HomeMy WebLinkAboutReso 2006-350
RESOLUTION NO. 2006-350
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING ITS INTENTION TO
ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 13M
(OTAY RANCH VILLAGE TWO) AND TO AUTHORIZE THE
LEVY OF A SPECIAL TAX THEREIN TO FINANCE
CERTAIN SERVICES AND SETTING THE PUBLIC HEARING
TO CONSIDER THE ESTABLISHMENT OF THE PROPOSED
DISTRICT
WHEREAS, the City Council of the City ofChula Vista (City Council), 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," being Chapter 2.5, Part 1, Division 2, Title 5
of the Government Code of the State of California (Act) and the City ofChula 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 (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. 13M (Otay Ranch Village Two) (District); 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.
Resolution No. 2006-350
Page 2
SECTION 4. Name of District. The proposed Community Facilities District shall be
known and designated as "Community Facilities District No. 13M (Otay Ranch Village Two)."
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; (b) facilities that are directly related to storm water quality control; (c) walls and fencing;
(d) trails; (e) pedestrian bridges, including, but not limited to, graffiti removal; and (f) public
lighting facilities, including, but not limited to, pedestrian lighting and decorative or ornamental
public lighting (collectively the "Improvements").
Such maintenance shall include, but not be limited to, the provision of all labor, material,
administration, personnel, equipment and utilities necessary to maintain such Improvements.
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 9th day of January, 2007, at the
hour of 6 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 fumishing 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 of the City Council 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.
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Resolution No. 2006-350
Page 3
If a written maJonty 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 twelve (12) persons, who need not necessarily be the same twelve (12)
persons, have been registered to vote within the District for each of the ninety (90) days
preceding the close of the public hearing, the vote shall be by registered voters of the District,
with each voter having one (I) 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 (I) 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 (7) days prior to the date set for the
public hearing.
Prepared by
Approved as to form by
~ bMt,;Jcu..c
Leah Browder
Acting Director of Engineering
~~~~
Ann Moore
City Attorney
Resolution No. 2006-350
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, '-".
California, this 21st day of November 2006 by the following vote:
AYES: Councilmembers:
Castaneda, Chavez, McCann, Rindone, and Padilla
NAYS: Councilmembers:
None
ABSENT: Councilmembers: None
_d~
Stephen C. Padilla, Mayor
ATTEST:
- ~ L"'- (-:<,.;s <i ,~,..---'
Susan Bigelow, MMC, City Cle
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
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I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2006-350 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 21st day of November 2006.
Executed this 21st day of November 2006.
~-V.J.-4...A.l~~
Susan Bigelow, MMC, City Cler
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Resolution No. 2006-350
Page 5
Community Fadlilul Dil1Ti,' No.7 3M (Ol,!! &'Olh Villa!! T lW)
City of Ch.1a Villa
EXHIBIT 4.: RATE AND METHOD OF
ApPORTIONMENT
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 13M
(OTAY RANCH VILLAGE Two)
A Special Tax of Community Facilities District No. 13M (Otay Ranch Village Two) of the
City of Chula Vista ("CFD'') shall be levied on all Assessor's Parcels of Taxable Property
within the CFD and collected each Fiscal Year commencing in Fiscal Year 2007-2008 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 ot
by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner
herein ptovided.
A. DEFINITIDNS
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 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 ofCalifomia.
"Adrninisuative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy and
collect the Special T..,<es, including salaries of City =ployees 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 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" ';"eans an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"CFD Adminisuator" 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.
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Resolution No. 2006-350
Page6 C . R 'C' D' . N }U(O n...cu'" T "
"nt"'''''!J "Clanes IItm' o. T m tqy "'""" v W"!! '""I
Ci!J 0/ Ch.1o Virla
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"CFD" means Community Facilities District No. 13M (Otay Ranch Village Two) 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 ofChula Vista or his or her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities, as defined in the City of Chula
Vista Ordinance No. 2883.
"Council" means the City Council of the City of Chula Vista, acting as the legislative body
of the crn.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit is issued
prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Final Map Property" means any residential or non-residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
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"Final Subdivision Map" means a subdivision of property creating residential or non.
residential 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 Tax is being levied.
"Fiscal Year" means the period starti.ngJuly 1 and ending on the following June 30.
"Land Use Class" means any of the classes listed in Table 1 or Table 2.
"Landscape Maintenance" means the labor, material, administration, personnel,
equipment and utilities necessary to maintain authorized landscaped improvements, walls
and fencing, trails, and pedestrian bridges within the public right-of-ways, parkways, slopes,
wetlands and other public easements/improvements within or outside the crn.
"Landscape Maintenance. Requirement" means, for any Fiscal Year in which Special
Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance
applicable to the CFD for such Fiscal Year.
"Lighting Maintenance" means the labor, material, administration, personnel, equipment
and utilities necessary to maintain authorized lighting improvements including, but not
limited to, pedestrian lighting and decorative or ornamental street lights within the public
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Resolution No. 2006-350
Pagez'mmunityFacilili" Di!rri,1No. 13M (Or<;J &'ncb Vi/Iog< TMJJ
City of Cbula Vi!ra
right-of-ways, parb.-ways, slopes, wetlands and other public easements/improv=enrs within
or outside the CFD. The lighting improvements may include but are not limited to the cost
of providing electrical energy and servicing of lighting fL"tures, poles, meters, conduits,
electrical cable and associated appurtenant facilities including repair, r=oval, or
replacement.
"Lighting Maintenance Requirement" means, for any Fiscal Year in which Special Taxes
are levied, the amount equal to the budgeted costs for Lighting Maintenance applicable to
the CFD 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.
"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 Landscape Maintenance, Lighting Maintenance, Storm Water Quality Maintenance
and Administrative Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Landscape Maintenance Requirement, the applicable Lighting Maintenance 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 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 To.." levied to
the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. For
Developed Property, it means that the ratio of the actual Special Tax levied to the Ma.'<imum
Special Tax is equal for all Assessor's Parcels of Developed Property. For Final Map
Property, it means that the ratio of the actual Special Tax levied to the Maximum Special Tax
is equal for all Assessor's ~arcels of Final Map Property. For Undeveloped Property, it
means that the ratio of the actual Special Tax levied to the Ma.'<imum Special Tax is equal for
all Assessor's Parcels of Undeveloped Property.
"Public Property" means any property within the boundaries of the CFD that has
provided proof to the City prior to the March 1st preceding the Fiscal Year in which the
Special To." is being levied, that (a) is owned by a public agency, (b) has been irrevocably
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Resolution No. 2006-350
Page 8 CD""""nityFDdli1J,s DisrrictND. 13M (Ot",Rmr,~ ViI/oJ'! Two)
City of Chula Virto
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offered for dedication to a public agency, or (c) is designated with specific boundaries and
acreage on a Final Subdi.i.sion Map as property which ",ill be owned by or irrevocably
dedicated to a public agency. For purposes of this definition, a public agency includes the
federal government, the State of California, the City or any other public entity.
"Reserve Fund" means a fund that shall be maintained for the ern 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" means each separate residential dwelling unit which
comprises an independent facility capable of human habitation separate from adjacent
residential units, including but not limired to, single-family homes, duplexes, triplexes, town
homes, condominiums, and apartment units.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one or more Residential
Dwelling Units.
"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 crn to fund the Special Tax Requirement.
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"Special Tax Requirement" means that amount required in any Fiscal Year for the crn
to: (a) (i) pay the Landscape Maintenance Requirement; (il) pay the Lighting IYIaintenance
Requirement (ill) pay the Storm Water Quality Maintenance Requirement; (iv) pay reasonable
l\dministrative Expenses; (v) pay any amounts required to establish or replenish the Reserve
Fund to the Reserve Fund Requirement; (vi) pay for reasonably anticipated delinquent
Special Ta..'l:es 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 Ta..'l: levy, including the
excess, if any, in the Reserve Fund above the Reserve Fund Requirement.
"Square Foot" means the building square foorage of assessable internal living space as
shown on an Assessor's Parcel's building permit of Residential Property, excluding garages
or other structures not used as living space.
"State" means the State ofCalifomia.
"Storm Water Quality M(lintenance" means the maintenance of authorized detention
basins, storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all
other facilities that are clirecdy related to storm water quality control within or outside the
crn.
"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
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Resolution No. 2006-350
Page 9C017l111uni;yFadliti" Ditma No. 13M (0"" R4nch Villo!!Tw)
Ci;y of Chulo Vista
the current Fiscal YeaJ: in which Special Taxes are levied.
"Taxable Property" means all. of the Assessor's Parcels within the boundaries of the crn
that are not exempt from the Special Tax pursuant to law or as defined below under "Tax-
Exempt Property.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (i) Public Property, or (n) Property Owner Association Property
excluding Taxable Property Owner Association Property, or (ill) Assessor's Parcels defined
as Community Purpose Facility Property that are owned by a non-profit organization and
have 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 starus, or (v) 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 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 TD L.AN/:) USE CATEGDRIES
Each Fiscal Year using thedefinitions in Section A, all Taxable Property within the crn
shall be classified as Developed Property, Final Map Property or Undeveloped Property, and
shall be subject to the levy of 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. 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 Taxable
Property.
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Resolution No. 2006-350
Page 10
CommHnity Faci/iti" District No. 13M (Otoy &:meh Vi/lele T,~)
City oj Cbula Vir'a
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C. MAXIMUM SPECIAL TAX RA TE:
, . DEVELOPE.D PROPERTY
TABLE 1
MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY
COMMUNITY FACILITIES DISTRICT NO.1 3M
(OTAY RANCH VILLAGE TWO)
FISCAL YEAR 2005<2007
Land I Storm Maximum
Use Description Landscape I Water Quality Special Tax
Class & Lighting I Maintenance
Maintenance I
1 Single Family and $0.424 per Sq=e $0.016 per $0.440 per
Multi Family Foot Square Foot Square Foot
Residential Prooertv
2 Non-Residential $7,079.36 per I $279.38 per $7,358.74 per
Property Acre Acre Acre
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Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may be classified in more
than one Land Use Class; e.g., live/work lofts or similar mixed use developments. 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 levied on all Land Use Classes located on that
Assessor's Parcel. The CFD Administrator shall detennine the allocation to each Land Use
Class.
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Resolution No. 2006-350
Page II
Commll'lliry Forilities Distrir/ No. 13A1 (Ot'!} Rtm(h Vil!c,J/ Two)
Ci;y of Ch.1a Vina
2. UNDEVELOPED PROPERTY
TABLE 2
MAXIMUM SPECIAL TAX FOR UNDEVELOPED PROPERTY
COMMUNITY FACILITIES DISTRICT 1':10. 13M
(DTAY RANCH VILLAGE Two)
FISCAL YEAR 2006-2007
Land Landscape Storm Maximum
Use Description & Lighting Water Quality Special Tax
Class Maintenance Maintenance
3 Final Map Property $7,079.36 per $279.38 per Acre $7,358.74 per
Acre Acre
4 Other Taxable $7,079.36 per $279.38 per Acre $7,358.74 per
P rooertv Acre Acre
5 Taxable Property $7,079.36 per $279.38 per Acre $7,358.74 per
Owner Association Acre Acre
Prooertv
3. ANNUAL E.SCALATION 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 crn shall be increased eacb Fiscal Year beginning in Fiscal Year
2007-2008 and thereafter by a factor equal to the greater of, the annual percentage increase,
if any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) as
reported by the State of California Department of Finance, or 4%.
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Resolution No. 2006-350
Page 12
Commllni~ Fadlifies Vis/dct No. 13M (Otqy Ranch Vil!.Jgp. T;;'I})
City of Ch.1a Vitia
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D. METHOD OF APPORTIDNMENT DF THE SPECIAL
TAX
Commencing with Fiscal Year 2007-2008, and for each following Fiscal Year, the Council
shall levy the CFD 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:
.EiJ:.tt 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;
Ihi.r.d: If adclitional 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
applicable 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 in the payment of the
Special Tax levied on any other Assessor's Parcel within the CFD.
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E. EXEMPTIONS
The CFD Administrator shall classify as Tax-Exempt Property (i) Assessor's Parcels defined
as Public Property, (ii) Assessor's Parcels defined as Community Purpose Facility Property
that are owned by a non-profit organization which have provided proof to the City prior to
the March 1 st preceding the Fiscal Year in which the Special Taxis being levied of the
organization's non-profit status, and (iii) Assessor's Parcels encumbered 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 those Assessor's Parcels
defined as Property Owner's Association Property provided that no such classification
would reduce the sum of ail Taxable Property to less than 449.20 Acres. Assessor's Parcels
defined as Property Owner Association Property that cannot be classified as T...'<.Exempt
Property will be classified as Taxable Property Owner Association Property and shall be
taxed as part of the fourth step in Section D.
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Resolution No. 2006-350
Page Jo~m'niry Fad4"tiu Distna No. 13M (O,,!! &.,h ViI/age TIPo)
Ciry of Ch.1a Villa
The CFD Administrator will assign tax-exempt status in the chronological order in which
property becomes Public Property, Community Purpose Facility Property or Tax-Exempt
Property Owner Association Property. However, should an Assessor's Parcel no longer be
classified as Public Property, Community Purpose Facility Property or Tax-Exempt Property
Owner Association Property as a result of a change of ownership, change of use or both, its
tax-exempt status will be automatically revoked.
Ta..-..:able Property Owner Association Property that is not exempt from the Special Ta..,<
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.
F. APPEAI...S
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 follo",ing 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 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 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 DF CDI...I...ECTIDN
Special Taxes levied pursuant to Section D above shall be collected in the same manner and
at the same time as ordinary ad valoron property tues; 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 determined appropriate by the CFD Administrator.
H. TERM DF SPECIAL TAX
Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or
until the City Council takes appropriate actions to terminate the Special Tax pursuant
to the Act.
II MuniRnancial
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