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HomeMy WebLinkAboutReso 2004-258 RESOLUTION NO. 2004-258 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT (CFD) NO. Il-M (ROLLING HILLS RANCH) AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN THE CFD TO THE QUALIFIED ELECTORS THEREOF WHEREAS, a public hearing has been held and concluded, and the City Council of the City of ChuIa Vista, California (the "City Council"), now desires to proceed with the establishment of a Community Facilities District, pursuant to the tenns and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I, 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"). Such Commuruty Facilities District shall hereinafter be referred to as Community Facilities District No. II-M (Rolling Hills Ranch) (the "District"); and WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the financing of certain types of services and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish such District; and WHEREAS, all commurucations relating to the establishment of the District, the proposed services and the rates and methods of apportionment of the special tax proposed to be levied within the District have been presented, and it has further been detennined that a majority protest as defmed by law has not been received against these proceedings or the levy of the special tax within the District; and WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing within the territory of the District for at least the preceding ninety (90) days, the authorization to levy special taxes within the District shall be submitted to the landowners of the District, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION I. Recitals. The above recitals are all true and correct. SECTION 2. Detenninations. It is hereby detennined by this City Council that: A. All prior proceedings pertaining to the fonnation of the District were valid and taken in confonnity with the requirements of the law, and specifically the provisions of the Community Facilities District Law, and that this finding and detennination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Community Facilities District Law Resolution 2004-258 Page 2 and, therefore, the special tax proposed to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. C. The District as proposed confonns with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts (the "Goals and Policies"), as amended. D. Less than twelve (12) registered voters have resided within the territory of within the District for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of the District shall be the landowners of the District as such tenn is defined in Government Code Section 53317(f) and each such 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 District. E. 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 District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the District. F. 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 fonning and establishing the District. SECTION 3. Community Facilities District Report. The Community Facilities District Report, as now submitted, shall stand as the Commuruty Facilities District Report for all future proceedings and all tenns and contents are approved as set forth therein. SECTION 4. Name of District. This legislative body does hereby establish and declare the fonnation of the Commuruty Facilities District known and designated as "Community Facilities District No. II-M (Rolling Hills Ranch)." SECTION 5. Boundaries of the District. The boundaries of the District are generally described as follows: All property within the boundaries of Community Facilities District No. II-M (Rolling Hills Ranch), as shown on a boundary map as previously approved by this legislative body, such map designated by the name of this Community Facilities District, a copy of which is on file in the Office of the City Clerk. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the County Recorder of the County of San Diego, at Page 39 of Book 38 of the Book of Maps of Assessment and Commuruty Facilities Districts for such County. SECTION 6. Description of Services. It is the intention of this City Council to finance certain services that are in addition to those provided in or required for the territory within the District and will not be replacing services already available. A general description of the services to be provided is listed on Exhibit "A" hereof. Any services listed in Exhibit "A" requiring maintenance shall include, but not be limited to, the provision of all labor, material, administration, personnel, equipment and utilities Resolution 2004-258 Page 3 necessary to maintain such habitat conservation areas and such stonn water quality control facilities. A portion of the services will be provided to Johnson Canyon, an open space area which is located in the City of San Diego and is adjacent to the City's boundaries. Pursuant to Section 5 of Ordinance 2730, the City is authorized to maintain and operate an open space or habitat area outside of the jurisdictional boundaries of the City. SECTION 7. Special Tax. Except where funds are otherwise available special taxes, secured by recordation of a continuing lien against all non-exempt real property in the District, are hereby authorized, subject to voter approval, to be levied annually within the boundaries of such District. Under no circumstances will the special tax authorized to be levied within the District be increased as a consequence of delinquency or default by the owner of any other parcel or parcels used for private residential purposes and located within the District by more than 10 percent. For further particuJars as to the rate and method of apportionment of the special tax proposed to be levied within the District, 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 District to clearly estimate the maximum amount that such person will have to pay for such services. The special taxes herein authorized 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 legislative body 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 ChuJa Vista, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy ofthe special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and pennanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION 8. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50115.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 8 above: A. Each such special tax shall be levied for the specific purposes set forth in Section 8. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 8. above. C. The District shall establish a separate account into which the proceeds of each such special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50115.3. Resolution 2004-258 Page 4 SECTION 9. Preparation of Annual Tax Roll. The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: Engineering Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 (619) 691-5021 SECTION 10. Election. This legislative body herewith submits the levy of the special taxes to the qualified electors of the District, such electors being the landowners within the District with each landowner having one (I) vote for each acre or portion thereof of land which he or she owns within the District. This legislative body hereby further directs that a separate ballot proposition relating to the levy of the above referenced special taxes within the District be combined and consolidated with the proposition set forth in Section II below relating to the establishment of an appropriations limit for the District. The proposition related to the levy of the special taxes shall, together with a proposition to establish an appropriations limit for the District, shall be submitted to the qualified voters at a special election to be held on (a) July 20, 2004 immediately following the adoption of this resolution or (b) such other date as the qualified electors and the City Clerk may mutually agree and such election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the "Election Official"). If either or both of the propositions for the levy of the special taxes receive the approval of more than two-thirds (2/3rds) of the votes cast on the proposition, the special tax thereby approved may be levied as provided for in this resolution. SECTION II. Ballot Proposals. The ballot proposals to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A Shall Community Facilities District No. II-M (Rolling Hills Ranch) of the City of Chula Vista be authorized to levy special taxes, subject to the accountability measures set forth in Resolution No. _' within the such district pursuant to the rate and method of apportionment of special taxes (the "Rate and Method") set forth in such resolution for the purpose of financing the Special Tax Requirement as defined in the Rate and Method? PROPOSITION B Shall the City of Chula Vista Community Facilities District No. II-M (Rolling Hills Ranch) establish an Article XlIlB appropriations limit equal to $250,000? SECTION 12. 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 Resolution 2004-258 Page 5 the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 13. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for holding the above election. The Election Official shall perfonn and render all services and proceedings incidental to and connected with the conduct of the election, including but not limited to, the following: Prepared by I. Prepare and furnish to the necessary election supplies for the conduct of the election. 2. Cause to be printed the requisite number of official ballots, tally sheets and other necessary fonns. 3. 4. Furnish official ballots for the qualified electors of the District. Cause the official ballots to be presented to the qualified electors, as required by law. 5. Receive the returns of the election and supplies. 6. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. 7. 8. Canvass the returns of the election. Furnish a tabulation of the number of votes given in the election. 9. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and fonn as required by law. Approved as to fonn by c"~ ~ Ann Moore City Attorney Resolution 2004-258 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd day of August, 2004, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None /dfd!Z?æ ATTEST: ~ ~r ..;:¡<&' ð", j Susan Bigelow, MMC, City Clerk 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. 2004-258 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 3rd day of August, 2004. Executed this 3rd day of August, 2004. ~~~I ~o dOL Susan Bigelow, MMC, City Clerk EXHIBIT "A" COMMUNITY FACILITIES DISTRICT No. ll-M (ROLLING HILLS RANCH) LIST OF AUTHORIZED SERVICES Habitat Maintenance MSCP Lots C, E, F & G of Map 14756, Lot A of Map 14159 (Neighborhood I, Unit 2), Lot A of Map 14160 (Neighborhood I, Unit 3) · Litter Removal · Surveys and monitoring · Weed Eradication · Fencing · Property tours · Required Reporting · Resident Outreach Tarplant Management Area, Map 14756 Lot DD and Lot HH - The CFD is proposed to manage the Endowment set up for the maintenance of the Tarplant Management Area. Maintenance responsibilities of the Endowment include: · Litter Removal · Surveys and monitoring · Weed Eradication · Fencing · Property tours · Required Reporting · Resident Outreach Johnson Canyon - It is anticipated that the maintenance of Johnson Canyon will be carried out by the Otay Ranch Preserve Owner Manager (POM) with the funding created by CFD 11M. ShouJd the Otay Ranch POM not accept the maintenance of Johnson Canyon then another conservation entity approved by the wildlife agencies and the City will be selected. Maintenance of the Johnson Canyon parcel will include regular inspections to ensure no unauthorized activities occur within the parcel. Additionally, should the POM accept the maintenance responsibility of the Johnson Canyon parcel, management and monitoring activities shall be perfonned in accordance with the Otay Ranch Resource Management Plan (RMP). Proctor Valley Road · Dirt road maintenance o Grading up to 4 times a year Stonn Water Oualitv Maintenance . Basin located on Lot A ofMap14756, north of Proctor Valley Road o Landscaping maintenance o Maintenance o Monitoring o Downstream erosion o Environmental Permits . Public drainage structures within the project including but not limited to, catchbasins at the rear of Lots 35 and 76 of Neighborhood 12 and Lot 51 of Neighborhood 9. Services directlv related to removal of contaminants and solids from storm water throul!'hout the District incJudinl!' but not limited to storm drains. catch basin inserts. hydrodynamic devices. infiltration basins. and similar services. SUBSTITUTION OF SERVICES The description of the Services, as set forth above, is general in its nature. The final nature and location of the Services will be detennined upon the preparation of fmal plans and specifications. The final plans may show substitutes in lieu of, or modification to, the proposed Services in order to provide the public services necessitated by development occurring in the District, and any such substitution shall not be a change or modification in the proceedings as long as such substitute services serve a function or provide a service substantially similar to that function served or the service provided by the Service described above. Exhibit B Community Facilities District No. ll-M (Rolling Hills Ranch) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 11M (Rolling Hills Ranch) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels of the CFD and collected each Fiscal Year commencing in Fiscal Year 2004-05 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "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. The sqUJlte footage of an Assessor's Parcel is eqlliÙ 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. "Adtninistrative Expenses" means the actual or esrimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including salaries 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 the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to administer the CFD as determined by the City. "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. "CFD Adtninistrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 11M of the City of Chula Vista. "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 Assessor's Parcels which are classified as commuruty purpose facilities and meet the requirements of City ofChula Vista Ordinance No. 2452. "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued after January 1, 2004, but prior to the March 1 st 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 capable of conveyance or rental separate from adjacent residential dwelling units. "Final Map Property" means a single family residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "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 1352, 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 Taxis being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Habitat Maintenance" means the labor, materiill, administration, personnel, equipment and utilities necessary to maintain habitat conservation areas within the CFD as set forth in the CFD Report. "Habitat Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Habitat Maintenance applicable to the CFD for such Fiscal Year. "Land Use Class" means any of the classes listed in Table 1 or Table 2. "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. "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 for the CFD for each Fiscal Year to pay for Habitat Mailltenance and Storm Water Qw.lity Mailltenance and Administrative Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Habitat Mailltenance Requirement and the applicable Storm Water Quality Mailltenance Requirement. "Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not classified as Final Map Property, or Taxable Property Owners Association Property. "Property Owner Association Property" means any property within the boundaries of the CFD 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 the boundaries of the CFD that, at the time of the CFD formation, is (a) owned by the federal government, the State, the County, the City or any other public agency or (b) has been irrevocably offered for dedication to such an entity (whether or not such offer has been accepted) and is expected to be used for any public purpose. "Reserve Fund" means a fund that shall be mailltained for the CFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, mailltenance and repill cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one residential dwelling unit. "Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in the CFD to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (a) (i) pay the Habitat Mailltenance Requirement; (ii) pay the Storm Water Quality Mailltenance Requirement; (iii) pay reasonable Administrative E"penses; (iv) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (v) pay for reasonably anticipated delinquent Special Taxes 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. "State" means the State of California. "Storm Water Quality Maintenance" means the maintenance of detention basins, storm mains, catch basin inserts, hymodynamic devices, infiltration basins, and all other facilities that are directly related to storm water quality control thIoughout the CFD. "Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Storm Water Quality Maintenance applicable to the CFD for the current Fiscal Year in which Special Taxes are levied. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to law or as defined below. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (i) Public Property, or (ü) Property Owner Association Property, or (ill) Assessor's Parcels defined as Community Purpose Facility Property that is owned by a non-profit organization and has provided proof to the City prior to the March 1 st 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. "Taxable Property Owner Association Property" means all Property Owner Association Property which is not exempt from the Special Tax pursuant to Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within the CFD shall be classified as Developed Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 11M Rolling Hills Ranch Land Use Class 1 2 Descri tion Residential Pro e Non-Residential Pro e Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be imposed on all Land Use Classes located on that Assessor's Parcel. The CFD Administrator shall determine the allocation to each Land Use Class. 2. Undeveloped Property TABLE 2 Maximum Special Tax for Undeveloped Property Community Facilities District No. 11M Rolling Hills Ranch Land Use Class 4 5 6 Maximum Special Tax Descri tion Final Ma Pro e Other Taxable Pro e Taxable Property Owner Association Pro e $648.14 er Acre $648.14 er Acre $648.14 per Acre 3. Annual Escalation of Maximum Special Tax The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in the CFD shall be increased each Fiscal Year beginning in Fiscal Year 2005-06 and thereafter by a factor equal to the annual percentage increase, if any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items). D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2004-05, and for each following Fiscal Year, the Council shall levy the Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. 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; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for Final Map Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for Other Taxable Property; Fourth: If additional moneys are needed to satisfy the 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 at up to 100% of the Maximum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of 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 the CFD. E. EXEMPTIONS The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as Public Property, (ü) Assessor's Parcels defined as Community Purpose Facility Property that are owned by a non-profit organization which 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, and (ili) 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 exempt property those Assessor's Parcels defined as Property Owner's Association Property provided that no such classification would reduce the sum of all taxable Property to less than 208.52 Acres. Assessor's Parcels defined as Property Owner Association Property that cannot be classified as exempt property will be classified as Taxable Property Owner Association Property and shall be taxed as part of the fourth step in Section D. The CFD Admillistrator will assign Tax-Exempt status in the chronological order in which property becomes exempt. F. 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 fust consult with the CFD Aclministrator regarding such error. If following such consultation, the CFD Aclministrator 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 writren 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 the CFD, a special three-member 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 aclministration 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. G. MANNER OF COLLECTION Special Taxes levied purSlli11lt 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 the CFD or as otherwise detennined appropriate by the CFD Administrator. H. TERM OF SPECIAL TAX Taxable Property within the CFD shall remain subject to the Special Tax in perpetuity.