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HomeMy WebLinkAboutReso 2005-180 RESOLUTION NO. 2005-180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7) AND TO AUTHORIZE THE LEVY A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES WHEREAS, the City Council of the City of Chula Vista, desires to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," (the "Act") being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of California and the City of Chula Vista Community Facilities District Ordinance (the "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 Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District (the "District")shall hereinafter be referred to as Community Facilities District No. 12M (Village 7); and WHEREAS, this City Council is now required to proceed to adopt its Resolution of Intention to initiate the proceedings for the establishment of such District, to set forth the boundaries for such District, to indicate the type of public services to be financed by such District, to indicate a rate and method of apportionment of special taxes proposed to be levied within the District sufficient to finance such services and to set a time and place for a public hearing relating to the establishment of such District; and WHEREAS, a map of such District has been submitted showing the boundaries of the territory proposed to be included in the District which territory includes the properties and parcels of land proposed to be subject to the levy of a special tax by the District. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION I. Recitals. The above recitals are all true and correct. SECTION 2. Initiation of Proceedings. These proceedings are initiated by this City Council pursuant to the provisions of the Community Facilities District Law. SECTION 3. Boundaries of District. It is the intention of this City Council to establish the Community Facilities District pursuant to the provisions of the Community Facilities District Law, and to determine the boundaries and parcels on which special taxes may be levied to finance certain services. A description of the boundaries of the territory proposed for inclusion in the District, including properties and parcels of land proposed to be subject to the levy of a special tax by the District, is as follows: All that property as shown on a map as previously approved by this City Council, 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 and shall remain open for public inspection. SECTION 4. Name of District. The proposed Community Facilities District shall be known and designated as "Community Facilities District No. 12M (Village 7)." Resolution No. 2005-180 Page 2 SECTION 5. 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 as follows: The maintenance of (a) landscaping including, but not limited to, parkways, medians and slopes throughout the District and (b) facilities that are directly related to storm water quality control throughout the District. Such maintenance shall include, but not be limited to, the provision of all labor, material, administration, personnel, equipment and utilities necessary to maintain such habitat conservation areas and such storm water quality control facilities. SECTION 6. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the boundaries of the 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 particulars as to the rate and method of apportionment of the special tax proposed to be levied, 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, 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. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. SECTION 7. Public Hearing. Notice is given that on the 12th day of July, 2005, at the hour of 7 o'clock p.m., in the regular meeting place of the City Council, being the Council Chambers, located at 276 Fourth Avenue, Chula Vista, California, a public hearing will be held where this City Council will consider the establishment of the proposed District, the proposed rate and method of apportionment of the special taxes proposed to be levied within the District, and all other matters as set forth in this resolution of intention. At the above-mentioned time and place for public hearing, any persons interested, including taxpayers and property owners, may appear and be heard. The testimony of all interested persons for or against the establishment of the District, the extent of the District, or the furnishing of the services, will be heard and considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing. Resolution No. 2005-180 Page 3 If a written majority protest against the establishment of the District is filed, the proceedings shall be abandoned. If such majority protest is limited to certain services or portions of the special tax, those services or that tax shall be eliminated by the City Council. SECTION 8. Election. If, following the public hearing described in the Section above, the City Council determines to establish the District and proposes to levy a special tax within the District, the City Council shall then submit the levy of the special taxes to the qualified electors of the District. If at least 12 persons, who need not necessarily be the same 12 persons, have been registered to vote within the District for each of the 90 days preceding the close of the public hearing, the vote shall be by registered voters of the District, with each voter having one vote. Otherwise, the vote shall be by the landowners of the District who were the owners of record at the close of the subject hearing, with each landowner or the authorized representative thereof, having one vote for each acre or portion of an acre of land owned within the District. A successful election relating to the special tax authorization shall, as applicable, establish and/or change the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to this District. SECTION 9. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing a Notice of Public Hearing to be published in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven days prior to the date set for the public hearing. Prepared by Approved as to form by ~~/ Sohaib Al-Agha City Engineer CA~ Ann Moore City Attorney Resolution No. 2005-180 Page 4 PASSED, APPROVED, and ADOPTED by tbe City Council oftbe City ofChula Vista, California, this 7tb day of June, 2005, by tbe following vote: AYES: Councilmembers: Castaneda, Davis, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: - ~~ ~~I ___--.1 n Susan Bigelow, MMC, City erk- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY tbat the foregoing Resolution No. 2005-180 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on tbe 7th day of June, 2005. Executed this 7th day of June, 2005. ::::- ~ J.J t1...J... l ~~~ Susan Bigelow, MMC, City Cle Resolution No. 2005-180 Page 5 Exhibit "A" CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 12M RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA NO.1 (McMillin Otay Ranch) A Special Tax of Community Facilities District No. 12M (Village 7) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area No.1 of the CFD and collected each Fiscal Year commencing in Fiscal Year 2006-07 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" m~ans the land area of an Assessor's Parcel as ShOVlIl 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 pL'U1, or functionally equivalent map or instrument recorded in the Office of the County Recorder. 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 the CFD as tl,e 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 formation and administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to form or administer IA No.1 of 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 Administrator" 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. 12M of tloe City of Chula Vista. City of Chula VISta CFD No. 12M, lA No. I, Village 7 OS/21/05 Page 1 Resolution No. 2005-180 Page 6 "City" me\\!lS the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" m=s the City Manager for the City of Chula Vista or his or her designee. "Co=unity Purpose Facility Property" or "CPF Property" means ill Assessor's Parcels which are classified as community purpose facilities, as defined in the City of Chula Vist., Ordioance No. 2883. "Council" me\\!lS the City CoU11cil of the City of Ch1.l1, Vista, acting as the legislative body of the CFD. "County" means the County of S\\!l Diego, Ccliforni.,. "Developed Property" means ill Taxable Property for which a buildiog permit is issued after January 1, 2DD6, but prior to the ~brch 1st preceding the Fiscal Year in which the SpeciafTax is bdng levied. "Final Map Property" me\\!lS 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 single family residential buildable lots by recordation of a final subdivision map Dr parcel map pursuant to the Subdivision ~p 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 buildiog permits may be issued without further subdivision and is recorded prior to M.1!ch 1 precediog the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and endiog on the following June 30. "Improvement Area No.1" or "IA No.1" means Improvement .">..t." No.1 of the CFD, as identified on the boundary map for the CFD. "Land Use Class" means any of the classes listed in Table 1 Dr Table 2. "Landscape Maintenance" means the labor, material, administration, petsoa.ne.l, equipment and utilities necessary to maintain landscaped improvements within the public right-of-ways, parkways, slopes, wetlands and other public easements/improvements throughout the CFD. "Landscape Maintenance Requirement" means, for any Fiscal Year in which Special Taxes ar" levied, the amount equal to the budgeted costs for Landscape M.1intenance applicable to LA No.1 for such Fiscal Year. "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. CiJy of Chula VISta CFD No. 12M, L4. No.1, Village 7 05121105 Page 2 Resolution No. 2005-180 Page 7 "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building perrnit(s) has been issued for a structure or structures for non-residenrial use. "Operating Fund" means a fund that shall be m.1..int.1ined for V, No.1 for each Fiscal Year to pay for Landscape Maintenance and Storm Water Quality Mainten'\1lce and Administrative Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Landscape M.1intenance Requirement and the applicable Storm Water Quality Maintenance Requirement. "Other Taxable Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final M.~p Property, or Taxable Property Owners Association Property. This may include Residential or Non-Residential Property. "Property Owner Association Property" means any property within the boundaries lA No.1 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 Ot sub-association. "Proportionately" means in a manner such that doe ratio of the actual Special Tax levy to the Maxilnum Special Tax is equal for all.A.ssessor's Parcels of T.."<able Property within each Land Use Class. "Public Property" means any property within the boundaries of IA No.1 of the CFD that has provided proof to the City prior to the March 1 st preceding the Fiscal Year in which the Special Tax is being levied, that it is ",-pected to be used for any public purpose and is owned by or dedicated to the federal govemment, the State: the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for lA No.1 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 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 Dwelling Unit" lneans ench separate :residential dwelling unit which comprises an independent facility capable of conveyance separate from adjacent residential units; including but not limited to, single-family homes, duplexes, triplexes, townhomes, condominiums, and apartment units. "Residential Property" means all Assessor's Parcels of Developed Property for which a building perrnit(s) has been issued for purposes of constructing one Residential Dwelling Unit. City of Chllla Vista CFD No. 12M,lA No. I, Village 7 OS/21/05 PageJ Resolution No. 2005-180 Page 8 "Special Tax" means the Special Tax levied pursuant tD the provisiDns of Sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed PrDperty and UndevelDped PrDperty in L'\. ND. 1 to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year fDr IA ND. 1 tD: (a) (i) p.y the Landscape Maintenance Requirement; (ii) pay the Storm Water Quality Maintenance Requirement; (ii.i) pay reasDnable Administrative Expenses; (iv) pay any amounts required tD establish Dr replenish the Reserve Fund to the Reserve Fund Requirement; (v) pay for reasonably anticipated delinquent Speci.ll Taxes based on the delinquency rate fDr Speci.ll Taxes levied in the previDus Fiscal Year; less (b) a credit fDr funds available to reduce the annual Special Ta..~ levy, including the excess, if any, in the Reserve Fund above the Reserve Fund Requirement. "Square FDDt" means the square fDDtage as shDwn Dn an Assessor's Parcel's building permit Df Residenti.ll Property, excluding garages or other structures not used as living space. "State" .means the State ofCalifDmia. "Storm Water Quality Maintenance" means the maintenance of detention basins, stDrm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all Dther facilities that are directly related to storm water quality control thrDughout L'\. No. 1. "Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amDunt equal to the budgeted costs for Storm Water Quality Maintenance applicable tD IA No.1 for the cu:n:ent Fiscal Year in which Special Ta..'{es are levied. "Taxable Property" means all of the Assessor's Parcels witllin the boundaries Df IA ND. 1 of the crn that are not exempt frDm the Special Tox pursuant tD low or as defined below under "Tax-Exempt PrDperty". "Tax-Exempt Property" means an AssessDr's Parcel not subject tD the Special Tax. Tax- Exempt Property includes: (j) Public Property, Dr (ii) Property Owner AssDciatiDn PrDperty excluding Taxable PrDperty Owner Association PrDperty, or (ill) Assessor's Parcels defined as Corrununity Purpose Facility Property thot is owned by 0 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 Df the organizotiDn's nDn-profit stotus, or (v) AssessDr'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 AssociatiDn Property which is not exempt from the Special Tax pursuant to SectiDn E belDw. "Undeveloped PrDperty" means, for each Fiscal Year, all Taxable Property nDt classified as Developed Property. City oJChula Vista CFD No. 12M, 1A No. I, Village 7 05121105 Page .{ Resolution No. 2005-180 Page 9 B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year usmg the definitions above, all Taxable Property within IA No.1 of the CFD shall be classified as Developed Propert)', Fmal Map 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 CL~ss as specified m Table 1. Undeveloped Property shall be further assigned to a Land Use Class as specified m Table 2. Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E below shall be taxed as Non-Residential Property when such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other Ta.'Cable Property. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 12M Improvement Area No.1 Fiscal Year 2006-07 Land Storm Maximum Use Description Landscape Water Quality Special Tax Class Maintenance Maintenance 1 Residential $0.302 per Sq Ft $0.091 per Sq Ft $0.393 per Sq Ft Property 2 Non-Residential $5,936.12 per Acre $1,792.30 per $7,728.42 per Acre Property Acre Multiple Land Use Classes In some iostances an Assessor's P;u:cel 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 Ta.x levies that may be levied on all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's shall determine the allocation to each Land Use Class. City ofChula VISta CFD No. 12M, LA No.1, Village 7 OS/21/05 PageS Resolution No. 2005-180 Page 10 2. Undeveloped Property TABLE 2 Maximum Special Tax for Undeveloped Property Commenity Facilities District No. 12M Improvement Area No.1 Fiscal Year 2006-07 Land Landscape Storm Maximum Use Description Maintenance Water Quality Special Tax Class Maintenance 3 Fiml Map Property $5,936.12 peI $1,792.30 per Acre $7 ,728.42 per Acre Acre 4 Other Taxable $5,936.12 peI $1,792.30 per Acre $7,728.42 peI Propertv Acre Acre 5 Taxable Property $5,936.12 per $1,792.30 per Acre $7,728.42 peI OwneI Association Acre Acre Proo= 3. Annual Escalation of Maximum Special Tax The Maximum Specia.l Tax as shown in the tables above that may be levied on each Assessor's Parcel in IA No.1 shall be increased each Fiscal Year beginning in Fiscal Year 2007-08 and theIeafter by a factor eClual to the a1111\.1al percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) as reported by the State of Califomi.~ Department of Finance. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Co=encingwith Fiscal Year 2006-07, and for each following Fiscal Year, the Council shall levy the IA No.1 Special Tax at the tates established purSU\\I)t 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:. Th. Special Tax shall be levied proportionately on each Assessor's Parcel of Developed Property up to 100% of the "pplicable Maximum Speci.'Il 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; City ofChulD Vista CFD No. J 2M, JA No. J, VilIoge 7 0512 1/05 Page 6 Resolution No. 2005- 180 Page 11 J:hj,ill: If additional monies :u:e needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Ta..~ shall be levied Proportionately on each Assessor's P:u:cel of Other Taxable Property at up to 100% of the Maximum Special Tax for Other Taxable Property; Fourth: If additional moneys :u:e needed to satisfy the Special Ta..~ Requirement after the first three steps have been completed, the Special Tax shall be levied proportionately on each Assessor's P:u:cel of Taxable Property Owner Association Property at up to 100% of the applicable Maximwn Speci,ll Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circwnstances will the Speci,ll Tax levied agajnst any Assessor's Parcel of Residential Propertyfor which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Muimwn Special Tax as a consequence of delinquency or default by the owner of any other Assessor's P:u:cel within IA No.1 of the CFD. E. EXEMPTIONS The CFD Administrator shall chssify as exempt property (i) Assessor's P:u:cels defined as Public Property, (ii) Assessor's P:u:cels 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 Ye:u: in which the Special Tax is being levied of the organization's non-profit status, and (ili) Assessor's Parcels ,vith 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 P:u:cels defined as Property Owner's Association Property provided that no such classification would reduce the swn of all Tuable Property to less than 67.142 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 pm of the fourth step in Section D. The CFD Administrator will assign tax-exempt status in the chronological order in which property becomes Public Property or Community Purpose Facility Property or Tax-Exempt Property Owner Association Property. However, should an Assessor's P:u:cel no longer be classified as Public Property or Community Purpose Facility Property or Tax-Exempt Property Owner Association Property, its tax-exempt statns will be revoked. Taxable Property Owner Association Property that is not exempt from the Special Tu 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 Ta.."{able Property Owner Assocbtion Property. F. APPEALS City of Chula Vista CFD No. 12M, fA No. /, Village 7 OS/21/05 Page 7 Resolution No. 2005-180 Page 12 Ar1y landowner or resident who pays the Special Tal{ and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall fust consult with the CFD Administrator reg<\!:ding such eI:!or. If follo,ving 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 lar:downer 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 l~ed on such Assessor's ParceL Dponthe receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall est.,blish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedmes, as it deems necessary to underralre the review of any such appeal. 111e Review/Appeal Committee shall interpret this Rate and Method of Apportionment and malre detemUn.,tions 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. G. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same mmner and at the same time as ordinary ad va/o",,, property taxes; provided. however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a differeot time or in a diffwont manner if !lecessary to meet the fina!lcial obligations of lA No.1 of the CFD or as otherwise determined appropriate by the CFD Administrator. H. TERM OF SPECIAL TAX Taxable Property in IA No.1 of the CFD stLoll remain subject to the Special Tax in perpetuity or until the City Council rakes appropriate actions to teI:!!linate the Special Tax pursuant to the Act. City ofChula Vista CFD No. 12M, 1A No.1, Village 7 05121/05 Page 8