.
Taxable Property Owner Association Property and Taxable CPF Property shall be taxed as Non-
Residential Property when any such Assessor’s Parcel is classified as Developed Property. If
any such Assessor’s Parcel is undeveloped, it shall be classified as Undeveloped Property.
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MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY
Land Use
Class Description
Maximum
Special Tax (FY 2018/19)
1 Apartment Property $206.82 per Dwelling Unit
2 Attached Residential Property $275.76 per Dwelling Unit
3 Detached Residential Property $344.70 per Dwelling Unit
4 Non-Residential Property $1,377.71 per Acre
Mixed-Use Property Land Use Classes
The Maximum Special Tax that may be levied on Mixed Use Property Assessor’s Parcel shall
only be levied on the Residential Property Land Use Class(es) located on that Assessor Parcel(s).
Sample Maximum Special Tax Calculation for Mixed Use Property
Under the proposed example, assume that Assessor’s Parcel Number 1 is classified as a Mixed-
Use Property. Assessor’s Parcel Number 1 is a 2 Acre parcel that contains Non-Residential
Property consisting of 10,000 square feet of retail shops and Apartment Property consisting of 10
residential Dwelling Units. The following table shows what the expected annual Maximum
Special Tax would be for Assessor’s Parcel Number 1.
Assessor
Parcel
No.
Parcel
Acreage
No. of
Residential
Dwelling
Units
Non-Residential
Property
Maximum
Special Tax
Residential
Property
Maximum
Special Tax
Total Annual
Maximum
Special Tax(1)
1 2.00 10 $0.00 $2,068.20 $2,068.20
(1) The Maximum Special Tax is based upon the initial Maximum Special Tax rates as defined in Table 1.
2. Approved Property and Undeveloped Property
The Maximum Special Tax for Approved Property and Undeveloped Property shall be $4,359.00
per Acre.
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Annual Escalation of Maximum Special Tax
On each July 1, commencing on July 1, 2019, the Maximum Special Tax for CFD No. 14M -2 as
shown in Tables 1 above that may be levied on each Assessor’s Parcel of Taxable Property in
CFD No. 14M-2 shall be adjusted by a factor equal to the greater of, the positive percentage
change in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) for the
twelve-month period ending June 1 of the prior Fiscal Year or 0%, provided the Maximum
Special Tax shall never be less than the amounts shown in Table 1.
CALCULATION OF OVERALL SPECIAL TAX REQUIREMENT
PROPORTIONALITY
Each Fiscal Year, an Overall Special Tax Requirement for CFD No. 14M -2 and CFD No. 14M
IA 1 shall be calculated initially as the same amount as the CFD No. 14M IA 1 Special Tax
Requirement would have been calculated prior to the creation of CFD No. 14M-2.
Then, for purposes of the levy of Special Taxes within CFD No. 14M-2, the amount of the CFD
No. 14M-2 Special Tax Requirement shall be an amount equal to the Overall Special Tax
Requirement less the amount of the levy of special taxes in CFD No. 14M IA 1 on Developed
Property at 100% of the Maximum Special Tax (as such terms are defined in the CFD No. 14M
IA 1 RMA).
If the amount of Developed Property Maximum Special Taxes that can be collected in that Fiscal
Year within CFD No. 14M-2 exceeds the CFD No. 14M-2 Special Tax Requirement, then the
levy on Developed Property in both CFD No. 14M IA 1 and CFD No. 14M -2 shall be reduced
Proportionately to the amount required to fund the Overall Special Tax Requirement.
If the amount of Developed Property Maximum Special Taxes that can be collected in that Fiscal
Year within CFD No. 14M-2 is less than the CFD No. 14M-2 Special Tax Requirement, then all
Approved Property in both CFD No. 14M IA 1 and CFD No. 14M-2 shall be taxed
Proportionately, up to 100% of the applicable Maximum Special Tax, as necessary to satisfy the
Overall Special Tax Requirement, and the CFD No. 14M-2 Special Tax Requirement shall
include such amount to be levied on Approved Property in CFD No. 14M-2.
If the combined amount of Developed Property and Approved Property Special Taxes that can be
collected in that Fiscal Year within both CFD No. 14M IA 1 and CFD No. 14M-2 is less than the
Overall Special Tax Requirement, then all Undeveloped Property in both CFD No. 14M IA 1
and CFD No. 14M-2 shall be taxed Proportionately, up to 100% of the Maximum Special Tax, as
necessary to satisfy the Overall Special Tax Requirement, and the CFD No. 14M -2 Special Tax
Requirement shall include such amount to be levied on Undeveloped Property in CFD No.
14M-2.
If the combined amount of Developed Property, Approved Property, and Undeveloped Property
Special Taxes that can be collected in that Fiscal Year within both CFD No. 14M IA 1 and CFD
No. 14M-2 is less than the Overall Special Tax Requirement, then all Taxable Property Owner
Association Property and Taxable CPF Property in both CFD No. 14M IA 1 and CFD No. 1 4M-
2 shall be taxed Proportionately, up to 100% of the Maximum Special Tax, as necessary to
satisfy the Overall Special Tax Requirement, and the CFD No. 14M-2 Special Tax Requirement
shall include such amount to be levied on all Taxable Property Owner Asso ciation Property and
Taxable CPF Property in CFD No. 14M-2.
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METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR CFD No. 14M-2
Commencing with Fiscal Year 2019-2020, and for each following Fiscal Year, the Council shall
levy the Special Tax in CFD No. 14M-2 at the rates established pursuant to steps 1 through 4
below so that the amount of the Special Tax levied equals the CFD No. 14M-2 Special Tax
Requirement as determined in Section D above. The Special Tax shall be levied each Fiscal
Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed
Property up to 100% of the applicable Maximum Special Tax for Developed Property;
Second: If additional monies are needed to satisfy the CFD No. 14M-2 Special Tax Requirement
after the first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax for
Approved Property;
Third: If additional monies are needed to satisfy the CFD No. 14M-2 Special Tax Requirement
after the first two steps have been completed, the Special Tax shall be levied Proportionately on
each Assessor’s Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for
Undeveloped Property;
Fourth: If additional moneys are needed to satisfy the CFD No. 14M-2 Special Tax Requirement
after the first three steps have been completed, the Special Tax shall be levied Proportionately on
each Assessor’s Parcel of Taxable Property Owner Association Property and Taxable CPF
Property, at up to 100% of the Maximum Special Tax for Taxable Property Owner Association
Property or Taxable CPF Property, as applicable.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor’s Parcel of Apartment Residential Property, Attached Residential Property, or Detached
Residential Property for which an occupancy permit for private residential use has been issued be
increased by more than ten percent annually up to the Maximum Special Tax as a consequence
of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 14M-2.
EXEMPTIONS
The CFD Administrator shall classify as Tax-Exempt Property (i) Assessor’s Parcels defined as
Public Property, (ii) Assessor’s Parcels defined as CPF Property that are owned by a non-profit
organization which provides proof to the City prior to March 1st preceding the Fiscal Year in
which the Special Tax is being levied of the organization’s non-profit status, and (iii) Assessor’s
Parcels with public or utility easements making impractical their utilization for other than the
purposes set forth in the easement.
The CFD Administrator shall classify as Tax-Exempt Property within CFD No. 14M-2 those
Assessor’s Parcels defined as Property Owner’s Association Property or CPF Property provided
that no such classification would reduce the sum of all Taxable Property within CFD No. 14M -2
to less than 80.06 Acres. Assessor’s Parcels defined as Property Owner Association Property
and CPF Property that cannot be classified as Tax-Exempt Property will be classified as Taxable
Property Owner Association Property or Taxable CPF Property and shall be taxed as part of the
fourth step in Section D.
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The CFD Administrator will assign tax-exempt status in the chronological order in which
property becomes exempt Public Property or CPF Property or Tax -Exempt Property Owner
Association Property. However, should an Assessor’s Parcel no longer be classified as Public
Property or CPF Property or Tax-Exempt Property Owner Association Property, its tax-exempt
status will be revoked.
Taxable Property Owner Association Property and Taxable CPF Property that is not exempt
from the Special Tax under this section shall be subject to the levy of the Special Tax and shall
be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the
applicable Maximum Special Tax for Taxable Property Owner Association Property and Taxable
CPF Property.
APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of the Special
Tax levied on their Assessor’s Parcel is in error shall first consult with the CFD Administrator
regarding such error. If following such consultation, the CFD Administrator determines that an
error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on
such Assessor’s Parcel. If following such consultation and action, if any by the CFD
Administrator, the landowner or resident believes such error still exists; such person may file a
written notice with the City Clerk of the City appealing the amount of the Special Tax levied on
such Assessor’s Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy
of such notice to the City Manager who shall establish as part of the proceedings and
administration of CFD No. 14M-2, a special three-member committee (the “Review/Appeal
Committee”). The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to the annual
administration of the Special Tax and any landowner or resident appeals, as herein specified.
The decision of the Review/Appeal Committee shall be final and binding as to all persons.
MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at
the same time as ordinary ad valorem property taxes; provided, however, that the CFD
Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or
in a different manner if necessary to meet the financial obligations of CFD No. 14M-2 or as
otherwise determined appropriate by the CFD Administrator.
TERM OF SPECIAL TAX
Taxable Property of CFD No. 14M-2 shall remain subject to the Special Tax in perpetuity or
until the Council takes appropriate actions to terminate the Special Tax pursuant to the Act and
the CFD Ordinance.
DocuSign Envelope ID: 1D668422-3666-4CE8-9377-4DD251FA3F8D