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Home My WebLink AboutOrd 1998-2755ORDINANCE NO. 2755 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 & 5]), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of Chula Vista (the "Legislative Body"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 & 51) (the "District"). BE IT ORDAINED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2, This Legislative Body does, by the passage of this ordinance, authorize the levy of special taxes at the rate and formula as set forth in Exhibit "A" attached hereto (the "Special Tax Formula"), referenced and so incorporated. SECTION 3. This Legislative Body is hereby further authorized, by Resolution, to determine the specific special tax rate and amount to be levied for the then current tax year or future tax years, except that the special tax rate to be levied shall not exceed the maximum special tax rate as authorized pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 4. The proceeds of the above authorized and levied special tax may only be used to as authorized by the Special Tax Formula. The proceeds of the special tax shall be levied only so long as needed for its purpose, and shall not be used for any other purpose. SECTION 5. The above authorized special tax shall be collected in the same manner as ordinary ad valorera taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. SECTION 6. The above authorized special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of tile Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the Ordinance 2755 Page 2 legislative body of the local Agency in the manner provided in Section 53330.5 of said Government Code. SECTION 7. This ordinance and special tax shall be applicable for the referenced District, as well as any future annexations. SECTION 8. This ordinance shall be effective thirty days after its adoption. Within fifteen days after its adoption, the City Clerk shall cause this ordinance to be published in the "Star-News," a newspaper of general circulation in the City, pursuant to the provisions of Government Code Section 36933. Presented by Approved as to form by John Lippit Publi~ector Ordinance 2755 Page 3 EXHIBIT A Part, IV - Rate and Method of Apportionment of Special Taxes ANNUALTA~ A Spesjal Tax snail be levied annually an land within Commumty Facilities District No. 57-1 (Open Scace Maintenance District) of Ihe City of Chula Vista (the 'D!strict"). and collected ascsrdan~ to toe Specks! Tax Liaallny de'.ermined Dy toe Czty cf Churn Vista (the 'City") through 'h= asoIicatian of tr, e following '-mc=~,,r,.s All of toe the , - property within District. unless otb~pN~se exempted by law or the express provEsions of the rate and method of assonionment expresses below, snail be taxe~ ~a the extent and in the manner araviG5d bebw be t:e aggregate sum of the Spec!al Tax for each SceciaZ Tax Area w~tn,n wn,cn me ParceJ js All S:,ecial Taxes aopiicaPle Io Portals shall De collected in toe same manner and at the same time as ordinary ad valorera prcper, y taxas. and the Special Taxes sc levied will be subject to the same ;analties and procedures. sale and lien priority in case of ce!lncuency as is provides for aC ';aidtern taxes. DEFINITIONS Acre or Acreage means the area cf a Parcel as shown on ire ',ares; maps of toe Assessor cf the County of San Diego. or. if the area of such Parcel is nor shown cn such Assessor's mass the area as shcwn on a Current recorced su,,?,division map. parcel map. record of survey cr other recorded document creating or cescriDing the Parcel, If the preceding maps are availa.~{e. the area shall be determined by the City Engineer. Administrative Expenses means the direct and indirect expenses incurred by the City in carrying cut its dunes with respect to trf~J District (including. but not limited to. the levy and csZ!emicn cf the Special Taxes) indudih_a the fees and expenses of ,is counsel Any fees of toe County related to toe District cr the csIlecbcn of Special Taxes. an aZlocaDle share of the salaries of Gty staff ~irectly related thereto. any smoums paid oy the City from its general fund with respect ~o lhe District. and expenses lncL:rred by the City In undertaking actions to lores!see on properties for which the payment of Special Taxes is delinquent, and all other casts and expenses Of the City feinted Io the D~strict Building Square Foot or Square Footage means the square foolage as shown on the ParceZ's building perm (s). excluding garages cr other structures not used as living space. City means the C~ty of Chula V!sta Ordinance 2755 Page 4 Ordinance 2755 Page 5 Developed Parcel means Taxable Prcpe:ly for which a foundation building permit or other form of building permit has been issued as of March 1 of the preceding Fiscal Year. District means the Open Space Maintenance District - SPA One (Villages l& 5) of the Ccmmu&ity Facilities District No, 97-1 of the City oZ Chula Vista. Facilities means those improvements defined in Par~ U of the Special Tax Repc,1 Cared JuLy. 1, 1~9;~ for Community Faci)ities District No. 97-I of the City of Cnula Vista Rscal Year means the period start, ing cn July 1 a,~: enoing the following Jur~e ';3 Maximum Special Tax means the max!mum special tax that can :e levied w~tn=n CFD No. 57-1 by the City Council in any Fiscal Year for each Parcei of Taxable Prope.':.y Non-Residential Uses shall reduce 811 Developed Pardais wn.cs are not zoned for Resident:a[ Uses including cornmar:col. mdustr;a!. and community puohc facih:y (CPF) uses. Operating Fund means a fund that shall be maimamed for eac.: Special Tax Area within the District for any Fiscal Year to pay for t:e actual costs of mainIanance repair. and replacement of [he Facilibes. and the Admin!strative Expenses Operating Fund Balance means ~ne amount of ,'undo in the Opera:;n_c Fund at t::e er~d of the preceding Fiscal Year Operating Fund Requirement means ~or any Fiscal Year an amount for each Spec;al Tax Area equal to the budgeted costs of the maintenance. repair and replacement of the Facilities which have been accepted and maintained by the District cr are reasonably expected tO be accepted and maintained by the District during the current Fiscal Year plus the budgeted Adminislrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied, Parcel means any San Diego County Assessor'5 Parcel or portion thereof that :s within the boundaries of the District designated on a map of the San Dtego County Assessor and which has been assigned a d~screte identifying number on the equalized ;ax rolls Of the County. Reserve Fund means a fund that shall be maintained for each Special Tax Area to provide necessary cash flow for operations and maintenance for the first six months Of each Fiscal Year. working capital to cover maimchance and repair cost overruns and delinquencies that may arise in connection with tr, e coiledlion of Special Taxes and a reasonable buffer against large variaucns in annL;al special tax amounts Ordinance 2755 Page 6 Reserve Fund Balance means the amounl of funds in the Reserve Fund at the end of 'h" preceding Fiscal Year. Reserve Fund Requirement means the required balanse in the Reser:,e Fund equal up to 100% of the Operating Fund Requirement. Residential Uses shall incbde those residential uses as perm~tte~ ,n the City zoning arqinan."~. Special Tax means the special tax or special taxes actually levied ',,.,~tnin CFD Na 9% i. Special Tax Area means one af the two specific areas comprising scot;tic Parcels as sncv,.n in :'xhibi~ B ,of the Special Tax Repp,1 dated Ju!y i. 19_:5 for Community Fa:";'~es Dis.tic: No 97-i sf the C~t.,,, of Cn:..?,a Vista Special Tax Liability for any Fiscal Year is an amount :'etermined for each Special Tax A~ea su~cient Io pay the costs of the Diszrict. including: (i) the amount repuired tp. be deposited into the Operating Fund to meet the Operating Fund Re~uiremem. less ~,he Operating Fund Balance. and (ii) the total amount required to be qeposiled into the Reserve Fund if any. to meet the Reserve Fund Requirement. less the Reserve Fund Balance Taxable Property is all real property or Parcels within ~he boundar,es of the Distncl whi.:.h are not exempt from the Special Tax pursuant to law. or which are not classified or assigned to the Exempl Calegory as defined harem, Careaeries of Special Taxes Residential Category: The residential category includes each Developed Parcel within the District which is zoned for Residential Uses by the City ('Residential Category"). The Maximum Special Tax that may be levied wzthin Soejal Tax Area A for Fiscal Year 1995199 on each Developed Parcel assigned la the Residential Category ~hall be $0.05,::4 per Building Square Fop The Maximum Special Tax that may be levie.~ wKhin Special Tax Area B for Zhe Fiscal Year 199811999 on each Developed Parcel assigned tp the Residential Caregory shall be 501977 per Building Square Fop[. Said Maximum Special Tax Races snail be increased or :ecreased each Fiscal Year thereof:or by 8 fa:tor which shall be the lesser Of the annual percan'.age change in Ihe January to Janua.'y San Diego Metrcpohtan Area All Uroan Consumer Price Index (All Ordinance 2755 Page 7 Items) or the annual percenIage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Govemor's budget published every January. Non°Residential Category The non-re. sidential category includes all Developed Parcels in the District which are not zoned by the City for Residential Uses ("Non-Residential Category") "The Maximum Special Tax that may be levie~ within Spat;el Tax Area A for the Fiscal Year 1.cga/g9 on each Developed Parcel assigned to the Non-Resicential Catego,"/shall be 51.143 per Acre (sa~d amount to be levie¢.. era rata fcr any portion of an Acre) The Maximum Special Tax that may De levie~- within Spat:el Tax Area B for the Fiscal Year IS-~./_c9 on each Developed Parcel assigned to the Non-Res~Cential Categon.,,' snalt De S2.538 per Acre (sad amount [o De levieC ~.rc rata for any poP. On of an Acre), Said Maximum Special Tax rates shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage change in the JanGary to January San Diego Melropolitan Area All Urban Consumer Price Index (Aft Items) cr the annual percentage change in the esbmated Calif,~rnia Fcur, h Qua.':.er Per Capita Personal Income as contained in ~he Gcvernor's buoget publishec every January. Exempt Category The exempt category includes each property owned by. conveyed or irrevocably offered for dedication to a public agency. land which is in the public rignt-oPway. unharmed utility easements which make utilization for other than the purpose set foRh in Ihe easement impractical. common areas. private streets and parks. and open space lots ("Exempt Category"). Vacant Land Category The vacant land category includes each Parcel of Taxable Property assigned to the District not subject to a Special Tax under any other category described above ('Vacant Land Category"). The Maximum Special Tax which ,rnay be levied on each Parcel within the Vacant Land Category for Fiscal Year 1998199 shall be the rates set forth in Table 1 below (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be ~ncreased or decreased each FZscal Year thereafter by a factor which shall be the lesser Of the annual percenlage change ~n ~he January ta January San De2o Ordinance 2755 Page 8 Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated Cahfornia Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January, TABLE 1 Vacant Land Category · Maximum Special Tax Rate per Acre Special Tax Area Special Tax Area A Special 'Tax Area B Maximum Soecial Tax Rate Si 293/A:re S2 570/Azre ASsLmnmen( to Camelot,as of Spas;of Taxes Category. or vacam Land Category. Parse!s suoJect to levy snarl De determined based upon the records of the San D,ego County Assessor Levv and Aaaortionment of Soec~af Taxes The G:y shall determine the SpeGal Tax Liaaihty 3f each Special Tax Area in each Fiscal Year on or about every July 1 (but in any event in su~'~cient ume to incbae the levy of the Special Taxes on the County's securec tax roll) Special Taxes snarl then be levied on each Parcel assigned to the Residential Category Non-Residential Category. and Vacant Land Category within each Special Tax Area in the following order of prionly: Step 1: Determine the maximum revenue which could be generated in each Special Tax Area by multiplying the to~al Building Square Footage of all Developed Parcels assigned to the Residentia Category in eacn Special Tax Area by the Maximum Special Tax per Building Square Foot and aod~ng maximum Special Tax revenue which could be generated by multiplying the total Acreage of all Developed Parce!s assigned to the Non-Residemia~ Colegory in cash Spesial Tax Area by the Maximum Special Tax per Acre. Step 2: If the total Special Tax revenue as calc=~ated in Step 1 for the Special Tax Area is greater than the Special Tax L~abifity of such SpeCial Tax Area. reduce the Special Tax for each Parcei proportionately so that the Special Tax levy for [,be Fiscal Year ts equal to the Spat;el Tax Liability ior me Fiscal Year Ordinance 2755 Page 9 Step 3: If the total Special Tax revenue as calculated in Step 1 is less than the Specaal Tax Liability of such Special Tax Area, a Special Tax shall be levied upon each Parcel assigned to the Vacant Land Category. The Special Tax for the Vacant Land Category shall be calculaled as the lessor of: (i) The Special Tax Liability for each Special Tax Area. less lhe totaI of funds · generated for all Parcels within that Special Tax Area under Step 1 above. ,, divided by the total Acres for all Parcels assigned to the 'Vacant Land Category" within that Special Tax Area. OR. the Maximum Speciat Tax raze for Parce!s w~thin that Soecial Tax Area However. in the event it is deIermined that the Speciat Tax L.abihty for Special Tax Area A includes dehnquent Spec=al Taxes from Parcels m Ihe Vacant Land Category from lhe prior Fiscal Year, the CIty shah determine me amount of such delinquent Special Taxes that arose from such Parce!s and icontory owner(s). The amount of delinquent Special Taxes. if any. that arose from each owner shall firsl be diviCed by the telat Acres owned oy such owner(s). and collected from Ihe respective Owner wlm the remaining portion of the Special Tax Liabihty not related to delinquent Special Taxes to be collected from Parcels in the Vacant La~,d Category according to the procedure set foc~h m the preceding para,;rapn Step 4: The total Special Tax tot each Parcei shall be the sum of the Special Taxes for each Special Tax A~ea ~n which a Parcel is located. Ordinance 2755 Page 10 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of October, 1998, by the following vote: AYES: Councih'nembers: Rindone, Padilia, Salas and Horton NAYS: Councilmenqbers: None ABSENT: Councilnqernbers: None ABSTAIN: Councilmernbers: Moot ATTEST: Shir~Tvlayo/j~r Authelet, City Clerk STATE OF, CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2755 had its first reading at a regular meeting held on the 6th day of October, 1998 and its second reading and adoption at a regular meeting of said City Council held on the 13th day of October, 1998, Executed this 13th day of October, 1998. ~Authelet, City Clerk